HomeMy WebLinkAbout12 C37040A Protest of Bid SubmittedGRANITE TM
March 6, 2021 TRANSMITTED VIA E-MAIL: grocha@cityofPalmdesert.org
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Grace L. Rocha, Acting City Clerk
Re: President's Plaza Parking Lot Improvements
Project No. 758-14
Contract No. C37040A
Subj: Protest of the Bid Submitted by H&H General Contractors, Inc.
Dear Ms. Rocha:
Per Article 28 (Page 17), this serves as a formal protest of the bid submitted by H&H General
Contractors, Inc. ("H&H") on the above -referenced Contract for failure to properly execute their bid,
which as explained herein is sufficient grounds for finding their bid nonresponsive.
Granite Construction Company ("Granite") timely submitted a responsive bid to the City of Palm Desert
("City") for the above -referenced Contract on March 2, 2021. H&H was the apparent low bidder and
Granite was the second low bidder.
H&H FAILED TO PROPERLY EXECUTE THEIR BID
Page 22 of the Bid Documents serves as the page in which bidding Contractors execute their bid for
submission to the City.
1. Page 22 of H&H's bid submittal is dated March 3, 2021, one (1) day after the bid opening date.
Relying on this form, H&H did not execute its bid on or before the bid deadline of March 2,
2021, but
Further, the bid form states, "If the Prime Contractor is a corporation, two signatures of
corporate officers are required." Relevant California law generally holds that "it does not matter
where the bid was signed, so long as it has been signed by the appropriate parties." (Menefee v.
County of Fresno (1985) 163 Cal.App.3d 1175, 1181 [210 Cal.Rptr. 99].) Here, despite being a
Corporation, H&H included only one signature with its bid; therefore, it has not been signed by
the appropriate parties —plural. And unlike the facts in the Menefee case, the required second
signature cannot be found on any of the other forms of H&H's bid. As such, H&H's bid was and
remains defective as it does not conform to the bid instructions; and therefore, it should be
deemed non -responsive.
City ofPalm Desert cRAnITE „
Marchh 6, 2021
Page 2 of 2
3. Moreover, the bid form instructs the bidder to "provide a statement of the authority of a
signatory to bind Bidder." H&H's bid included an "Agreement of Merger" dated May 11, 2019
that fails to demonstrate whether Juan M. Olvera is authorized to sign on behalf of the
corporation, i.e., H&H. To be clear, the document submitted by H&H is no substitute for an
authenticated resolution of H&H's Board of Directors and cannot be relied upon for the purpose
of establishing signing authority.
4. Please also note that H&H did not affix a corporate seal as required by Page 22.
For the reasons stated above, Granite respectfully requests that the City uphold Granite's bid protest,
deem the bid submitted by H&H to be non -responsive, and award the Contract to Granite, as the lowest
responsive and responsible bidder.
Should you have any questions or require additional information, please do not hesitate to contact me
at (760) 578-3138 or joe.richardson@gcinc.com.
Sincerely,
GRANITE CONSTRUCTION COMPANY
Joe Richardson
Chief Estimator
Enclosures
Cc: Andy Firestine, City of Palm Desert
Randy Bowman, City of Palm Desert
Granite Bid File
38000 Monroe Street, Indio, CA 92203 1 Telephone: 760.775.7500 1 Facsimile: 760.775.8229
I hereby certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made herein are
true and correct.
1"111101:4-
PRESIDENT
(Title)
H1014LANDr GAURPNIA
(Where signed) (City, State)
Bidder's Business Address:
- qI A CALM AV1
aIeuI�NQ b qno a
(corporate seal)
Dated: ��/tR"t 3 ,20 �I
State of Incorporation: 6A14 Po k-N I A
(If the Prime Contractor is a corporation two signatures of conuorate officers are required.)
Names and addresses of all partners or joint venturers:
Provide a statement of the authority of signatory to bind Bidder:
JEE ATTAGHO
PRESIDENT'S PLAZA PARKING LOT -22_ BID FORMS
IMPROVEMENTS
PROJECT NO. 758-14
AGREEMENT OF MERGER
OF
H&H GENERAL CONTRACTORS, INC.
