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Home My WebLink AboutC28810 - Wayfinding Sign Prjct (526-09) CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C28810 to Zumar Industries, Inc., for Wayfinding Sign Project (Project 526-09) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Zumar Industries, Inc. 9719 Santa Fe Springs Rd. Santa Fe Springs, CA 90670 DATE: May 21, 2009 CONTENTS: Contractor's Proposal Agreement Vicinity Map Recommendation: By Minute Motion: 1. Reject bid from Censource, Inc., as non-responsive; 2. Award Contract No. C28810 for Wayfinding Sign Project to Zumar Industries, Inc., of Santa Fe Springs, California, in the amount of $53,834.00. 3. Appropriate $53,834.00 from unobligated funds in the New Construction Tax Fund 231; 4. Appropriate an additional $5,383.40 as a 10 percent contingency; and 5. Authorize the Mayor to execute said Agreement. The project requires appropriation of $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231. Background and Discussion: On May 13, 2008, City Council approved the "Wayfinding Program" and appropriated $100,000.00, with a $10,000.00 contingency, from the FY '07-'08 General Fund to fabricate the signs. After further evaluation by the Wayfinding Sign committee, a revised sign design was brought before City Council and was approved on November 20, 2008. On May 1, 2009, the City Clerk advertised and called for bids for the Wayfinding Sign Project. Bids were opened and read aloud on Tuesday, May 12, 2009, at 2:00 p.m. with the following results: Staff Report Award C28810 Wayfinding Sign Project 526-09 Page 2 of 2 May 21, 2009 ��r��t}��ilili'illi4liliViiuiu `i:° � 'i 1� �`�'_�'�"'�"� / --:.�wR�,�txiN�DtUd�N��n ��_� i ,Y`��a�,..i,i4^..` Zumar Industries, Inc. Santa Fe Springs, CA $ 53,834.00 LNI Custom Mfg., Inc Hawthorne, CA $ 60,959.15 Bravo Sign and Design Anaheim, CA $ 88,285.00 Fluoresco Lighting & Sales Oakland, CA $ 110,247.16 Brandt Group Inc Newport Beach, CA $ 112,000.00 Motivational Systems Inc Riverside, CA $ 136,548.80 Sign Industries Ontario, CA $ 141,148.00 Architectural Design & Signs Corona, CA $ 244,016.00 Censource, Inc. Orange, CA $ 41,136.00 non-res onsive Staff reviewed the bid proposal of the apparent lowest bidder, Censource, Inc., and found that their bid documents did not meet the contract criteria by not acknowledging Addenda Numbers 2 and 3. The next lowest bidder is Zumar Industries, Inc., of Santa Fe Springs, California. Therefore, staff recommends that, by Minute Motion, City Council reject the bid from Censource, Inc., as non-responsive, award Contract No. C28810 for the Wayfinding Sign Project to Zumar Industries, Inc., of Santa Fe Springs, California, in the amount of $53,834.00; approve an additional $5,383.40 as a 10 percent contingency; appropriate $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231; and authorize the Mayor to execute said Agreement. Fiscal Impact: Zumar Industries, Inc., bid of $53,834.00 represents a 46.2% savings ($46,166.00) over the $100,000.00 originally appropriated for the project in May 2008. The project requires appropriation of $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231. Installation of the signs by City crews is estimated at an a ditional $30,000.00. Prepared y. Departme t e : , �2 �-- Mark S. Dier es, P.E. Mark Greenwood, P.E. Transportation Engineer Director of Public Works � � ApprovaL F, � AO � � ' G. , � '� � � omer Croy Paul S. Gibson � ACM for Develo men Services Finance Director � � s d a � � = AA A?Q � .. � e Joh . Wo Imu h � F� � , . � W c C i t a n a g e r V O � �" Q w �' }� f�; W W r/� � f s 7 E� ►-+ � �" �" VW W ,�+ O � � W s U � A4 � dz � d > C CONTRACTOR's Proposal WAYFINDING SIGN PROJECT Project No. 526-09 Contract No. C28810 TO: CITY OF PALM D SERT, "Owner" DATE: � � � Z BIDDER: ZV�l S��a�-��.