HomeMy WebLinkAboutAwrd - C25570B - SEC29 AD 2004-2 Retention Basin Cncre Access Rmp Contract No. C25570B
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C25570B FOR THE SECTION 29
ASSESSMENT DISTRICT 2004-02 RETENTION BASIN CONCRETE
ACCESS RAMP TO TED ENTERPRISES, INC., IN THE AMOUNT
OF $28,240.00 (PROJECT NO. 927-08)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Ted Enterprises, Inc.
555 N EI Camino Real A362
San Clemente, CA 92672
DATE: November 18, 2010
CONTENTS: Agreement & Bonds
Proposal
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C25570B for the Section 29 Assessment District
2004-02 Retention Basin Concrete Access Ramp to Ted Enterprises,
Inc., in the amount of$28,240.00 (Project No. 927-08);
2. Approve a 10 percent contingency of$2,824.00; and
3. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in Fund No. 469, Account No. 469-4350-433-4001,
Section 29 Assessment District 2004-02.
Backqround
On April 26, 2007, City Council approved the construction of infrastructure of the
Section 29 Assessment District 2004-02, which consisted of street improvements of
Monterey Avenue, Gateway Drive, 35th Avenue, A Street, B Street, C Street, Gerald
Ford Drive, and Dinah Shore Drive; water line improvements; improvements to the
storm drain system; sewer line improvements; and the installation of five traffic signals.
Staff Repo�
Award C255706 AD29 Retention Basin Access Ramp
November 18, 2010
Page 2 of 2
As part of the improvements, a 3.13 acre 29 foot deep retention basin was constructed.
The retention basin was constructed with a gravel access ramp, which has shown signs
of erosion from recent rains. Staff prepared plans and specification that would construct
a concrete access ramp and provide adequate drainage to address the recent erosion.
On October 5, 2010, the City Clerk advertised and called for bids for the construction of
the access ramp for the retention basin. On November 9, 2010, the bids were opened
and publicly read aloud. The results are as follows:
Contractor Location Amount
Ted Enter rises, Inc. San Clemente, CA $28,240.00
Simon Contractin Indio, CA $29,710.00
Earth Sculptures, Inc. Indio, CA $30,970.00
Zeus Construction Bermuda Dunes, CA $31,940.00
Western Structures Riverside, CA $42,994.55
Tidwell Concrete Construction Indio, CA $50,076.60
LNA Concrete Structures, Inc. Chino Hills, CA $51,300.00
Jerem Harris Construction Riverside, CA $64,890.00
Staff reviewed the bid proposal for the lowest bidder, Ted Enterprises, Inc., and
determined that all bid requirements have been met.
Fiscal Analvsis
This project is being done as a part of the Section 29 Assessment District 2004-02.
Funding is currently available for this project in Fund 469, Account No. 469-4350-433-
4001, Section 29 Assessment District 2004-02.
Prepared By: Depart nt .
C�. ��4.,
Aaron Kulp, P ., A ciate Engineer Mark Greenw od, P.E.
�s� Director of Public Works
�a r
CtTY COUNCTi.AGTiON
Paul S. " �so , ' or of Finance APPROVF.D � nFlvii;n
RECEIVED OTNER
Approval: MF,ETI�VG DATE�=��,-����� s
AYES:���15Gy),J�i"�`}'`31"i), �S j��r�/�'/�iJr i�/r;
NOES: /��»� I,
AI3SENT: F"���iCc s�ry) �-
John M. Wohlmuth, City Manager A�STAtN: ��j» �-
VERiFIED BY: �' " ' /?�^ '
Original on File with Ci Clerk's Office
Contract C25570B
AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of November, 2010,
by and between City of Palm Desert, California, hereafter called "CITY" and Ted
Enterprises, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. ASSESSMENT DISTRICT 29 RETENTION BASIN CONCRETE ACCESS
RAMP, PROJECT NO. 927-08, CONTRACT NO. C25570B, 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) The Determination of Prevailing Wage Rates for
Public Work; (m) Any Change Orders issued; (n) 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 28 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Page 1
Contract C25570B
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $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 C25570B
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.
jRemainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page 3
Contract C255706
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
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
Page 4
Contract C25570B
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Ted Enterprises, Inc. hereinafter designated as the "Principal", a contract
for:
ASSESSMENT DISTRICT 29 RETENTION BASIN CONCRETE ACCESS RAMP
PROJECT NO. 927-08
CONTRACT NO. C25570B
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, Ted Enterprises, Inc., 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 Twentv-Eiqht Thousand, Two
Hundred Fortv Dollars ($28.240.00), 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 C25570B
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 , 2010 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Page 2
Contract No. C25570B
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Paim Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Ted Enterprises, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated November 18, 2010 described as follows:
ASSESSMENT DISTRICT 29 RETENTION BASIN CONCRETE ACCESS RAMP,
PROJECT NO. 927-08, CONTRACT NO. C25570B (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, Ted Enterprises, 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 Twentv-Eight Thousand, Two Hundred Forty Dollars ($28.240.00), 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.
