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Awrd - C29400A - PD Aquatic Center
CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29400A FOR THE PALM DESERT AQUATIC CENTER TO ASR CONSTRUCTORS, INC., OF RIVERSIDE, CALIFORNIA, IN THE AMOUNT OF $7,769,000 (PROJECT 722-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: September 9, 2010 CONTENTS: Agreement Performance Bond Payment Bond Contractor's Proposal Letter of Protest Recommendation By Minute Motion: 1. Award Contract No. C29400A to ASR CONSTRUCTORS, INC., for the Palm Desert Aquatic Center for the base bid amount of$7,663,000; 2. Select Alternates 2 through 5 in the additional amount of $106,000 for a total contract amount of $7,769,000; 3. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $776,900; 4. Reject the protest raised by Pacific Custom Pools, Inc.; and 5. Authorize the Mayor to execute the Contract Agreement. Funds for this contract are in Account No. 233-4549-454-4001, Park and Recreation Facilities Fund; and Account No. 851-4549-454-4001, Project Area 2 Aquatic Facility Capital Budget. No General Fund money is being used for this expenditure. Background On July 30, 2010, a Notice Inviting Bid for the Palm Desert Aquatic Center project was published. At the August 31, 2010, bid opening, nine contractors submitted bids. The low-bid determination was specified to be based on the lowest total base bid amount excluding alternatives. The verified results are as follows: Staff Report Award Contract C29400A to ASR CONSTRUCTORS, Inc. (Project 722-10) September 9, 2010 Page 2 of 3 ASR CONSTRUCTORS, Inc. Riverside, CA $7,663,000 The PENTA Building Group, LP. Palm Desert, CA $7,846,421 Pacific Custom Pools, Inc. Pasadena, CA $8,758,000 Morillo Construction, Inc. Pasadena, CA $8,808,700 RDP/SCI, Inc. Indio, CA $8,918,500 Doug Wall Construction, Inc. Bermuda Dunes, CA $9,089,822 FTR International, Inc. Irvine, CA $9,195,000 R.C. Construction Services, Inc. Rialto, CA $9,268,143 Roel Construction Co., Inc. San Diego, CA $9,474,116 There are five alternate bid items for this project. Alternate No. 1 is for the construction of prefabricated stainless steel swimming pools (also known as Myrtha pools) in lieu of tradition construction. Alternate No. 2 is for the cost to install the kitchen equipment. Alternative No. 3 is for the addition of a water cooling system for the Recreational Pool. Alternate No. 4 is for the change from a built-up roof system to a standing seam metal roof. Alternate No. 5 is for the addition of a viewing well to house a camera for underwater viewing. It should be noted that Alternate No. 1 has been included to give a comparison between a Myrtha pool and traditional pool construction. However, this alternative is not recommended by the staff for the following reasons. First, it would require a partial redesign by the pool consultant to provide detailed construction drawings. Secondly, the partial redesign will require re-approval by the Riverside County Health Department as currently only the traditional pool construction plans have been approved. Consequently, the construction schedule will be severely impacted should the Myrtha pool alternative be chosen. Staff does not believe that the Myrtha pool provides enough benefit to offset the additional costs which exceed $1,000,000. ASR CONSTRUCTORS, Inc. acknowledged all of the addenda issued and had the lowest responsive total base bid as well as the lowest total of alternate bid items, excluding Alternate No. 1, in the amount of $106,000 (see the table below). Item Description Cost Recommendation (additional) Alternate #1 Stainless Steel Pool $1,260,000 No Alternate #2 Kitchen Equipment $ 42,000 Yes Alternate #3 Water Cooling System $ 22,000 Yes Alternate #4 Standing Seam Metal Roof $ 20,000 Yes Alternate #5 Viewing well for camera $ 22,000 Yes Total of the Recommended Items $ 106,000 Staff Report Award Contract C29400A to ASR CONSTRUCTORS, Inc. (Project 722-10) September 9, 2010 Page 3of3 On September 1, 2010, the third lowest bidder, Pacific Custom Pools, Inc., submitted a Letter