� ;,Lt/l.Ly "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, WAYFINDING SIGN PROJECT, Project No. 526-09, Contract No. C28810 hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s),I� for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with Owner: 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 Owner 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 OWNER. Said contract shall only be deemed awarded after the Contractor's complete submission of all contract documents, bonds, insurance documentation, and the OWNER shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to Owner such information as Owner 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 Owner, 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 Owner 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 (LS)", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. • � � (� � • � � BASE PRICE BID: � Design, fabricate and deliver Wayfinding LS 1 LS $.�'�3 �� signs, sign posts and anchors as described � herein and as detailed in the A endix. TOTAL BASE BID PRICE $�3 ��{ 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 $ ��r ��`3 �- � TOTAL AMOUNT BASE BID IN WORDS�`��--X `��E- `��-�5�✓�� C��.q��' �1�1�r�c/\ �-F-�n�( �-�c �!�t�J i�f' � .Ze f0 c.r�'��l'�S. • � - - • � � • • � OPTIONAL BID: 2 Install Wayfinding signs and posts including LS 1 LS $ providing materials, traffic control and ��/�� miscellaneous work as necessa . TOTAL OPTIONAL BID PRICE � pop 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 OPTIONAL BID IN FIGURES $ �1� �� o�' TOTAL AMOUNT OPTIONAL BID IN WORDSC%�,��+-�c (�V�G -�C:t�Su�G( � 2-e rrp G�t'nt� , Page C-2 ACKNOWLEDGMENT State of California County of Los Angeles � On �� Zi !�� 1 before me, Sheree Haskins, Notary Public (insert name and title of the officer) personally appeared ��ur U �U1'ne.Z. who proved to me on the basis of satisfactory evidence to be the person�whose namef�j is/afea subscribed to the within instrument and acknowledged to me that he/sNef#�ey executed the same in his�authorized capacity,�'� and that by his�"��signature(}�'f on the instrument the personf�, or the entity upon behalf of which the persons,�;(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 m hand and official seal. +�� Y No1ary w�`� bo�Irp�� , MNO. Signature � (Seal) �-etc,G,vneu�F � �r1��.ci.c�r'� �r��Sa-�. l�csy.�t'►�,d i r�cj �, +��t�21eE�- d . �1�� 1 t��, IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: Signatur Title: ��i t.� �r�'Sf rr�J?� CONTRACTOR Attest by: �e'� f��-h 1M�,1/1�- "'-- Notary Public in and for said County and State Title: Page C-3 Information Required of Bidder The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address �� eU,,�� Ci S�rC� �?� :�� G1��'� (2) Telephone No. �Z— `�� 3� (3) Type of Firm (Individual, Partnership or Corporation)�r(��t.-�"f� (4) Corporation organized under the laws of the State of �i��rn '� (5) Contractor 's License No.7J� �d�� Exp. Date �`3� '�� Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: �i�2. PC�S�c�lar�" Signature CONTRACTOR (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �e-�r l�c.l:.� �`�+GI S�n f� �'e �r�� W�� !-e i` << (7) Number of years' experience as a Contractor in construction work �D (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address 8� Tele hone No. of Owner 1.�I Z�� aaD S��Hu`� I�Jf�V� 7�>v� �'Wr�.R-Jac.�r�l- '-�5"v��1 lf� �- �,�G (Z i�..t��, ►�'v� r3 ir'Y�,✓t �-ol�flu 2�' GaU� UC�GV 5��1r��`c� � e+� ✓�.- �`j cS- ��S— �4� 3. Page D-1 Reference Listing �^��a , • �vreorwENrn�.awwHics orv�aw Company Name: Maricopa County Address: 2222 South 27th Ave., Pheonix, AZ Reference: John Armstrong Telephone Number: 602-506-8640 Company Name: City of San Diego Address: 2781 Caminito Chulas, San Diego, CA Reference: Roger Blakey Telephone Number: 619-527-7528 Company Name: County of Los Angeles Address: P.O. Box 7508,Alhambra, CA Reference: Mary Villanueva Telephone Number: 626-458-1710 Company Name: City of Long Beach Address: 333 W. Ocean Blvd., Long Beach, CA Reference: Mike Sickles Telephone Number: 562-570-3264 Company Name: City of Pasadena Address: 1000 N. Garfield Ave. RM 328, Pasadena, CA Reference: Bil) Gomez Telephone Number: 626-744-4296 Company Name: City of Monterey Park Address: 751 South Alhambra Ave., Monterey Park, CA Reference: Jerry Walker Telephone Number: 626-307-1346 Company Name: City of Newport Beach Address: 592 Superior Ave., Newport Beach, CA Reference: Charles Coakley Telephone Number: 949-644-3068 Company Name: City of San Clemente Address: 390 Avenida Pico, San Clemente, CA Reference: Craig Hunn Telephone Number: 949-279-9748 Company Name: City of Huntington Beach Address: 17371 Gothard, Huntington Beach, CA Reference: Randy Brown Telephone Number: 714-536-5428 Company Name: Cochise County Address: 1229 W. Hereford Road, Bisbee,AZ Reference: Tommy O'malley Telephone Number: 520-432-9355 Company Name: Navajo County Address: 110 East Carter, Holbrook,AZ Reference: Don Ohman Telephone Number: 928-524-4100 Company Name: City of Laguna Hills Address: 24035 EI Toro Road, Laguna Hills, CA Reference: Humza Javid Telephone Number: (949)707-2657 Company Name: Hunt Design Address: 25 North Mentor Ave, Pasadena, CA Reference: Dinnis Lee Telephone Number: (626)793-7847 Company Name: Romero Thorsen Design Address: 1524 Cloverfield Blvd. Santa Monica, CA Reference: Marc Romero Telephone Number: 310-315-3577 (9) List the names and addresses of each Sub-contractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Sub-contractor: r Sub-contractor 's Name: License Number: Address: Telephone: Work to be performed: Sub-contractor 's Name: License Number: Address: Telephone: Work to be performed: Sub-contractor 's me: License Number: Address: Teleph ne: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm R��I-A-�� CGw+��Z- (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 Owner. Page D-2 � � State of California County of Los Angeles Subscribed and sworn to (or affirmed),before me on this ��'r�`- day of 1`�UU , 20�, by iZ 1 ChU,rY� �70 yY1,�,Z. , proved to me on the basis of satisfactory evidence to be the personj� who appeared before me. � �� comn�o„r tee�e47 No�cin hpic•CaNlon�la lo:Mp�IM Cou�Ml► My Comm.ExPMw�p J0.�Ol ( ignature ��1�-� �c.hme�---+� Nov, (�o�lus��n �duv�+ c�c.�,-�-c:d�. 51 i?lo�t ---� 1 Paqe.. Non-Collusion Affidavit To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA) 1�5 f�h�eI� SS COUNTY OF ) ��G'ca-A-�'� l'�`�'l�Z , being first duly sworn, deposes and says that he/she is�f►c,e �Pc'es i�a� of Zc�1n�r,�cr �-,(��r�es , �� , the party making the foregoing bid; that the bid is not made in the interes�r on behalf of , any undisclosed 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 1 , 20�_, By: Signature Title: � /' r'r.� ��-P S i r�v��- CONTRACTOR Attest By: �� F'}��me'�'L-�"' - Notary Public in and for said County and State Title: Page E-1 9 • BIDDER'S BOND To p►ccompany Praposal KNOW ALL MEN BY THESE PRESENTS, That we, Zumar Industries, zn�. as principal, afld North 1�merican specialty znsurance Company �S SUfefy, SI'e hefd and firmly bound unto thE City of Pa1m Desert in the sum of$ Ten Percent* �10% of bid) to be paid to the said Owner or its certain at�omey, its successors and assigns; for which payment, wefl and tnrly ta be made, we bind oursalves, our heirs, executars and administrafors, successors or assigns, join#ly and severally, #irmly by these presen#s. * (10°s) of Total Amount Bid THE CONDITION OF THIS OBLfGAT(ON {S SUCH, that if the cettain proposal of the above bounden p�ncipal to perform cer�ain work descrlbed as follows: Wayfinding Sign Project, Project No. 526-09, Contract No. C28810 The general items of work to be done hereunder consist af: design, fabricate and deliver Wa�nding slgns, sign posts and anchors as described herein and as detailed in the Appendix and all appurtenant work as required by the specifications and appendices, and dated _ May 12, a o 0 9 is accepted by the City of Pafm Desert, and if fhe above bounden principal zumar zndustries, znc. SF18II duly enter into and �xecute a confract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said cantract, then this obligation shall become null and void; othen+vise it shall be and remain in full force and effec�, Should it become necessary for #he owner to institute a lawsuit, or any other legal proceeding to enforce the t�rms artd cortditians of this bond, then all costs of said proceeding, including attorr�ey`s#ees, shall be awar�ed to the prevailing party_ �Remainder of fhis page has infentionaJly been left blank. Signafure b/ocks are contained on fhe next page] Page F-1-2 (N WITNESS WHEREOF, We hereunto set our Hands and Seals this arn day 0� MaY 2� 0 9 Con#ractorsName: Zumar Industries, Inc. Contractor's Signature: . ,,_ L T�tIe:�G f f_�P �2S� �xo�I Address:� ( � �vl�[ �.�!f4G.�� .�G�t�,� �_��,�G�� Telephane: ,�G?