HomeMy WebLinkAboutC28050 - JM Justus Fence Co. - F&I of Rentention Basin Fncg - Mtg of 01/08/09 CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: 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)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: J M Justus Fence Company
31501 Corte Pacheco
Temecula, CA 92592
DATE: January 8, 2009
CONTENTS: Vicinity Map
Contract Agreement and Bonds
Contractor's Proposal
Lightning Fence Company's Bid and Correspondence
Recommendation:
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.
Public Works advertised the project in the local newspaper in accordance with the
bidding procedures, and notified the local chapter of the Building Industry Association to
encourage local contractors to bid. On November 18, 2008, sealed bids for the fencing
were opened and read aloud. The following is a summary of the bids received:
Staff Report
Award Contract C28050 to J M Justus Fence Company
Page2of2
January 8, 2009
Lightning Fence Company Poway, California $105,800.00
J M Justus Fence Company Temecula, California $106,080.00
Econo Fence, Inc. Riverside, California $108,378.00
Landshapes Montrose, California $108,798.00
Landmark Fence Co. Montclair, California $119,844.00
FenceCorp, Inc. Riverside, California $135,450.00
Harris Steel Fence Co. Los Angeles, California $155,952.00
Quality Fence Co. Paramount, California $196,800.00
Cherokee Chain Link Hemet, California $212,959.59
Crown Fence Co. Santa Fe Springs, California $259,680.00
Upon review of the bids, it was discovered that there was an error in the calculation of
the apparent low bid. The unit price for an item, when multiplied by the quantity, did not
match the total for the line item. The specifications state that when there is a
discrepancy in the calculation, the item price multiplied by the quantity is the figure that
shall be used to calculate the total bid. When the bid was recalculated in accordance
with the specifications, the apparent low bidder's bid became $107,100.00. Due to the
error in Lightning Fence Company's bid, J M Justus Fence Company is the lowest
responsive bidder. Lightning Fence Company has submitted a letter requesting that the
City honor the bid amount as submitted, but the City Attorney and staff recommend
awarding the contract to J M Justus Fence Company.
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).
Pr p ed Depa Head:
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Ry Gayl Mark Gre nwood, P.E.
Pr �ect Ad inistra� Director of Public Works
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Appr �ral:
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Homer Croy ,,�' Pau Gibson
ACM for Dev opment Services Director of Finance
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CONTRACT N0. C28050
AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of Janua , 2009, 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
CONTRACT N0. C28050
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 $1,000.00
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
CONTRACT NO. C28050
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.
CONTRACTOR:
gy: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
gy: ATTEST BY:
Signature to be notarized
Robert A. Spiegel
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
Page 3
CONTRACT N0. C28050
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 eiqhtv 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
CONTRACT N0. C28050
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 , 2009.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Page 2
CONTRACT N0. C28050
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 January 8, 2009 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 fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 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.
CONTRACT NO. C28050
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 befinreen 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
� , . •
� C — CONTRACT4R'S PROPOSAL
� RETENTION BASIN FENCING
PROJECT NO. 627�-08
CONTRACT NO. C28050
' TO: C�TY OF PALM DESERT, "CITY"
DATE: NOVf_rV1'$�B. �a , 2DA�
� BIDDER: IM orr��i�ru� "CONTRACTOR"
� ���Ti�i��nl� / .
' The UNDERSfGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the canstruction of, RETENTION �ASIN FENCING, PROJECT
� NQ. 627F-08, CONTRACT NO. C28050, hereby proposes to canstruct #he work in
accordance with the Contract Documents, inciuding Addenda No(s). _ for the amount
stated in this Proposal.
� By submitting this Proposal, CONTRACTOR agrees with CITY:
. 1. Tha# unless withdrawn in person by CONTRACTOR or some �erson authorized
� in writing by CONTRACTOR -- not by telephone or telegram — before the tirne
specified in the Nofice Invi#ing Bids for the public opening of bids, this Proposa!
constitutes an irrevocable offer for 6� calendar days after that date.
� 2. The CITY has the right to reject any or all Proposals and� ta waive any
irregularities ar informalities cantained 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 alI contract documents, bonds, ir�surance documentation, ant! the
CITY shall obtain all necessary signatures of the governing bady, at which time
the contract shall be deemed awarded.
� 4. To submit ta CITY such informataon as CITY may require to determine the
Bidder's financial standing experience and to pertorm fihe work.
� 5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the cantract. CON1"RACTOR will execute, the
� Agreement and deliver#he required bonds and certificates af 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 (imited to publication costs, the difference in
money betwesn the amount bid a�d the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and ren#al costs,
� additional salaries and overhead, increased interest and costs of funding the
project, attomey expense, additional engineering and architectural expense and
cost of maintaining or cons#ruckion altemate facitities occasioned by the faiiure to
� axecute and deliv�r said documents.
Page C-1 �
' ..
� �
'
� It is understood that the quantities shown herean, exEept far those quantities marked
°Lump Sum", are estimates and #he final payment witl.be based upon the actual work
performed, subject to such adjustment and altera#ions as elsewhere provided herein.
�
� � �rra �'$�n0s w„�,*�� : ¢ �ure � ° °�' X `� ��A � �,�.€ ��"^a�re d� � `�,` .. ��*' a�,�,°,
{ Ik�'vey�e .�.��-�N� � .,� "12�, �5�'�§3,;. ���`e d .�a.r g ..6�'� °�',�� ;"�4�a �� �"�` �^+���s^,
�h�i f _ a �''7'� . ��'e %#"4a� ��€Y. :a ,2`e,u'�° 'k �a ri.- �� ` �'aa .�`�k' aro� d'�-�``� ����4�'X�����;��a s p1��fi%��
� •J �� '� �
� _ � � � >. a � .� �� ,� �� � � �� W �a' t �
i :,r'�{',.,� `,�'�: ,,.iaro�`°� � .���w., '. .� �. �� ��.� ���, �9+� � g y a���� ,��.y3 f r �
f .
._' .. x .�� , . .,,,, . __ _ � - _,�� � � b�� .3...i;^.� ,�a�v.,..,. . 'h."�., ��°� „ ^ �"s�, `�'� ,"�-
: �. . ,, .. . ..... . ,.:'.:
� ._.� :.,.r:" ..
� � Fabricate and Instail �.� 2,400 � �
Wrought lron Fencing (inc. footings) �2.�� p �
2. 16' Swing Ga#e {two 8' leaves each} EA 3 $ �� $3 G��
� $ $
� TOTAL BlD PRICE
� I Cl� O8'D °•�
� The costs of any work shown or required in the Pians and Specifications, but not
specifically ide�tified as a Pay ltem are included in the refated Pay item(s), and no
additiona! compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
� compfiance with the Plans and Specificatians. �
TOTAL AMOUNT BASE BID IN FIGURES $ I DG� D�t��
� TOTAL AMOUNT BASE BID IN WORDS DNE GtN4?� SI�C Tf�S�O �i
�u��o I�OL��S
� �
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
� Page C•1: �
S#ate of California By:
� Cou�ty of Riverside Signa re
Titl :
S� ana sworr��p,1 ar aftirm� dj before m� NTRACTOR
this�daY of�I��v_��c ,
` 't �y:
� by�l��n lY}.���S Notary Pub(ic in and for said County and State
- p►eved to me on the basis of sabsfa�ctay
evidence to perso wrf�o appeared betore me.
� Sig�at�re � —�•
•�,�itl�
� �•
�,.�., OFFfCIAL S�AL
� KELUE FULL.�R
a��rA��t���.��c����u� Page G2 *
� (:OMM.N0.1766608 --
MY COMM sq�p SEPT.9�,2pt 1
t � -- _
t �
D — INF4RMATION REQUIRED OF BIDDER
� The bidder is required to supply the followin informat'
g ►on. Additional sheets may be
at�ached if necessary.
� (1) Address t o c,� E �
Cu �' 'S 7i
� (2) Telephone No. (Q�J� („�q-�5��
(3} Type of Firrn (lndivid�al, Partnership or Corporation} ��grNEKs��P �
� (4} Carporation organized under#he laws of the State of
� (5) Con#ractar's License No. ��f�BS�, Exp. Date ���/��,
Contractor hereby swears under penalty of perjury that this informa�ion� provided is true
and correct.
�
B ' Title:_ �WKE�
Signature Contractor
(6} �isfi the names and addresses of alI owners of the firm or names and titles of ai!
oificers of the c:orporation: �
��r(�F'�' "`"Srl� (/�Q fc �1 LASlUS
�I39,�#I �r ,.E ,Y�,�rr-��.� � 3�s�� '���.o� cW,�
� illLr� s���� C�y�. —
(7) Number of years' experience as a Contractor in construction work
(8) List at least three similar projects completed recer�tfy:
Contract Amount Class of Work Date Cornpleted Name, Address &
Tele hone No, of Owner
1. �'�a.l �10E�' �ry bf C�Ylc�Fewh- '1�3q4�
��i Gr�S f��� sr,�rEf sr, �
� 0, �,o� �J Cv►qe H�ccw Gv� Z23t,
2. G(G�SSwWcrr�'UN�unl �}SO((�{c�}
� ��oo �uRapy��t�/E L'{�—B�S�
Oov � � E T � �LC�,jonl�Cit Rw�o
' +��� Ltn� I'�1cL �Pws Urr��s k�Sn l4s(
� 2 0� � l4N+� ErttFs � l�s�. �(��sr. Q�t3--�►3��
�''Og F �s �2S�a
�
Page D-1
�
�
(9) Lisfi the names and addresses of each Suboontractor who will perform work in or
about the work improvemenf, and indicate what portion of the work wil! be done
by each Subcantractor:
Subcontractor's Name: �J Iq-
�
License Number:
� Address:
�
Telephone:
� Work to be pertormed:
�
t Subcontractor's Name:_ 1�!�Y�
R
Lic�nse Number:
� Address:
�
� Telephone:
.
� Worlc to be performed:
� Subcontractor's Name: N �t�
� License Number:
r
� Address:
ITelephone:
� Work to be pertormed:
�
(70) List the nam of the persan wha inspected the site of the proposed work for your
fi rm _ _ bH I�ISTU.S
(11) A financial statement or otfier infarmativn and referer�ces sufficiently
comprehensive to permif an appraisal of your current fnancial condition may be
required by th� City.
�
Page D-2
� .
�
E — N�N-C4LLUSION AFFIDAVIT
� To be Executed by Bidder and Submitted with Bid
� STATE OF CALIFORNIA)
) SS
COUNTY OF RiVERSIDE}
� �('k{� ",1 uTTGts , being first duly sworn, deposes and
says tha# he/she is �w���, of�'j�j�v�. , {a�,ns,L�tc� Ca• , the
� party making the foregoing bid; that the bid is not made in the interest of, or on behalf of
, any undisclosed person, partnership,
company, associa#ion, organization, ar corporation; that the bid is genuine and not
� colfusive or sham; that the bidder has not directly or indirec�y induced or solici#ed any
other bidder to put in a false or sham bid, and �as not directFy or indirectly colluded,
conspired, connived, or agreec! with any bidder or anyone eise to put in a sham bid, ar
� that anyone shall refrain from bidding; that#he 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 fx any overhead, profit, or cost e(emen#
� 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 a!I
statements con#ained in the bid are#nae; and, further, that the bidder has not, directEy or
� �indirectly, submitted his or her bid price or any breakdown thereof,�or #he contents
th�reof, or divulged information or data relative thereto, or paid, and will not pay, any fes
to any corporation, partn�rship, company, association, organization, bid depository, or
� to any member or agen#thereof to effectuate a collusive or sham bid.
� Subscribed and sworn to, before me this�j}�day af� , 20 O� ,
�
Subscribed and sworn to( r af�irrr�ed)before me on
� th�s,��_day of o V� er�. �
�-�,��5 Sign ure
� ����
� proved to me on the basis of satisfactary
e�►irlence to be the i�ersa�)who a�#�eared before me.