of Protest alleging that the first two lowest bidders failed to comply with the requirement that at least 50 percent of the contract work be performed by the General Contractor. Staff evaluated the protest and found it invalid. ASR CONSTRUCTORS, Inc., provided a work breakdown by percentage for each contract bid item demonstrating that they are performing 53 percent of the work. Pacific Custom Pools, Inc., provided no such breakdown in their proposal. Therefore, staff recommends that City Council, by Minute Motion, award Contract No. C29400A to ASR CONSTRUCTORS, Inc., for the Palm Desert Aquatic Center, including Alternates 2 through 5, in the amount of $7,769,000, authorize the Director of Finance to set aside a 10 percent contingency in the amount of $776,900, reject the protest raised by Pacific Custom Pools, Inc., and authorize the Mayor to execute the Contract Agreement. Fiscal Analysis Fiscal impact of the project will be the construction cost plus the on-going maintenance and operation cost associated with the Aquatic Center Facility. Prepared By: Depa t ead: Bo Ch , P.E., City Engineer Mark Gr n ood, P. . Director of Public Works 62 Paul S. Gibson, Director of Finance Justin McCarthy, ACM/Redevelopment Approval: CITY COUNCIL AC 'ION APPROVED �� DENTED RECEIVED OTHER Jo M. Wohlmuth MEET - -no/ C' y anager/Executive Director AYESs NOES: ABSENT: ` 44,11),2 . BY RDA ABSTAIN: 1 G' t�- �� Jra VERIFIED BY: 3 //1/ri �� Original on File with City rk's Office VERIFIED BY ) /22( Original on file with City rk's Office AGREEMENT THIS AGREEMENT is made and entered into this 9tt' day of September, 2010, by and between City of Palm Desert, California, hereafter called "CITY" and ASR CONSTRUCTORS, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. AQUATIC CENTER AT CIVIC CENTER PARK, PROJECT 722-10, CONTRACT NO. C29400A, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 1 to 5; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work by May 6, 2011, from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor shall receive $1,000.00 per day up to maximum of $15,000.00 for completing the project ahead of the agreed upon completion date with the CITY. 4. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $5,000.00 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 8. Execution of the Agreement by the parties constitutes their agreement 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. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] CHRISP COMPANY: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY State of California ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DOCUMENT 00 61 40 CITY OF PALM DESERT H-Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to ASR Constructors, Inc. hereinafter designated as the "Principal", a contract for: PALM DESERT AQUATIC CENTER PROJECT NO. 722-10 CONTRACT NO. C29400A WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, ASR Constructors, Incorporated the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Seven Million, Seven Hundred, Sixty-nine Thousand and no/100 Dollars ($7,769,000.00), be- ing 100% of the contract amount in lawful money of the United States of America for the pay- ment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said con- tract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceed- ing to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. City of Palm Desert—Civic Center Park 00 61 40- 1 Performance Bond Gould Evans 0509-0060 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fore- going paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) City of Palm Desert—Civic Center Park 00 61 40- 2 Performance Bond Gould Evans 0509-0060 DOCUMENT 00 61 50 CITY OF PALM DESERT I-Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to ASR Constructors, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated September 9, 2010 described as follows: PALM DESERT AQUATIC CENTER, PROJECT NO. 722-10, CONTRACT NO. C29400A, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Con- tract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, ASR Constructors, Inc., the undersigned CONTRACTOR, as Principal, and a corporation organized and exist- ing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Seven Million, Seven Hundred Sixty-nine Thousand and no/100 Dollars ($ 7,769,000.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and as- signs, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemploy- ment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sure- ties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corpo- rations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. City of Palm Desert—Civic Center Park 00 61 50- 1 Payment Bond Gould Evans 0509-0060 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obliga- tions on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's rea- sonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: ASR Constructors, Inc. (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance de- fined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in Cal- ifornia if different from above) City of Palm Desert—Civic Center Park 00 61 50-2 Payment Bond Gould Evans 0509-0060 Acknowledgment State of California ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) City of Palm Desert—Civic Center Park 00 61 50- 3 Payment Bond Gould Evans 0509-0060 DOCUMENT 00 41 00 CITY OF PALM DESERT C- Contractor's Proposal Addendum No. 2 PALM DESERT AQUATIC CENTER CONTRACT NO. C29400A PROJECT NO.722-10 TO: CITY OF PALM DESERT, "CITY" DATE: Y_ 31 - 2 0 f 0 _ BIDDER: i Si< Ct`',(�?51�12Uc (51-2-S, i�j� . "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of the Palm Desert Aquatic Center, Project number 722-10, Contract No.C29400A hereby proposes to construct the work in accordance with the Contract Documents, including Addenda for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR—not by telephone or telegram —before the time specified in the Notice inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. • 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CiTY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjust- ment and alterations as elsewhere provided herein. City of Palm Desert—Civic Center Park 00 41 00-1 Gould Evans 0509-0060 Contractor's Proposal a rITEM ND, ` ,_ ;ITEM,:DESGRIPTIOI>f _; _' .-'. , s, '. UNITS QUANTITY, UNIT COST :TOTAL Division 0 Public Works General LS 1 $ �cc c cC. `' $ 0 001 Specifications ' `'-ocx, 002 Division 1 General Requirements LS 1 $ S '3,oc,c,r;'r $ G.0s, qco "-c' 003 Division 2 Existing Conditions LS 1 $ .e-c ocac>"= $ , ,„„,,,`' 004 Division 3 Concrete LS 1 $ c c=4 ora '22 c'-9 005 Division 4 Masonry LS 1 $ 9 c eon, 712 c=' 006 Division 5 Metals LS 1 $ :36G,ere(cc: $ 3,6c,oc0_ c'"' 007 Division 6 Wood, Plastics and Composites LS 1 $/ys`("Ca `, ' $/v5_ ccc,C.a 008 Division 7 Thermal and Moisture Protection LS 1 $ I tjc,cc•ots $ ,.> c cam.,- r 009 Division 8 Openings LS 1 $ /7c z'cc,4-` $ /74,,,crc ':4 -7 Division 9 Finishes .LS 1 $ c`qG,ccC:'- $jyc,c,ce', 4 011 Division 10 Specialties LS 1 $ 01,4.e'-`2 012 Division 11 Equipment LS 1 $ ,'. cc'',42 ''c y $ ,�rcc,oa; Division 12 Furnishings LS 1 $ "r f' 013 g �e;040.- $ �c:„6CC, 014 Division 13 Special Construction LS 1 $2 C'C ,c0c?,`".-- $o, ,,cx�c'cC;�'', 022 Division 21 Fire Protection LS 1 $ �S;oc °,',7-E- $ 4/3;0ce, 0 t? 023 Division 22 Plumbing LS 1 $ sus- ,000,�`' $ 'p'. ec6r`'s' 024 Division 23 Mechanical LS 1 $ /c4,�,cicz:, `',S. $ /4'C;,004.`, ,, 027 Division 26 Electrical LS 1 $ 6.6, 0 60- r' $ i C, , �C,o. r`e' � G' 028 Division 27 Communications LS 1 $ • 029 Division 28 . Electronic Safety and Security LS 1 $ ,S;`ac'c `-.=-' $ cal, `'` 032 Division 31 Earthwork LS 1 $ ,Po)004`;I' $ Too,cFco, L?(' 033 Division 32 Exterior Improvements LS 1 $ e„20�',o0c7, `"-' $ A C ,OC, { .' 034 Division 33 Utilities LS 1 $ yoc,00c, �T $ %i0c.c„6C TOTAL . or PRICE '2, 66 3.oc--), --'266 5, occ'- ALTERNATES Alternate#1 -Construction of pools as prefa- LS 1 $/� �c f o•`P� $ /i 2G c oci.',c 5^ bricated stainless steel swimming pools in lieu , ALT 1 of traditional construction. 4() I 2.>- / 0,7:- _ Alternate#2-Kitchen Equipment. Cost to pro- LS 1 $ 0, $ c c ALT 2 vide&install all kitchen equipment. ADO . ,oPe, ' Y- cC4`• -.— Alternate#3-Pool Cooling for recreational LS 1 $ ALT 3 pool. 7 ,4 'C`'� 0,:,N $" .,� :.1, s �, 0 Alternate#4-Cost to change from a built-up. LS 1 $ c-'(' $ , ALT 4 roof system to a Standing Seam metal roof. .�'/., = x oCV. _ ,,1�' C c City of Palm Desert-Civic Center Park 00 41 00-2 Contractor's Proposal Gould Evans 0509-0060 tthY s °.. aa'� v ta'� q 3wi r ia'�t a- r.- �r+firl'i .r.t k Pr ses.- _u,* ;I+ z t Is , tY >, ..e„d�PRU r' e s r,Y frA t'-.t l-r- Vi-s ' 's� . 'ac qt 'e1 #6_ ?47"� 144- / ITEM N.O ,. :.A ITEM;DESCRIPTIOJ�7x ,,,_ t > ,..'_;, UNITS _QUANTITY UNIT COST. TOTAL Alternate#5—Cost to include a viewing well to LS 1 $ $ house a camera for viewing underwater di- ,�, c ALT 5 ving/swimming in the competition pool. 4. .9 000. TOTAL $ ALTERNATE $ PRICE .3 .,c�02 /,366,00, The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ �� �, c CC' — TOTAL AMOUNT BASE BID IN WORDS _ ✓f/t'GJC%+. .S/ 'i"fc1.G","7.-z .S�x � t Z-47 J IN WITNESS WHEREOF CONTRACTOR ex thi roposal as of dates orth on P C-1: By: Signature Title: {(4 t i'i# I ���t("�fn pc Y1(1t� YID' �'�,�t�G j�t`'1 CONTRACT R State of Califon ' ) County of Subscribed and sworn to (or ed) before me on this day of (month), (year), by proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature of Notary (Seal of Notary) City of Palm Desert—Civic Center Park 00 41 00-3 Contractor's Proposal Gould Evans 0509-0060 f! e! Jurat li State of California County of iZ v s Cve. } Subscribed and sworn to (or affirmed) before me on this �,S'r day of {r}L•a,9u5-4- zl 20 0 by i" 1 I curl ZI'Ci-li C,i-rl CL$Yh C,(CA. 0 Cf r g j proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. i i di i f {� a..., t_ I(.., ._ i Si /atllre (Notary seal) (' 'rill YVETTE J.ACEVES !? i �,.t�.M« COMM.# 1740549 1 ? ,, NOTARY PUBLIC-CALIFORNIAJ I r SAN BERNARDINO COUNTY 11 My Comm.Expires April 21,2011 t i OPTIONAL INFORMATION ii d INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurors completed in California after January 1,2008 must be in the form as set forth within this Jurat.There are no exceptions.If a Jurat to be completed does nor follow this form, the notary' must correct the i verbiage by using a jurat stamp containing the correct wording or attaching a separate juror form such as this one which does contain proper wording. In DESCRIPTION OF THE ATTACHED DOCUMENT addition. the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The Oi� ' ir' fI t' P(U C)SC4 document must be signed AFTER the oath or affirmation.If the document was previously signed,it must be re-signed in front of the notary public during the (Title or description of attached document) jurat process. } (Title or description of attached document continued) • State and County information must be the State and County where the } document signer(s)personally appeared before the notary public. Number of Pages Document Date • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s)of document signer(s)who personally appear at the time of notarization. (Additional information) • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a sufficient area permits,otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. '4 { - Indicate title or type of attached document,number of pages and date. • Securely attach this document to the signed document }' +1! 2008 Version CAPA v1.907 ww i18008739865 w .NotaryClassesbcom G 3x .g�..-. v - _ ,:_rv.� LL. i DOCUMENT 00 42 00 CITY OF PALM DESERT D-Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address &23c \ I LSoM i SET" (2) Telephone No. 5 .1 16\ . (9 3Q)O (3) Type of Firm(Individual, Partnership or Corporation) 0 r o ra tic)n (4) Corporation orga ized under the laws of the State of CL fo r(c't (5) Contrac r' L' 15 ` CI 5 Exp. Date e) I j. ,2_Q I I Contractor her rs er penalty of jerj4jry that t is information provided L is true and correct. By: _7 r ,k Title: v�SideAi cQoyetaj1 Signa ur ?- �'+ --j C't�1Ue"e t;. Contractor fir , (6) List theflames and addresses of all owners of the fir r names and titles of ail officers of the corpora- tion: P1Gi►� -ecwt C-1 p ;€ , '� , pMy((�t(4 �v4rq 4€0144ci (7) Number of years'ex erience as a Contractor in construction work i i7 it t�C1I (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name,Address& Telephone No.of Owner 1. eE ACi C ..ry\e rt� 4 2. 3. City of Palm Desert—Civic Center Park 00 42 00- 1 Information Required of Bidder Gould Evans 0509-0060 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improve- ment, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: %S S 1 License Number: 76.4 70 6 Address: jc.,cSs, ✓ 5 . .-c: gi<9ds �- Telephone: 9,57 -, e,'(F.2 2 0_37 Work to be performed: ,Q6. 4'-- Subcontractor's Name: j U71f c r0,c.- Rcac License Number: 4 6 :?3 Address: f' ..e'Gj' 5A.r- .. "y+-7. cc,S� C'�'/ Telephone: r" c;; _ T y.;- 5- �- ,; Work to be performed: c' / --G. Subcontractor's Name: 7 z.:'yry -sue, r 6 cri ss License Number: cf c-(., a 2 Address: ,/"' ,:.>,, �. t /C!J c� /. .r�♦ C?�7. Telephone: 7G0-~- 7 2`/ Y.2 2 22, Work to be performed: r°c , s 3' c. c i Z 4 (10) List the name of the person who inspected the site of the proposed work for your firm (11) A financial statement or other information and references sufficiently comprehensive to permit an ap- praisal of your current financial condition may be required by the City. • • City of Palm Desert—Civic Center Park 00 42 00-2 Information Required of Bidder Gould Evans 0509-0060 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improve- ment, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: License Number: ,c-Z%-,2 74'7 Address: S' 5Y— -S 6.7 Telephone: cst, / I - / Work to be performed: Subcontractor's Name: it9 -.4,64-r ,4 License Number: Address: c 1470- 3/7 Telephone: 7 C., Work to be performed: /1--/Vele Subcontractor's Name: S License Number: 2 S.(5.3y Address: 9s z.2-c Telephone: S-4-/ ;-* 5"Z Work to be performed: 71,...1„,,L, (10) List the name of the person who inspected the site of the proposed work for your firm 1(.1r€:„ (i 1) A financial statement or other information and references sufficiently comprehensive to permit an ap- praisal of your current financial condition may be required by the City. City of Palm Desert—Civic Center Park 00 42 00-2 Information Required of Bidder Gould Evans 0509-0060 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improve- ment, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: 2 jG/./7J,V r rc io2 i C. License Number:if i S/'7e y Address: 7.:3 c3 ° Y O'---QH J//o..0 ,0 ,s. >, 64'. Telephone: `7(cC . 74-';) Work to be performed: E. L.-C"-€7res c;.4 Subcontractor's Name: S/�I,5,4'trn c1 A2. License Number: Address: l0 4 J ,'S A /fiz Telephone: -- Work to be performed: / c, -/ 3 Subcontractor' Name: L.c✓. T�.c- sr✓ >.c, J .46 License Numbe T' �, /17; '-_ v� £ Tr. .�r�;c' Address: 'S ....? ..4-a g' e: • & ,:t �j r, c..4 Telephone: 7e2/ ,:"I'✓- } Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm 111t^ k3'1:1 (11) A financial statement or other information and references sufficiently comprehensive to permit an ap- praisal of your current financial condition may be required by the City. City of Palm Desert—Civic Center Park 00 42 00-2 Information Required of Bidder Gould Evans 0509-0060 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improve- ment, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: 5t.„°, C .J License Number: 44i'.tom Ij 2 S j.. '' Address: Z 0„e.4c-'c Tlrr,,rc.^',C /.tr:4 �.- Telephone: 7/7. — 7�'— eocci Work to be performed: 4CC Subcontractor's Name: • License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm Ir'I r'C, I-y (11) A financial statement or other information and references sufficiently comprehensive to permit an ap- praisal of your current financial condition may be required by the City. • City of Palm Desert—Civic Center Park 00 42 00-2 Information Required of Bidder Gould Evans 0509-0060 DOCUMENT 00 42 50 CITY OF PALM DESERT E-Non-,Collusion Affidavit • To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) ) SS COUNTY OF \Ve1'4i(1e.i ) \r-r-1 i )I1kYiL{G4?jQ4/rt,, , being first duly sworn, deposes and says that he/she is_ P'f(tiOiX- aecitpAry --bf Ct>,isirtitirc, llI(, , the party making the foregoing bid;that the bid is not made in tie interest of, or on behalf of any undisclosed person, partnership, company, association, or- ganization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not di- rectly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the pro- posed contract; that all statements contained in the bid are true; and,further, that the bidder has not, di- rectly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay'any fee to any corporation, partner- ship, company, association, organization, bid depository, or for y�,fhember or agent thereof to effectuate a collusive or sham bid, ' ? ' By: /1 ' Kam , Signatur Title: CONT CT State of California County of Subscribed and sworn to(or affirme , efore me this day of (month), 20 (year), by_ „ proved to me on t asis of satisfactory evidence to be the person who appeared before me. Signature of Notary: Notary Public in and for said County and State (seal of notary) s e ACT A T C.-1-kME.:Ki j • • City of Palm Desert—Civic Center Park 00 42 50-1 Non-Collusion Affidavit Gould Evans 0509-0060 1 Jurat i State of California H County of j ,JC'S i C Subscribed and sworn to (or affirmed) before me on this day of ti(` _ -- , i 20_U by 0 1,Ca (5; G CL.,0c\ RcROAXACk C.I.. CLJ\ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. +, y ,/ f..f t ( : / i .t, I (t 1� (Notary seal) Signature r • I' iI t, lil 1Wi ;1 is l OPTIONAL INFORMATION 1 INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1. 2008 must i be in the form as set forth within this Jurat.There are no exceptions.If a Jura, t A to be completed does not follow this form, the notary must correct the i g verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In 4 f DESCRIPTION OF THE ATTACHED DOCUMENT addition, the notary must require an oath or affirmation from the document 1 signer regarding the truthfdness of the contents of the document. The k a document must be signed AFTER the oath or affirmation.If the document was j t previously signed,it must be re-signed in front of the notary public during the ) (Title or description of attached document) juror process. E; (Title or description of attached document continued) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public. k Number of Pages Document Date • Date of notarization must be the date that the signer(s) personally appeared i I which must also be the same date the jurat process is completed. • Print the name(s)of document signer(s)who personally appear at the time of I i• notarization. ; (Additional information) • Signature of the notary public must match the signature on file with the office i of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a sufficient area permits,otherwise complete a different jurat form. a 9 Additional information is not required but could help to ensure this t ° jurat is not misused or attached to a different document. ❖ Indicate title or type of attached document,number of pages and date. • Securely attach this document to the signed document 11 2008 Version CAPA v1.9.07 800-873-9865 wwwNotaryClasses.com .,_.v .. ____ _ . r_ ____ 1 ai . _ DOCUMENT 00 43 30 BID BCrD #8215 10 56 F CITY OF PALM DESERT F-Bidder's Bond To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, , j-RS, - as principal, and fir, II E cU"JPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ TN P i & 00/100 (10% of bid)to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and adminis- trators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The work to be completed is located in a 7.8 acre parcel located south of Magnesia Falls Drive in Civic Center Park. The project will occupy, an area that includes a significant date grove as well as lawn area south of the grove. The Program for the Aquatic Center will include the following: • competitive (swimming &diving)pool having a surface area of approx. 12,800SF • Zero depth entry recreation pool having an approximate surface area of 6,200 SF • A Splash pool having an approximate surface area of 1,800 SF with Wet Play features • Two pool side slides associated with the recreation pool • Diving well with two(2)-3 meter and two(2)- 1 meter diving boards. • Fencing around the pool area(waterpark) with gates and exiting defined and designed • Approximately 31,000 SF of pool decking with storm drainage . • New Pool Bath House to include entrance/check-in area, mens/womens/family changing rooms, staff&lifeguard offices, first aid room, equipment storage, chemical storage, two-sided conces- sion area,pool equipment area, multi-use room and utility room(s)at approximately 8,500 sf • LEED certified structure • Parking lot located within the existing date Palm grove • Site and Building Lighting • Off site improvements for Right Turn Lane and Magnesia Falls Widening and dated R-11_10 is accepted by the City of Palm Desert, and if the above bounden principal Aq4 n rrrRc, rnr_ shall duly enter into and execute a contract for such construc- tion, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; other- wise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attor- ney's fees, shall be awarded to the prevailing party. City of Palm Desert-Civic Center Park 00 43 30-1 Bidder's Bond Gould Evans 0509-0060 • IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 17Thilay of ma , 2010 Contractor's Name: aL*(. 4. 1 Contractor's Signature: , L ' Title: 6 - VC, -Mil, . ■ A �_�L.r '�i ! Address: - 2 5230 \ are �C. ; w � cl 5 111 Telephone: Q 1-'1'j0\-- * r, Surety's Name: ETRpL flR vE 4 ' Surety's Signature (1, Title: w Address: P.O. Fa< 2191, ranuE, VA. 23327 Telephone: 213-612_55 $' City of Palm Desert—Civic Center Park 00 43 30-2 Bidder's Bond Gould Evans 0509-0060 Company Profile Page 1 of 2 ' CALIFORNIA DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results FEDERAL INSURANCE COMPANY Company 15 MOUNTAIN VIEW ROAD Information WARREN, N3 07061-1615 Old Company 800-252-4670 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List back to top Lines of Business Agent For Service Financial Statements PDF's JERE KEPRIOS Annual Statements C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST Quarterly LOS ANGELES CA 90017 Statements CA Supplements back to top Company Complaint Company Reference Information Performance& Comparison Data NAIC #: 20281 Company Enforcement Action California Company ID #: 0059-6 Composite Complaints Studies Date Authorized in California: 12/18/1902 Additional Info License Status: UNLIMITED-NORMAL Find A Company Representative In Company Type: Property&Casualty Your Area View Financial State of Domicile: INDIANA Disclaimer back to top NAIC Group List NAIC Group#: 0038 CHUBB&SON INC back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 9/1/2010 Company Profile Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS'COMPENSATION back to top ©2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 9/1/2010 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 'CHUBS Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Ramie Galan and Newton Kellam of Irvine, California-- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to tha modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of May,2010 -17 fCenneth en el,Assistant Secretary B.Norris,Jr Vice ident STATE OF NEW JERSEY ss. County of Somerset On this 19th day of May,2010 before me,a Notary Public of New Jersey;personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notari. ea! STEPNEY E.BRADT B.:. y Public.State of New Jersey OTARY N0:2321pp7 (:" ' i wort Expires Oct.25,2014 PU 0 Notary Public� CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President.jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President.any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the`Companies")do hereby certify that (I) the foregoing extract of the By-Laws of the Companies is true and correct, (li) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 17IH EPY GE'pausr 2010 •sdRF Amur W Y era.r ♦ 4-�:?-'* %IAMP' Iyj, Sj' NEM Yoit4 /2% i*L6i1 {/ Kenne .Wend , sistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANYOTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com • Form 15-10-0225B-U (Ed.5-03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On 8-17-2010 before me, Yvette J. Aceves, Notary Public (Here insert name and title of the officer) personally appeared Ramie Balan who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. wwwwww , YVETTE J.ACEVES WI SS my hand-and official seal. 4.r. . e+ COMM.# 1740549 g s t V NOTARY PUBLIC-CALIFORNIAr. y SAN BERNARDINO COUNTY { 1 r °'' /�` ' l f ( ( (Notary Seal) My Comm.Expires April 21,2011 Signature of Notary Public t • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document Ssigner(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of vex3 C)(e.„ On 2.0 10 before me, LI V7k l c_- es A No it J (Here insert name and title of the officer) personally appeared 01(Ln, , Rcy l C lc e�r ran , 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. ^ 6. YVETI E �,AC EVES � � COMM.# 1740549 Z �,E.�...�v NOTARY PUBLIC_CALIFORNIA � �r N 6ERNARDiNO COUNTY (N r' ,� ,/' ✓ '` . �'_ (Notary Seal '"' Signature of Notary Public y Comm.a Exprres April 21,2011 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a oO vv document is to be recorded outside of California. In such instances,any alternative I ,✓ (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in j California (i.e. certifring the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they,is tare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. D Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other . Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Scope of Work to Be Performed by ASR Constructors, Inc. Scope of Work Percent of Contract Earthwork ` % Asphalt Paving S % Parking Lot Payers % Landscape & Irrigation -3 % Bldg. & Site Concrete S % Masonry % Structural & Misc. Steel V Carpentry - % Sheet Metal % Ceramic Tile % Pool Construction % Plumbing % Site Utility K % p7/Sc, cr riJ%ram!c" Total: s-3 Attachment # 1 CONTRACT CLASS OF DATE NAME,ADDRESS AMOUNT: WORK: COMPLETED: & TEL. NO. OF OWNER: Tesoro HS Pool $3,344,321.25 Swimming Pool January 2004 Capistrano USD Complex 33122 Valle Rd. San Juan Capistrano,CA 949-234-9200 Terrace Hills MS Colton Joint USD $49,000.00 Swimming Pool September 2006 1212 Valencia Dr. Complex Colton, CA 92324 909-580-5000 Bloomington MS Colton Joint USD $183,000.00 Swimming Pool September 2006 1212 Valencia Dr. Complex Colton, CA 92324 909-580-5000 Repplier Park Aquatic Center City of Banning $3,835,830.06 June 2007 99 E. Ramsey St. Swimming Pool Banning, CA Complex 951-922-3105 Upland HS Aquatic Center Upland USD $3,198,327.05 November 2008 390 N.Euclid Ave. Swimming Pool Upland,CA Complex 909-984-1864 Norte Vista HS Alvord USD $593,000.00 Swimming Pool May 2010 10365 Keller Ave. Complex Riverside, CA 951-509-5000 Pacific Custom Pools, Inc. 265 North Vinedo Avenue,Pasadena,California 91107 Office(626)795-3400 Fax(626)795-4003 September 1,2010 Bo Chen City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Palm Desert Aquatic Center Bid Dear Mr. Chen, Please consider this letter a formal notice of protest for any decision to award ASR Constructors or Penta Building Group the Palm Desert Aquatic Center project. It would appear that neither General Contractor per confirming RFI Addendum No. 2 dated August 25, 2010 "the 2009 Green Book Section 2-3.2 can perform at least 50% of the contract work". Item addressed above is not in accordance with public contracting laws. Please confirm the City of Palm Desert has acknowledged the above mentioned discrepancy and/or missing/incomplete items are grounds for disqualification of ASR Constructors and Penta Building Group bid on Palm Desert Aquatic Center. I look forward to hearing from you soon concerning resolution. Thank you in advance for you immediate attention to this matter. Best Regards, James F. Barger,President Pacific Custom Pools,Inc. www.pacificcustompools.com California Contractor's License#417294(A,B,C-53)/Nevada Contractor's License#34654(A-Unlimited A-10/A-22)/ Nevada Contractor's License#72587(B-$6,700,000)I Arizona Contractor's License#157318-001