� �� l— �3� , SUI'E��S N8tT18: North American Specialty Insurance Company Surety's 5ignature: ; ��t�f�� Lillian Tse, Attorney in Fact TIt�B: CA License No. 0155652 t Address: aa33 112th Ave. NE, Bellevue, WA 98004 � � Telephone: c4as� 709-3600 Page F-2-2 NAS SURETY GROUP NOR"f H AMF,RICAN SPFCIALTY INSURANCE COMPANY WASHINGTON INTt:RN;Al�lON,�L INSURANCE COMPANY GENERAL POWGR OF A"CTORNF,Y I�vU�'�':1L1. �il.N I31' ll 11=51�. I'IZ1.SI:N fS. I�I I:A I�North,lmerican S��ecial[�� Insur�nce Cuin�iun�. �i cur��uritiun clui� oreanized and c�isting under la��,uf ihe Sl�ite o�Ne�� I�lam�,�l�iir�. ancl ha��in�its��rinciptil oll�ice in ihe Citv ol�l��ltinchcster.Ne�c I lain��hire. an�i �1'ashington Inlematiunal Insurancc C��mpam�. a curpuri(ion ur�>anii.ed an�l e�istins�w�der the la��s of the St<tte u1�Ne�� Ham��shirc�in�i ha�in��its��rinci��al uflice in the Cit�� of Itasc��. Illinoi�. cach�iocs hcrcb�� inal:c.cunstiUite tind appoint: C��IZL Nf:��'!�q,�N. PGTLR H. 1IAMMLTT.STUART n O'F�\RRLLL.K��R[N P. DLVLR, SUS,AN B. L;ARSON,LILLI�IN TSE,SCOTT FISHER,JILL n. F30YLC an<I DGi�NNn M. NICY�Et i<��rv�ri.v �>K si=veiz�i.i.v It,true�jnd la��ful Attorne��(sl-in-Fact. t��m�ikc. e�ecute. seal ancl deliver.for and on its behalf and as its act and�ieed. ho��ds or other writings ublieator�� in the nature of a hon�l on bchalf of cach of said Companies, as suret��_on contracts of surct��ship as arc or mar be required or permittcd b}� la�c_ reeulation. contract or othcn��ise. pruvided that no bond or undertaking or contract or sw�etyship c.�ecuted under this authority shall exceed the �imuunt of: TWENTY-F1VE MILLION($25,000,000.00) DOLLARS This Po�o°er of Attorne��is�ranted and is signed by facsimile under and b��the authoritv of the follo��ine Resolutions adopted by the Boards of Directurs of bolh North American Specialt� Insurance Company and Washington Internalional Insurance Comp�iny at meetings dul��called and held un the 2�1`�,of March.20l)0: "R[:SOI.VED.that am�t��o of the Presidents.am�Managing Director.am� Senior Vice Presiden[.an�� Vice President. anv Assistant Vice Presidcnt. the Secretary or am�Assistant Secretan�he. and each or an��of them hereb�� is authorized to execute a Po��er of Allorne�� qualifying the attorne�� named in the gi��en Power of Attornc�� [u ezccute on behalf of the C:ompam�honds. undertakings and all conu-acts of suret��.and that each or am�01�lhem hereby is xuthorized to attest to the executiun ol'an��such Po�ver of i\ttorn��anci to attach therein the seal of the Compan��_ and it is PUR�fHI�R RCSOLVED. [hat the sienatw�e of such ofticers and the seal ofthe Compan�� ma}�he aCfized to am�such Nower of Atrorne��or to am� certificate relating thereto h�� facsimile. and am�such Po�ver of At[ornev or certificate bearine such facsimile sienatures or facsimile seal shall he hinding upon the Compam� �chen su at�lixed and in the future with regard to am�bond. undertakine or cuntract of suret� to��hich it is tittached.�� \��OQ�GIAP O'Y�NS?��/ - � �iin,�� wrrmi _� t�i,.n� � �r � ��"��avql�hA 5:'P A • G' .�J� t ,� o •�A r 1�� "� 2.'G� Rri�`'Z� �3� L . :�_ .. . s�A.F''Q��q`'if'O'4qrs�"-O;�c _� SEA� -0= S[e�en P.anderson,President S Ch�ef E�ecuh�e O�ficer of AVnshin�fun Inferna[iunal Inan-anee Cumpnnc =� ,�j�� '��.t g �w":2 1873 �tp,n� \Senia�tice President of Vorth Americnn SpecialN Insm�ance Cumpanc ��'� �'m' ?y,�j, �:O` cGYD� :nc :�L�"'an,vs�.a,y�`� - ,.� n� .'�, ' _ . ..... ., _� ��i1b� '�'Nd��\` :�� z �2-..._ b�s',h ......�D��: /��Ih I Ilil\0\1� �' Y�� iy�6 a a Dfnid\I.I,B inan,Senior�'ice Presidenl of\V ashinglnn Inlu nn�ional Insurance(ump,un 'H��AAJy�.�tRip��'��\� SV�ice Yresiden�of North American Speci;Jt�L�surance(bmpsnc IN WI�I�NGSS WHI;RI�:Ot�. Nurth ninerican Specialty� Insurance Company and Washington In�ernational Insurancc Company have caused their off icial seals tu be hereunto aff�i�ed. an�l these presents to be signed b��their authorizecl o�cers thi,30th �i�� f- Septunbcr ��K North American Specialty Insurance Companp� Washington International lnsurance Company State of Illinois County of Du Pagc s` On this 30t1�day of scptemba� �0��H . beFure me.a Notary Public personally appcared Steven P. Anderson . President and CF:O of Washinetun International Insurancc C��mpam�and Senior Vice President of North American Specialt� Insurance Compam�nd David M. Layman. Senior Vice President of Washin�tun Intcrnation�l Insurance Compam�and Vice President of North American Specialt�� Insurancc Company. �ersonallc kno��n to me. �cho heine b�mc dul�� s��orn.ackno�vledeed that the��si�ned the above Po�rcr ot�Attorne�-�s uCticers of and ackno��lcdeed said instrument tu be the��olunt�ir��act and deed of thcir resnective comnanies. ,.,,�.a.�.�..,.�,�„�.� 3 t? ,I( °A� : ali� S`I�tAT '�I'.�_.°d� � s " '',' � � '.''t�_; �h+odary tuht c State of I[4mais �n5y��_��ss��,n�3��e�z�iN6/�Ol�� I)onna [). Sklcns.Notar�� Public L James,A. Carpcnter__. th�dul��elected i�ssistant Secreta,n� oFNorth�lmcrican Spccialt�� Insurancc Compam�and W�ishington Internaliunal insuranee(�ompan��. �1��hcreb� certif� th,�;the�iboce�+nd fureeoine is a[ruc and corr�ct cop�� i�f a Pu��er of�ttorne��given h�� sai�i North lmerican Specialtc In�uraucc(��m�iam ❑nd `,��tishingtun International Itisurane�C�imp�im. ��hieh i��till in liill force and�ffect. IN �1'I INI�_S5 ��I If:RI��:OI�. I htne�sct m� han�und al7i�:ed Ih�seals u�the Companics thi� � da�� of _ �Qli 20�� . - . —�---- ___ ��. �1-. '�.�� leinez.A I�a�e Icr.A�ice Piesideni� \:si:�nnt Sc.c-eian�ol N�nsli ie��ni I irrnx(unal I�_i-nnc�(�� npom,A Nonh�mericrn Cpeciahc Insuranee Cumpam ACKNOWLEDGMENT State of Washington) County of King) On this 8th day of May, 2009, before me, Jill A. Boyle notary public in and for the State of Washington, with principal office in the County of King, residing therein, duly commissioned and sworn, personally appeared Lillian Tse,known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of North American Specialty Insurance Company as surety in said instrument,and acknowledged to me that he/she subscribed the name of said corporation thereto as surety,and his/her own name as attorney-in-fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. ��uu��iii�� ````````,`�� w. BOY��i��i NOTARY PUBLIC �1'iej. � � � � ppTARY • 1_ Cti �� Q - _ _ - - Co mission Expires: �1 04/2e(a,�,�v ; � %+j► d./� �p��`�� .,��F �f w AS�`�`�� nu�� 760 3417098 09:02:02 a.m. 05-07-2009 1 /4 CITY OF PALM DESERT CALIFORNIA ADDENDUM N4. 1 Wa�nding Signs Project PROJECT NO. 526-09 � CONTRACT NO. C28810 . ISSUED May 6, 2009 BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THiS ADDENDUM MUST BE . ACKNOWLEDGED 1N CONTRACTOR'S PROPOSAL G:1PubWorksIPROJELTS�526-09 Wayfinding Sign Pmject�Bid Documents�Addendmn#I�Addendum#l.doc 760 3417098 09:02:15 a.m. 05 07-2009 2!4 I � I i. Wayfinding Signs Project ' _ PROJECT NO. 526-09 ' CONTRACT NO. C28810 _ This addendum changes the following items for the project bid documents for the above referenced project: 1. Replace Page 1 of 14 and 3 of 14 in the Appendix with the attached Page 1Aof14and3Aof14. 2. In reference to Page B-1, "lnstructions to Bidders", section number 2, "Bid Bond", the bid bond amoun# should only consider Bid Item No. 1, Base Price Bid. The bid bond SHOULD NOT consider Bid Item No. 2, Optional Bid. � G:�PubWodcs�PROJECTS�526-09 Wayfinding Sign Project\Bid Documents�Addendum#1Wddendum#l.doc -- ---_� 760 3417098 09:02:28 a.m. 05 07 2009 3/4 i 4' — 11' MAX. � � i a � � oe � PAIM�SERT o a! oao D �o \ � M D W N �o�o�o� �Q��Qr� � �� 0 6" CLEARVIEW HWY 2—B DD l`�cJI�U � �0�� T��CAL FONT) � �Qc�Q�o� p�aQ� 8" DIAMETER ARROW PANEL. ARROW PANEL EITHER INTERGAL WITH SIGN PANEL OR SEPARATE 1/8" THICK PANEL 1hMICH IS MECHANICALLY FASTENED TO SIGN PANEL WITH FLAT HEAO COUNTER SINK SCREWS AND ACORN NUTS. � SIGN REQUIREMENT NOTES 1. SIGN CONTRACTOR TO PR4VIDE SHOP DRAWINGS FOR ALL SIGN PANELS LiSTED ON PAGES 4 TO 12 OF THIS APPENDIX. ALL ATTACHMENT DETAILS SHALL BE SHOWN ON THE SHOP DRAWINGS AND THE DRAWINGS SHALI BE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL PRIOR TO FABRICATION. 2. ALL EXPOSED SIGN SURFACES, ATTACHMEIVTS, EDGES ANO SEAh�S SHALL BE PAIN3'ED TO PREVENT RUST. 1 � 3. SEE PAGE 2 FOR THE COLOR REQUIREI�ENTS ON SIGN fRONT AND ARROW PANEL(S}, THE BACK OF THE SIGN SHALL BE FAINTED RED (PMS 1815C). 4. PANEL TO 8E 1/8" THICK 60/61 T6 ALUMINUM WITH 880 SERIES TRANSLUCENT INK SCRfEN PAINTED GRAPHICS. SIGN FRONT ANO ARROW PANEL{S) SHALL HAVE 3M DIA�IOND GRADE OG3 REFLECTIVE SHEETING OVERLAY. SIGN FRONT, SIGN BACK AND ARROW PANEL(S) SHALL HAVE 3M 1160A ANTI GRAFFITI FILM OVERLAY. 