� Title: ���L
� � CONTRACT4R
, �. " �OFFICIAL SEAL
._,►, � LANETTE JOHNSflN Attest By:
�;�,m h1t�T�iRY PU�B�I�CAUfORNIA
�M�.�,���� � � Notary Public in and for said County and State
RrvE��cour�nr
MY COFAM.£XP.JUN�.18,2012
�w....r.w�
, Title:
�
�
� Page E-1
BOND#M789261
PRII�IiUM: NIL �
F - BIDDER'S B�ND
To Accompany Proposal
KN�W ALL MEN,BY THESE PRESENTS,
. That we, � M ,�t�7S'I'US FINC� C�� as principal,
and SURETY COMPANY OF THE PACIFIC as surety, are held and
frmly bound unta the City of Palm Desert in the sum of$ * (1a% of bid}
to be paic! to the said City or its certain attorney, i�s successors and assigns; far which
paymenfi, well and truly to be made, we bind ourse(ves, our heirs, executars and
administrators, successors or assigns;Joint{y and severally, firmiy by these presents.
THE C�NDIT[ON OF THIS OBLIGATf�N ES SUCH, that if the certain proposa! of the
above bounden pr�ncipal to �erform certain work descr�bed as fo[Iows: �
The general items of work to be done hereunder consist of: Mobilization, Fabrication
and Installafion of Wrought Iron Fencing, lnstallation of a gate� �
and dated NO �8 � is ac�epted by the City of Palm Desert,
and if the above bounden principal, ,7 M .Ns`Tvs �INCE cx�A�lY shall
duly enter into and execute a confract for such construction; and shall execufe and
deliver the Performance Ba�d and Payrnent Bond and�insurance certifcates as required
by�said cantract, then this ob{igation shall become nulf and void; otherwise it shall ba
and remain in full force and effect
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to en#arce the terms and canditions of this bond, then all costs of said
proceeding, including attorney's fiees, shal�l be awarded ta the prevailing party.
. � TIN PIItCEI�Tr OF Tf�IR GRFATEST AMOUNT BID (1�% OF TI�IR G.A.B.)
«
� Page F-1
BOND# M189261 �
!N WITNESS WHEREO�� We hereunto set our Hands and Seals this 17TH day
of_ NOVII�ER 2008 . . � .
Contractor's Name: M JUSTU CE GOMP �
Contractor's Signature.
, Title: .��.-r �
Address: 31541 CORTE PAC�GO, TEMECULA, CA 92592 ,
Telephone: (951) 699-1563 �
Surety's Name: SIJRE�TY COMPANY OF PACTFIC
Surety's Signature:
Title: GEORGE ALFRED PFATE TTO�RNEY-IN-�'ACT LIC�TSE#OD42655
Address:6345 BALBOA BLVD., BLDG. 2, STE. 325, ENCI[�0, CA 91316-1517
Telephone: ($18) 609-9232
. .
� Page F-2 .
� CALIF4RNIA ALL-PURPOSE ACKNOWLEDGEMENT
c..^,;�=�����'.xc��-����� , � � ;�.�z,':..��-�c�� . :�: � : . .. , : - ,��
State of Califiornia
County of LOS A13GELES
NOV 17 2008
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
�- same in his authorized capac'rry, and that by his signature
MOE Gi1ERAERd.
��������� on the instrument the person,or the entity upon behalf af
�p�y p�.��� � which the person acted, executed the instrument.
la An�N�s Cow� �
� $� �4,��x I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and o#fiEia4seaL
��''
��""��'�f..�''�
Signature,� ..� �� -:'� --:A��--�..
Place Notary Seal Above '"'�'� �'�r' Signeture of Notery�P�hlic
OPT/ONAL � � �. .�'`f J�
Though the information below is not required by faw,it may prove valuable to persons relying on the document
and could prevent fraudulent removaJ and reaftachment of this form to another document.
Description of Attached Document
Title or Type o#Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies}Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Individuai ❑ Individual
0 Corporate Officer—Ti#le(sj ❑ Corporate OfFicer —Title(s)
0 Partner-- ❑Limited�General ❑ Partner— ❑ Limited Cl General
�,(attorney in Fact Top o t umb here ❑Attorney in Fact Top of thumb here
CJ Trustee ❑Trustee
O Guardian or Canservator ❑ Guardian or Conservator
❑Other: � Other:
Signer Is Representing: 5igner Is Representing:
�''f:5?;"��v`�'rN'i�s,`5��.,�;^�"^-,;`7'.'G�"�':`�¢'".w"�:�fi:��J`�!`..E�`�"u�_',s:�={:C:{.�"-4.`>°;`-w�"�..�• ."�.'?t�`i�ti�"'w-�$:�r- . . _m�i
�
, S
VR, � TY CO �IP � NY o � the PAC � FIC
6345 BALBOA BOULEVARD,BUILDING 2,SUETE 325,ENCINO,CALiFORNIA 91356-1517
REPLY T�:POST QFFICE 80X 10289,VAN NUYS,CALIFORNIA 91410-0289
� PHONE:(818)809-9232
POWER OF ATTORNEY
NOTIC�: 1. This Power of Attomey is void if altered or if any portion is erased.
2. This Power of Attoraey is void untess 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 Directocs at a meeting called and held on the 23rd day of January, 1969,which said Resolution has not been
ainended or rescinded and of which the following is a tnie, full and complete copy:
"RFSOLVED:That the�cesident or any Vice-President may from time to iime appoint Attorneys-in-Pact to represent
and act for and on behalf of tt�e Company, and either the President or any Vice-President,the Board of Directors or
Execudve Committee may at any time remove such Attorneys-ini-F'act and zevoke the Power of Attomey given him or
her; and be it furthcr
"RESOLVED: T'hat the Attorneys-ia-Fact may be given full power to execate foz and'sn the name of and on behalf of
the Cou�pany any and alI bonds ancf undertalcings as tiie 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 atiested by the Secretary."
does hereby nominate,constitute and appoint GEORGE ALk'RED PEATE,of ENCINO,Califorai.a,its true anci lawfvl Attorney-in-
Pact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONAS AND UNDERTAKINGS.
TN WITNESS WHEREOF Paul R. Geissler,said President has hereunto subscribed lus name and af�ixed the corporate seal of
the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004.
SURETY COMPANY OP THE PACIFIC
"'�.�+c'� ��
�
By ,
Paui R. Geissler, President
STATE OF CALIFORNIA )
COUNTY OF T.OS ANGELES)ss
On this 30th day of Septamber,2W4,before me,Yelena N.Antekelyan,Notary Public,personally appeared Paul R.Geisster,
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
��:�-�:-��t:���:�,� .:. �...: � ,.. . �•.����:���-�.���
State of California
County of LOS ANGELES
On �0V 1 7 2��$ before me, NOE GUERRERO, NOTARY PUBLIC ,
Date Here Insert Name and Title of the Officer
personally appeared KATHLEEN KELLEY GOODWIN
Name(s)of 5igner(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 capaciry, and that by her
N0�GUERl4ERQ signature on the instrument the person,or the entity upon
Conwiti9�ion�►isi89� behalf of which the person acted,executed the instrument.
Notary Publk-C�IBocnia
Lat Ang�fa Counly I certify under PENALTY OF PERJURY under the laws of
M Com�. 8 1! l0�2
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official.seal�,
,�.�--,�
Signature - '�"-�'`� -� ,�',°nN�-�:
Place Notmry Seal Above ,,�""� Signature of Notary Public
opr►oNa� ��� �,
Though ihe information below is not required by Iaw,rt may prove valua6le to persons relying on the documeni
and could prevent fraudulenf r�moval and reattachmenf of this form to another documertt.
Description of Attached Document
Title or Type of Document: TT'ORNEY BO M789261
Document Date: Number af Pages:
Signer(s) Other Than Named Above:
Capacity(Ees)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
❑Attorne in Fact ' . ❑Attorne In Fact �
y Top of thumb here y op of thumb here
❑Trustee O Trusiee
❑Guardian or Conservator �Guardian or Conservator
❑�ther: ❑Other:
Signer Is Representing: Signer Is Representing:
�:���'�?;:��:��;��.-'�*��`.°�:.'�`..�-�:�"�.�'�,�."�`�.^�.�_.'�,��.�,�.v?�.�, . . ,: - } � -. a_, �
� � � y SIIR � TY C4 � PANY of the PACIFI �
6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CAUFORNfA 91316-1517
� REPLY T�:POS7 OFFICE BOX 90289,VAN NUYS,CALIFORNfA 91410-0289
. PHONE:(818)6U9-9232
N�V � ! Z�o�
To: PUBLIC ENTITY
(GOVERNMENT AGENCY, MUNICIP.ALITY,
SCHO�L DISTRICT, 01'��R)
Surety Company o?f 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 Authoriry has never been surrendered, revoked, cancelled, annulled or
suspended and we are proud of our unintexxupted service to California's contractors.
You can easily verify the current status of our Certificate of Autharity by contacting the
California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at
www.insurance.ca.�o_v. Tf you are visiting the Web site go to the section with the heading
"Insurers," look for the "Regulatory Activxty" column heading, select "Insurance Company
Profiles" aption and then enter our company name: Surety Company of the Pacific.
C5UR7-7/03
C - CONTRACTOR'S PROPOSAL
RETENTION BASIN FENCING
PROJECT N�. 627F-08
CONTRACT NO. C28050
T0: CITY OF PALM DESERT, "CITY"
DATE: ��' ����',�
BIDDER: � � j1'i h�W� F�c°.,�--' � "CONTRACTOR°
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, RETENT{ON BASIN 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 reje�t 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 consiitutes 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, {ease 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 Sun�", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
;
� Fabricate and Install LF 2,400 � .,�-- �
Wrought Iron Fencing (inc. footings) `"�.,,� � � ��,;� y�
2. 16' Swing Gate (two 8' leaves each) EA 3 $ , , $ '
��- 3,�Cx�
� $
TOTAL BID PRICE � ..,;. ` � 1D71�v
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 $ .✓�'� :�"�'���
TOTAL AMOUNT BASE BID IN WORDS ),� ���' - t �J
fi?l 1 -�'L +'4 ...d--/ .��,, / '"L!./��.:�a•YP�
9
-- �, 1 c��'�� �,f't„�:�(1'"�J��C�C�,� "'�'"'"�2�-'��'t �.r'tL':�-'„Cr`�.�
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1 :
By: �
Signature
Title: ��� ��v'4'""
CONTRACTOR
Attest by:
Notary Public in and for said County and State
Title:
LIGHTNING� FENCE CO . , INC .
Proudly serving Southern California since 1985
15540 El Camino Entrada License#757458
Poway,CA 92064 Fax (858)679-6523
Phone(858)679-6524
The City of Palm Desert
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
December 4,2008
Attn: Ryan Gayler
Re: Basin Rought-Iron Fence Installation
This letter is in regards to the possibility of the Ciry of Palm Desert to award the Rought-Iron Fence Installation
project to the second lowest bidder.
Lightning Fence Co.,Inc. was made aware of the City's possible decision to award the above-listed project to the
second lowest bidder due to a misprint and confusion on one of LFC's line item bid quantities in relation to the
total bid amount, and after the City added another item and amount according to the unit cost listed,the change
also recalculated the total bid amount to a higher number.
LFC is writing to clarif}�that the item listing the number of gates was a mistake,and that the number of gates on
that line item must be changed as well as the unit cost being lowered,but the total amount for that line item as
well as the bottom-line amount for the total bid do not change. Therefore,regardless of the altered unit price
once the quanriry is corrected,the total bid price does not increase,resulting in a zero(0)added cost for the City.
As discussed on the phone today with Mr. Gayler,LFC feels that it would have been fair if the City had
discussed the issue with LFC instead of assuming that the misprint calculated into a higher bid cost. That is not
the case,and LFC wishes to fully extend its appology for the misprint and any confusion it may have caused the
City,but is still ready and able to complete the specified wark for the bid amount originally submitted.
LFC is a small fence company specializing solely in public works projects for the past nineteen years. We have
experience in all types of fencing and on jobs of all sizes,the projects themselves ranging from $100,000 to over �
one-million each. We have worked with many of the cities throughout southern California, and we feel that our
track record and experience with similar clients should prove that the mistake was an honest one,and we hope
that you will reconsider awarding the bid to any bidder other than LFC.
Any questions,please contact us at your earliest convenience.
Sincerely,
Dan Flud
President
Lightning Fence Co.,Inc.
dan(a�li�hCnin�fenceinc.co�n
VICINITY MAP
Approximate Location of Retention Basin
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Retention Basin o
Location o `�
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Page 1