(a California Corporation, Surviving corporation)
AND
J.M. OLVERA ENGINEERING, INC.
(a California Corporation. Merging corporation)
In accordance with California Corporations Code, Title 1, Chapter 11, Section 1100 et. Sett' the
undersigned, being the Chief Executive Officers and Directors of the Constituent Corporations herein,
do hereby certify as follows:
Whereas this Agreement of Merger dated May 10, 2019, is made and entered into by and
between:
H&H GENERAL CONTRACTORS, INC., a California corporation, (herein "Surviving
Corporation")
M
J.M. OLVERA ENGINEERING, INC., a California corporation, (herein "Merging
Corporation"),
Surviving Corporation and Merging Corporation are from time to time herein referred to as the
"Constituent Corporations."
Merging Corporation has only one class of stock: Common with 20,000 shares authorized and
outstanding.
Surviving Corporation has only one class of stock: Common with 10,000,000 shares authorized
and 1,000,000 shares outstanding.
Merging Corporation shall be merged into Surviving Corporation.
The outstanding shares of Surviving Corporation shall remain outstanding and are not affected
by the merger.
By virtue of the merger and without any action on the part of any holder thereof, each
outstanding Common share of Merging Corporation shall be convened into nine (9) Common shares of
Surviving Corporation.
The Bylaws of the Surviving Corporation, as in effect immediately prior to the merger, shall
continue in fall force and effect as the bylaws of the Surviving Corporation.
The directors and officers of the Survivor Corporation shall continue to serve as the directors
and officers of the Surviving Corporation until their successors shall have been duly elected and
qualified.
The Surviving Corporation shall continue to carry on the same be of business after the merger
as the Constituent Corporations did before the merger.
This Merger qualifies as a tax-free reorganization under Section 368(a)(1)(B) of the Internal
Revenue Code.
Merging Corporation shall from time to time, as and when requested by Surviving Corporation,
execute and deliver all such documents and instruments and take all such action necessary or desirable
to evidence or carry out this merger.
The effect of the merger and the effective date of the merger shall be effective immediately
upon the successful filing of this Agreement of Merger with the Califomia Secretary of State.
A copy of this Agreement of Merger will be famished by the surviving corporation, on request
and without cost, to any stockholder of either Constituent Corporation.
This Agreement of Merger shall be governed by and construed and enforced in accordance with
the laws of the State of California.
IN WITNESS WHEREOF the parties have executed this Agreement.
H&H GENERAL CONTRACTORS, INC.,
Date: S✓ /` /'/
Date: S r
J.M. OLVERA ENGINEERING, INC
Date:
Date:
Certificate of Approval
of
Agreement of Merger
Juan Olvera and Juan Olvera certify that:
1. They are the president and the secretary, respectively, of J.M. OLVERA
ENGINEERING, INC., a California corporation.
2. The principal terms of the Agreement of Merger in the form attached were duly
approved by the board of directors and bythe shareholders of the corporation by a vote that equaled or
exceeded the vote required.
3. The shareholder approval was bythe holders of 100% of the outstanding shares of the
corporation.
4. There is only one class of shares and the number of shares outstanding entitled to vote
on the merger is 20,000.
We further declare under penalty of perjury under the laws of the State of California that the
matters set forth in this certificaak are true and correct of our nwn knawlmr
Date:
Date: �/`4
Certificate of Approval
of
Agreement of Merger
Alfred Troy Hodges and Alfred Troy Hodges certify that:
1. They are the president and the secretary, respectively, of H&H GENERAL
CONTRACTORS, INC., a California corporation.
2. The principal terms of the Agreement of Merger in the form attached were duly
approved by the board of directors and by the shareholders of the corporation by a vote that equaled or
exceeded the vote required.
3. The shareholder approval was by the holders of 100% of the outstanding shares of the
corporation.
4. There is only one class of shares and the number of shares outstanding entitled to vote
on the merger is 1,000,000
We further declare under penalty of perjury under the laws of the State of California that the
matters set forth in this certificate are true and correct of our own knowledge.
Date: J ��
Date: