HomeMy WebLinkAboutC28050 Fabriation-Installation of Retention Basin Fencing 627F-08REQUEST:
SUBMITTED BY:
APPLICANT:
DATE:
CONTENTS:
Recommendation:
WRNS DATE OE'
iTiNUED TO / ' 1
CITY OF PALM DE -E'
WORKS DEPAR
PUBLIC
STAFF REPORT
PASSE TO 2ND RE.AGIN�":;._
Award Contract No. C28050 to J M Justus Fence Company, of
Temecula, California for Fabrication and Installation of Retention
Basin Fencing (Project No. 627F-08)
Mark Greenwood, P.E., Director of Public Works
J M Justus Fence Company
31501 Corte Pacheco
Temecula, CA 92592
December 11, 2008
Vicinity Map
Contract Agreement and Bonds
Contractor's Proposal
By Minute Motion:
1. Award Contract No.C28050, in the amount of $106,080.00, to J M
Justus Fence Company, of Temecula, California for Fabrication and
Installation of Retention Basin Fencing (Project No. 627F-08);
2. Approve a 10% contingency in the amount of $10,608.00; and
3. Authorize the Mayor to execute the subject agreement.
Discussion:
As part of the drainage component of the Section 29 Infrastructure Improvements, a
retention basin was constructed to contain storm water runoff. To accommodate all the
runoff water, the basin is approximately 27 feet deep. The basin is on an undeveloped
lot located north of Dinah Shore Drive and west of Portola Avenue. Because of the
depth, as a safety measure, it is necessary to construct a fence to. prevent pedestrians
or automobiles from entering the basin.
On November 18, 2008, sealed bids for the fencing were opened and read aloud. The
following is a summary of the bids received:
J M Justus Fence Company
Lightening Fence Company
Econo Fence, Inc.
Temecula, California
Poway, California
Riverside, California
$106,080.00
$107,100.00
$108,378.00
Award Contract C28050 to J M Justus Fence Company
Page 2 of 2
December 11, 2008
Landshapes
Landmark Fence Co.
FenceCorp, Inc.
Harris Steel Fence Co.
Quality Fence Co.
Cherokee Chain Link
Crown Fence Co.
Montrose, California
Montclair, California
Riverside, California
Los Angeles, California
Paramount, California
Hemet, California
Santa Fe Springs, California
$108,798.00
$119,844.00
$135,450.00
$155,952.00
$196,800.00
$212,959.59
$259,680.00
As illustrated, J M Justus Fence Company, of Temecula, California, submitted the
lowest bid, in the amount of $106,080.00.
Fiscal Impact: Funding for this project is available in the Section 29 Project Account
469-4350-433-4001. Annual maintenance costs for the fence are negligible.
Therefore, staff recommends that City Council award Contract No. C28050 in the
amount of $106,080.00 (plus a 10% contingency) to J M Justus Fence Company for
Fabrication and Installation of Retention Basin Fencing, and Authorize the Mayor to
execute the subject agreement (Project No. 627F-08).
Approval;
Homer Croy
ACM for Dev
Carlos Ortega
City Manager
ment Services
Department Head:
Mark r enwood, P.E.
Director of Public Works
Paul Gibson
Director of Finance
G:IPubWorks\Ryan Sayler -Word Files\Staff ReportslAward Contract to J M Justus for Retention Basin Fencing 627F-08.doc
VICINITY MAP
Approximate Location of Retention Basin
35TH AVE
0
-i
m
4)
Retention Basin
Location
0
0
Page 1
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of December, 2008,
by and between City of Palm Desert, California, hereafter called "CITY" and J M Justus
Fence Company, hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. RETENTION BASIN FENCING, PROJECT NO. 627F-08, CONTRACT NO.
C28050, 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. n/a; (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 within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
Page 1
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 $1,000 dollars
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its 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.