5. SEE PAGE 3 FQR SIGN POST AND ANCHOR REQUIREMENTS. REVISION �1 05/05/09 — REVISED NOTES 3 AND 4. � DATE: 4I23I2009 WAYFINDING SIGN DETAI�S NTs . MINIMUM SIGN REQUIREMENTS SCALE: .,�,f��. � DEPARTMENT OF PUBLIC WORKS CITY OF PALN{ DESERT Pa,cE 1 A oF 14 TR SPORTATION ENGINEER - ____ _ ... 760 3417098 09:02:53 a.m. 05 07-2009 4/4 j i 2" X 2" X 1/4� WALL PAINTED ALUMINUM ANGLE WELQED` TO BACK OF ALUMINUM SIGN PANEL AND MECHANICALLY FASTENED TO QWIK PUNCH POST �`' {TYPICAL) ��: ,. ;. 1' 2�-7" � � � �� g i� 2" SQ. PA(NTED STEEL QUiK PUNCH POST WITH ANCHOR. POST SHALI BE PAINTfR MATTHEWS BLACK WITH SA71N FINISH (TYPICAL) l'-0" X 1'-0" X 2'-9" DEEP FOUNOATION WITH 560-C-2800 CONCRETE (TYPICAL} REVISION 01 05/OS/09 - REVISED QUIK PUNCH POST AND ANCHOR FROM ALUMINIM TO STEEL ANp ADDED SIGN POST FOUNDATION REQUIREMENTS DATE: 4I23/2Q09 WAYFINDING SIGN DETAILS NTS . POST AND ANCHOR REQUIREMENTS s�A�E: �� DEPARTNlENT OF PUBLIC WORKS CITY OF PALM DESERT PncE 3A oF 14 TR SPORTATION ENqNEER - 760 3417098 11:19:13 a.m. 05-08-2009 1 /4 i I CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 2 Wayfinding Signs Project PROJECT NO. 526-09 '� CONTRACT NO. C28810 � ISSUED AAay 8, 2009 B� CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE - ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL _ i i. 760 3417098 11:19:31 a.m. 05-08-2009 2/4 I Wa�nding Signs Project : � - PROJECT NO. 526-09 CONTRACT NO. C28810 This addendum changes the foflowing items for the project bid documents for the above referenced project: 1. Replace Pages F-1 and F-2 with attached Page F-1-2 and F-2-2. � � I. 760 3417098 11-19:38 a.m. 05-OS-2009 3/4 BIDDER'S BOND I I To Accompany Proposal � i KNOW ALL MEN BY THESE PRESENTS, That we, as principal, and 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 Owner or its certain attomey, 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 perforrn certain work described as follows: The general items o#work to be done hereunder consist of: design, fabricate and deliver Wa�nding signs, sign posts and anchors as described herein and as detailed in the Appendix and all appurtenant work as required by the specifications and appendices, and dated is accepted by the City of Palm Desert, and if the above bounden principal shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance ce�t�icates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full #orce and effect. Should it become necessary for the owner 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 attomey's fees, shall be awarded to the prevailing party. fRemainder of this page has infentionaJly been left blank. Signafure blocks are confained on the next page] �. Page F-1-2 ' 760 3417098 11:20:03 a.m. 05-08-2009 4/4 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day � of 20 Contractor s Name: Contractor's Signature: Title: Address: Telephone: Surety's Name: Suret�r's Signature: Title: Address: � Telephone: i Page F-2-2 ; I 760 3417098 01 48:51 p.m. 05-08-2009 1 !3 I — 1�1 CITY OF PALM DESERT CAUFORNIA ADDENDUM N0. 3 Wayfinding Signs Project � PROJECT NO. 526-09 `. C�NTRACT NO. C28810 � iSSUED May 8, 2009 s � BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE . ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL G:\PubWorks�PROJECT'5�526-09 Wayfinding Sign Project\Bid DocumentsWddendum#3Wddcndum#3.doc 760 3417098 01:49:09 p.m 05-08-2009 2/3 Wa�nding Signs Project i. � PROJECT NO. 526-09 CONTRACT NO. C2$$10 This addendum changes the following items for the project bid documents for the above referenced project: 1. Replace Page 1 of 14 and 1A of 14 in the Appendix with the attached Page 1 B of 14. � G:�PubWorlcs�PROJECi'5�526-09 Wa�nding Sign Project�Bid DocumentslAddendum#3Wddendum#3.dce ( 760 3417098 01:49:26 p m. 05 08 2009 3/3 4' - 11' MAX. � 0 SIGN HEIGHTS HEIGHT QUANTITY - 4'-9" 29 EACH � 7" o �° 5'-11" 37 EACH ��p�T � 6'-6" 4 EACH �_� o' '=11" i EACH „ . �v� . 'v M O W O " �]��OO � �Q�I�QC� � `o� � 0 6" CLEARv�Ew Hw�r 2-8 � DQc�Q1J � �O��OO �TYP�CAL FONT) � 0 � � � �QQQ�o� p�r�� 8" DIAMETER ARROW PANEL. ARROW PANEL EITHER INTERGAL WITH SIGN PANEL OR SEPARATE 1�8'� THICK pANEL NMICH I$ MECHANICALLY FASTENED TO SIGN PANEL WITH FLAF:HEAD COUNTER SINK SCREWS AND ACORN NUTS. SIGN REQUIREMENT NOTES 1. SIGN CONTRACTOR TO PROVIDE SHOP DRAWINGS FOR ALL SIGN PANELS LISTED ON PAGES 4 TO 12 OF THIS APPENDIX. ALL ATTACHA�ENT DETAILS SHALL BE SHOWN ON THE SHOP DRAWINGS AND THE DRAIMNGS SHALL BE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL PRIOR TO FABRICATIOfV. 