Page 2
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.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
�Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next pageJ
Page 3
CONTRACTOR:
BY� ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY� ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: Citv 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
Page 4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to J M Justus Fence Company hereinafter designated as the
"Principal", a contract for:
RETENTION BASIN FENCING
PROJECT NO. 627F-08
CONTRACT NO. C28050
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, 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
One hundred six thousand eighty and no cents Dollars (�106,080.00), being
100% of the contract amount in lawful money of the United States of America for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be perFormed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page 1
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 , 2008.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Page 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to J M Justus Fence Company (hereinafter designated as the
"CONTRACTOR"), an agreement dated December 11, 2008 described as follows:
RETENTION BASIN FENCING, PROJECT NO. 627F-08, CONTRACT NO. C28050,
(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 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of , and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of One hundred six thousand eiqhty and no cents
Dollars ($106,080.00), said sum being not less than one hundred percent (100%) of the
total amount payable by the said Obligee under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fait
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 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 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
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.
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.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name,Address and Telephone No.of Surety)
(Name,Address and Telephone No.of agent or representative for service of process in California if different from above)
Page 6
M
� C - CONTRACTOR'S PROPOSAL
� RETENTION BASIN FENCING
PROJECT NO. 627F-08
CONTRACT NO. C28050
� TO: CITY OF PALM DESERT, "CITY"
DATE: �OVf�N'B�E2 �fl� ZObg
�
BIDDER: �jM � U�1-'U� �IC� Cor��Wn��/ "CONTRACTOR"
� The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, RETENTION E3ASIN FENCING, PROJECT
NO. 627F-08, CONTRACT NO. C28050, hereby proposes to construct the work in
� accordance with the Contract Documents, including Addenda No(s). _ 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 informatities 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.
Page C-1
�
�
�
� 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 actuai work
performed, subject to such adjustment and alterations as eisewhere provided herein.
�
� ' i'
_. ... .,. .. .
.. . . _ ._.. . . ,� ...� :.'�! ,... . .
� � Fabricate and Install LF 2,400 � �
Wrought Iron Fencing (inc. footings) �2.�� p �
2. 16' Swing Gate (finro 8' feaves each) EA 3 $ �
� �GO� 3Goo�
� $
� TOTAL BID PR10E
� Ia� 08'D °�
� 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 P�ans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $�DG, D�C��
� TOTAL AMOUNT BASE BID
IN W�R�S �N� Gf/Ub�,Q 5'/�C TNa�S�o �i
o�
� ��a 6���5 ..
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
, Page C-1:
.w q ,�
State of California By: .%�-�`
� �Q�n��f Riverside Signa re
r'�
Tlt� : `°
� Subsc 'b�ana sw�rr�ig,�o��affi� )before rr�o�NTRACTOR
this__�_____day of �v
'�'�t by:
� bY�- '��'� � �� `�� Notary Public in and for said County and State
�,. proved to me on the basis of satisfacto+'Y
ecviderx�to F, perso who appear�ed before me.
� Signature �'�--� ��
' Titlp•
�.. �; �' -
� 7 ��. OFFICIAL SEAL
KELLIE FULLE�
�. NQTAt'�Y p�g��G�qLIFORNIA� Page C-2
� COMM.NO.17665pg
�
MY COMM SEJ�(p gEpT.4,2011
_._ _ �.-�._�.____ --
� _` ------ -�-'__`---____-
�
� — �NF�RMATION REQUIRED OF BIDDER
� The bidder is re uired t
q o supply the following information. Additional sheets may be
attached if necessary.
� (�) Address � o
� � �'e�f� �hEC� �wl Frr,r�l� (.�'q �2'S�17i
� (2) Telephone No. �
(3) Type of Firm (Individual, Partnership or Corporation
) �i�RT fNE�S���
-
� (4) Corporation organized under the la
ws of the State of
� (5) Contractor's License No.�y��S� Exp. Date ���_
Contractor hereby swears under penalty of perjury that this informatio' n� rovided
and correct. P s true
( B
Signature Title: UJ
Contractor
� (6) List the names and addresses of all owners of
officers of the corporation: the firm or names and titles of all
� �i�nfiFi, �S�S �
(/�QFI� � I�tS�
� �?,�rw��.� _3��� ���� cW,�
_ Ew��r,����. . �a �'ZS�iZ
2 4 c�
(7) Number of years' experience as a Contractor in construction work
($) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
1. �, Tele hone No. of Owner
��1urJ �IcE d' �ry��CJr�c�+�u.w- �� �e s-��f
� �D� �,v� �� Gr�S 1��� s��,T�t sr,
2. ��`� Cu��H�icw Cvt�y23(,
Ga►�ssn��,�ru,u��� l�so(�►�r)
Ouc> � I�ou Wlu�2a�4,� 47�t✓E b�t�f �8►SF�
3. D � ERf �Y �l-C��onl,Gl� �7.vZ�
�1tnl GrN 1= �n/cL` £�R,s UN��n► �{Sb �qSt)
� I 2 ��� vr� 14N� G�S � ��g l�S�. y+�st. Ry3-�3c��
E �s �i2S1�
Page D-1
'
�
(9) List the names and addresses of each Subcontractor who will pertorm work in or
, about the work improvement, and indicate what portion of the work will be done
by each Subcontractor:
' Subcontractor's Name:_ N���-
�
License Number:
� Address:
�
�
Telephone:
� Work to be perFormed:
' Subcontractor's Name: _ �/�`�
�' License Number:
� Address:
' Telephone:
�
' Work to be performed:
� Subcontractor's Name: N ���
� License Number:
' Address:
�
' Telephone:
}
' Work to be performed:
' (10) List the nam of the person who inspected the site of the proposed work for your
� firm _ ,�.�,f
° (11) A financial statement or other information and references sufficiently
� comprehensive to permit an appraisal of your current financial condition may be
�
required by the City.
�
Page D-2
�
�
.�
E — NON-COLLUSION AFFIDAVIT
• To be Executed by Bidder and Submitted with Bid
�
. STATE OF CALIFORNIA)
�- ) SS
COUNTY OF RfVERSIDE)
� ��� ��uS�IIS , being first dul sworn, de oses and
� Y p
says that he/she is bw�cr=�, of�7Vvt ��sn,as �c� �,• , the
. party making the foregoing bid; that the bid is not made in the interest of, or on behalf of
� , any undiscl�sed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not
� collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
� that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
-_- indirectly, sought by agreement, communication, or conference with anyone to fix the
� bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder, or to secure any advantage against the
-� pubic body awarding the contract of anyone interested in the proposed contract; that all
� statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents
� thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
� to any corporation, partnership, company, association, organization, bid depository, or
�
to any member or agent thereof to effectuate a collusive or sham bid.
. Subscribed and sworn to, before me this��day of C7� , 20 t��� ,
�
. Subscribed and sworn io,�r affirmed)before me on �' -
this�day of fv Q���w, {.,Er,��l .
� Sign ure
�y �T�h�, ��s��s
� proved to me on the basis of safisfactory
evidence to be the persort(�)who appeared before me.
Signature _ ��., Title: I�W N�(L-
. CONTRACTOR
�
. � ' OFFICIAL SEAL
.� �`� �� - LANETTE JOHNSaN Attest By:
�' ; e NOTARY PUBLIGCALIFORNIA�
COMM.No.»q8�a4 � Notary Public in and for said County and State
� • RIVER5IDE COUNTY
• ` MY COMM.EXP.JUNE.18,2012
�
� Title:
, Page E-1
.�
BOND#M789261 �
PRII�IIUM: NIL
F — BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, J M JUSTUS FENCE CON�ANY as principal,
and S�� COMPANY OF 'TEIE PACIFIC as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$ '� (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
administrators, successors or assigns;jointly and severally, firmly by these presents.
>
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of: Mobilization, Fabrication
and Installation of Wrought Iron Fencing, Installation of a gate,
and dated NOVEt�ER 18, 2008 is accepted by the Cify of Palm Desert,
and if the above bounden principal J M JUSTUS FENCE COMPANY shall
duly enter into and execute a contract for such construction; and shalf execute and
deliver the PerFormance Bond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then a{I costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
%� TEN PERCENT OF 'TE�IR GREATEST AMOUNT BID (10% OF 'TEIEIR G.A.B.)
r
Page F-1
BUND# M7$9261
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 17TH day
of_ NOVII�ER 2008 . "
Contractor's Name: M ,1USTU NCE COMP �
Contractor's Signature:
. Title: ,(�1..�
Address: 31501 CORTE PACHECO TII�CULA CA g25g2
Tetephone: (951) 699-1563 �
Surety's Name: SURETY COMPANY OF PACIFIC
Surety's Signature:
Title: GEORGE ALFRED PEATE RNEY-IN-FACT LICENSE#OD42655
Address:6345 BALBOA BLVD. , BLDG. 2, STE. 325, INCINO, CA 91316-1517
Telephone: (818) 609-9232
Page F-2 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of LOS ANGELES
�Q�' � � ����
On before me, NOE GUERRERO, NOTARY PUBLIC
Date Here insert Name and Title of the Officer �
personally appeared GEORGE ALFRED PEATE
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the
���R��"�`�'�"�"�"�' same in his authorized capacity, and that by his signature
Conx�d�afon#►1813936 � on the instrument the person, or the entity upon behalf of
Nohry PubNc-C�Nforni' � which the person acted, executed the instrument.
tos AnqNa Counry �
Gomm. n Se 19,2012 I certify under PENALTY OF PERJURY under the laws of
the State of Ca�ifornia that the foregoing paragraph is true
and correct.
WITNESS my hand and o„f,fi�eal.
Signature --"` f
Place Notary Seal Above Signature of Nota blic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
9 .
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑Corporate Officer— Title(s) ❑ Corporate Officer — Title(s)
❑ Partner— ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
`�4ttorne in Fact � • •
y Top of thumb here ❑Attorney in Fact Top of thumb here
❑Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
SVR, � TY COI� PANY of the PACIFIC
6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517
REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289
PHONE:(818)609-9232
POWER OF ATTORNEY
NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased.
2. This Power of Attorney is void unless the seal is readable.
KNOW ALL PERSONS BY THESE PRESENTS:
That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by
Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been
amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED:That the I�resident or any Vice-President may from time to time appoint Attorneys-in-Fact to represent
and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or
Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or
her; and be it further
"RESOLVED: That the Attomeys-in-Fact may be given full power to execute for and in the name of and on behalf of
the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or
undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the
President and sealed and attested by the Secretary."
does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in-
Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS.
IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of
the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004.
SURETY COMPANY OF THE PACIFIC
�--�—�'.,�:�:,--�----
By -�
Paul R. Geissler, President
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )sS
On this 30th day of September,2004,before me,Yelena N. Antekelyan, Notary Public,personally appeared Paul R.Geissler,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of LOS ANGELES
On ��� � `� 2�n(� before me, NOE GUERRERO, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer '
personally appeared KATHLEEN KELLEY GOODWIN
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her
NOE GUERRERO signature on the instrument the person, or the entity upon
Conunnission#�18139� behalf of which the person acted, executed the instrument.
^ � Notuy PuWk-Ca1�an��
lua Anpela CouMy -
M Comm.E fra Se 19,20i2 � 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 --'� ,,v�_
Place Notary Seal Above Signature of Notary Public
OPT/ONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _���OW�R, QE,.A'TTpRNEy BpND# M789261
�.' ,�`
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
�Corporate Officer — Title(s) ❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑Attorney in Fact � .� ❑Attorne in Fact ' •'.
Top of thumb here y Top of thumb here
❑Trustee ❑Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
SI1R, � TY CO �IPANY of the PACIFIC
6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517
REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289
PHONE:(818)609-9232
'i�q�.7�� �� � �����`:
To: PUBLIC ENTITY
(GOVERNMENT AGENCY, MiJNICIPALITY,
SCHOOL DISTRICT, OTHER)
Surety Company of the Pacific (SCP) has been an admitted surety in the State of California
since February, 1969. The Certificate of Authority issued by the California Department of
Insurance (CDI) granting SCP authority to transact surety business within the state is in full
force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or
suspended and we are proud of our uninterru t�ed service to California's contractors.
You can easily verify the current status of our Certificate of Authority by contacting the
California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at
www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading
"Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company
Profiles" option and then enter our company name: Surety Company of the Pacific.
CSUR7-7/03