2. ALL EXPOSEO S1GN SURFACES, ATTACHMENTS, EDGES ANO SEAMS SHALL BE PAINTED TO PREVENT RUST. t 3. SEE PAGE 2 FOR THE COLOR REQUIREMENTS ON 51GN FRONT AND ARROW PANEL(S). THE BACK OF THE SIGN SHALL BE PAINTED RED (PMS 1815C). 4. PANEL TO BE 1/8" THICK 60/61 T6 ALUMINUM WITH 880 SERIES TRANSLUCENT INK SCREEN PAINTED GRAPHICS. SIGN FRONT ANO ARROW PANEL(S) SHALL HAVE 3M DIAMONO GRADE OG3 REFLECTIVE SHEETING OVERLAY. SIGN FROMT, SIGN BACK AND ARROW PANEL(S) SHALL HAVE 3M 11fi0A ANTI GRAFFITI FILM OVERLAY. 5. SEE PAGE 3 FOR SIGN PQST AND ANCHOR REQUIREMENTS. REVISION �l 05/05/09 - REVISED NOTES 3 AND�4. 0 OS/08/09 - ADDED S1GN HEIGHTS DATE: 4/23/2009 1NA YFl N D I N G S I G N D E TA I L S NTS . MINIMUM SIGN REQUIREMENTS SCALE: .�� TR SPORTA�IQN fNG{NEER DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT PacE �B oF 14 i i. Contract No. C28810 Agreement THIS AGREEMENT is made and entered into this 21St day of Mav , 2009, by and between City of Palm Desert, California, hereafter called "Owner" and Zumar Industries, Inc., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to Owner its Contractor's Proposal for the construction of Owner's Project, 1. WAYFINDING SIGN PROJECT, PROJECT NO. 526-09, CONTRACT NO. C28810, in strict accordance with the Contract Documents identified below, Owner 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, 2 & 3; (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 (10) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within Ninety (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: Contract No. C28810 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 sub-contractor s, its agents or employees, and, all expenses of investigating and defending against same, a. Any and all liability, claims, damages, losses or injuries to any and all Contractors, sub-contractors, 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. 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. 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 $500.00 (FIVE HUNDRED AND NO /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 Owner 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 Owner, 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 ten (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. Contract No. C28810 Release of Retention The prime Contractor agrees further to release retention payments to each Sub- contractor within thirty (30) days after the Sub-contractor'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: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: OWNER: BY: ATTEST BY: Signature to be notarized TITLE: Mayor 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 � , ;,, 'E..,.1 � ti qy�� O,p ' � I! 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"' . i t 3 t r C'_ i t MAGN ^ F LS R 1�_ {' � �� 7 � �, < • . �y �� — � ,� _� � ,. - �, - - .r - r - , � - � �7 _ , ,� , , ," { � [ � � . � � Fl : �; ,, , FR�D " I � DR � . FRED WARJN�G,ORIV� •T�� , _ �. . B ..,;.. / � � ; _ - - � $ - ,�, - �� _ _ � J.. , �` �� ,� �, , � E ,_ � � �- , . �- , . t � �� , � ; � N �, ,t� r..� , , . , , , �; v .,_.: � � , . �.... .._ , _ _ � - ; �: �.. - a ._ � ; ., r � r E _ .<. , . „ , , ; a : - — r::. _,. r , � ; . � , � , v � ; -�, �. � �\ � . 'h _ 6 +�� .% .. '�� '.. � µ (i � C ^� O r . �'v �. � a �� •.X.. �...:. � 1� ' ... Y ��f ,._.� i, .. . . .� _ . _ —.. •... •. ,�..... . � , } . ............. f ..�. `T��T�;��' _..., ,d: � � ��., � ' . i �/` . ` i � DATE: AUGUST 2008 WAYFI N D I N G S I G N LO CATI 0 N S SCALE: NONE MSD SHEET N0. CITY ENGINEER DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT 1 , , 1 _, � � � w � ' � z o � , - O z � _� T z � N ._____ W _ � � 1S �00� , � �' i 0 ; , a � , � � � c� , ; � � ; - �. � _ _ , � ' � �', � � ;� . _ , . f � _ � f � ; ; i � � � ' � ( � � i � .__� �� (� w ' ' f ; 4�I NQANd�,d334 � , , , w � I � , , F_ � Z o , ; , � y,. _ �i � � . . _ ; � . - . � � � _ . �� , . � � �� , _ .. _ � " � � ,.� __ . ; � . . ..- � � � - ; - I,, ' o � ; - , .. , . t , _ ._. ❑ , ; � , o0 U � , � ; . � '� � T O -_ .., � _ � . � � : ' � .. �... . ;_ . ._� .._ _ . -� ` � .. � .,.... � __ .. � . ._ , �nv v�o�aod � T E , �F ._ { ,0t � � ' , , � , j � � . � ; i , � �� ' z � _ ,_. .- , , , � , _; � � � , — � �� _ i ; ,- , . F � ,_ � , .� �,, � �" �. ` ` �� , � � �_�, �� ' � � 3 � � � ( �- i• � o , Q� , , �.� � � �� , __ � w 3�d Ol8 d NdS � : _ z c� -:_ ..,, � ' � J ..._ . _ ¢i , .. ( `:., . :.I��1 � . I Q m ( .. . �.w� .. . � .......... . ,_, i � . I � ;.... _ � . __ , - �- _ > w z _ . ; � . �7� _ ; , _ — o ,�_ , , , . _ � o , ,� � � � ;� , - � �g , w r i z , � � °�-. � ` �1�'7V''�'}1 �� -_ � `� ` � � __ . � ❑� ' ` � + . ; � J :� l i � � \ W ` i .. .___ � - � ' � '� , , Q � i� � � ".. , � W �� f �nv,�3��Now , F � � � �� , _. ... o � � , � , � , , � _ , ,� ^ � ; r . ,' �� z � �yrn° � ,_� ,, dl ,(M/� � — �� . � � , . _.. : __ , + � . � � _ ; a � ... , , ' �- ,�, 8 _ .� : �, ; -<_ � � �, ,, ` � r� �.�_..,� =�" �— aO __ �31N3� NMO`l � �" ;� , o ' N � �� ( ; ��,-%� H `�� , _ . (� m � ;_ oa � � � � ,-_ i-_; � �; (/) ' i � � � Q � ' Q W � . � ' w � ap -., � � � __. � Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries, Inc. hereinafter designated as the "Principal", a contract for: WAYFINDING SIGN PROJECT PROJECT NO. 526-09 CONTRACT NO. C28810 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, Zumar Industries, Inc., the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Fifty-three Thousand Eiqht Hundred Thirty-four and 00/100 Dollars ($ 53,834.00 ), 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 Owner, 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 there under 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 Owner 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 , 20 Zumar Industries. Inc. 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 Zumar Industries, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated May 21, 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526-09, CONTRACT NO. C28810, (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, Zumar Industries. Inc. , the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the 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 Fifty-three Thousand Eiqht Hundred Thirty-four and 00/100 Dollars ($53,834.00), 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 Sub-contractor s, 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 Sub-Contractor s 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 Sub- Contractor s, 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. Page 1 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: Zumar Industries, Inc., (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 2 Klassen, Rachelle From: Mendoza, Grace Sent: Thursday, May 14, 2009 4:15 PM To: 'David J. Erwin (djerwin@bbklaw.com)' Cc: Klassen, Rachelle Subject: Draft response for Records Request dated 10-30-08 Hi Dave: The following is the draft response I plan to forward. Please let me know if it meets with your approval. Also attached is my immediate e-mail response dated 10-31-08. May 14, 2009 jallred openrecordsdataretrieval.com c/o Open Records Data Retrieval 16 Biltmore Avenue, Suite 300 Asheville, NC 28801 Dear Sir: Subject: Public Records Request dated October 30, 2008 The purpose of this correspondence is to provide an answer to your e-mail of May 8, 2009. Attached is the initial response to Mr. Lundquist of your firm on October 31, 2008. As was stated at that time, we do not have a way to convert all the residential and commercial building permits and inspections stored in electronic form by our office from January 1, 1990, to July 31, 2008. If you have a way to compile said data from our existing records, please share your expertise with us for doing so and we will evaluate how it can be implemented. However, you would be welcome to send your own staff or copying service to handpick all the building permit information you are seeking and have it reproduced here at our offices. If you have further questions, please do not hesitate to contact our offices or City Attorney David J. Erwin at telephone (760) 568-2611. Sincerely, Grace L. Mendoza, CMC Deputy City Clerk cc: David J. Erwin, City Attorney Russell Grance, Director of Building & Safety Clayton Von Helf, Information Systems Manager i �� MISC.pdf 2