Page 1
Contract No. C255706
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
PRINCIPAUCONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: sy:
(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
C -- CONTRACTOR'S PROPOSAL
ASSESSMENT DISTRlCT 29 RETENTlON BAS1N CONCRETE ACCESS RAMP
PROJECT MO. 927-08
TO: CiTY OF PALM DESERT, "CITY"
DATE: //� �-/0
BIDDER: -��� �r��- 02�scs ,7'/�/C, "C(aNTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, ASSESSMENT DtSTRICT 29 RETENTION
BASIN CONCRETE ACCESS RAMP, PROJECT NO. 927-08, hereby ptoposes #o
construct the work in accordance with the Contra�t Documen#s, inciuding Addenda
�fo{s). .l� 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 — no# by telephone or telegram — before the time
spec�ed in #he Notice Inviting Bids for the public opening of bids, #his Proposal
cons#itutes an irrevocable offer for fi0 calendar days after that date.
2. The ClTY has the righ# #o reject any or all Proposals and #o waive any
irregularities or informalities contained in a Proposal.
3. That the contrac# shat! be awarded only by the goveming body of ClTY. Said
contract shall only be deemed awarded after #he CONTRACTOR'S compiete
submission of all contrac# documents, bonds, insurance documentation, and the
CiTY shall obtain all necessary signatures of the goveming body, at which time
the corrtract shall be deemed awarded.
4. To submi# 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 corrtract, C4NTRACTOR will execute #he
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 charg�d with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money beiween the amount bid and the amount in excess of the bid which costs
CITY to do or cause #o be done the work involved, lease and rental costs,
additiona! salaries and overhead, increased interest and costs of funding the
project, attorney expense, addi#ional engineering and architec#ura( expense and
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
Page C-9
it is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment wili be based upon the actual work
perFormed, subject to such adjustment and alterations as eisewhere provided herein.
Unclassified Excavation is a Final Pay item as described in Section 1.18 of the General
Special Provisions
17'E!� �� �� ° ` �� ��� Ut+�tT �
1,�. ; 1T�M��:��f��P?'tC�N Ut��'f�. Clt��rNTITY Tt?TAL
C�C�ST.
1 Mobilization LS � � �G 0� $� ��
2 Unclassi�ed Excavation (F) CY 95 $ S7� $ s- y/.� �
3 Concrete Construction (F) CY 75 $ �S ' $ � �'
4 Drainage Trench (F) SF 360 $ �p $ 3 b o� '
TOTAL B1D PRICE $ �y� �
The costs of any work shown or required in the Pians and Specifications, but not
specifically ident�ed as a Pay Item are included in the related Pay Item(s), and no
additiona! compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications. �
TOTAL AMOUNT BASE BID IN FIGURES $ ,��, �yu r
TOTAL AMOUNT BASE BID IN WORDS �o•-✓f %
•t���l1^-� —
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
B l/
Y•
Signatur
Title: t�`c.t �"/1 Q S J�� �,�'�R�/1�tc S T��
CONTRACTOR
Attest by: C .-/(,l - �` � ,
Notary ubli in and for said County nd State
/�
Title: C,�'" / c_�I ',vt" �. /�Z.(��%.
Page C-2
D — INFORMATION REQUIRED OF BiDDER
The bidder is required to suppiy the foliowing information. Addi#ionai sheets may be
attached if necessary.
(1) Address ��S'� /�/ c�L,.. C/4 A� i w c� �.�A�. �3�Z,
(2) Telephone No. �lS�S• 3�� - ;3 a !��
(3) Type of Firm (Individual, Partnership or Corporation) Cd 2/�0�)Ti ar�
{4) Corpora#ion organized under the laws of the State of _j",r9�L iFc�L r�i,�
(5) Con#ractor's License No. �l5<�1.�357 Exp. Date �O - 30 -zo/Z.
Contractor hereby swears under penalty of perjury that #his informa#ion provided is true
and co ct.
,
,
sy: �i' � r�tie:_ ��-� r� �� F���A�'� ,�
ature Contractor
(6) ' t the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
_ 10� l/�l�lll Z �/�
� c, / /1� f c_
(7) Number of years' experience as a Contractor in construction work _ S,ce .�`"/r��
(8) List at least three similar projects comple#ed recently:
Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
1.
����
2.
3.
Page b-1
(9) List the names and addresses of each Subcontractor who wiq perform work in or
about the work improvement, and indicate what portion of the work will be done
by each Subcontractor:
Subcontractor's Name:
License Number.
Address:
Telephone:
Work to be perFormed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List#he name Qf the person who inspected the si#e of the proposed work for your
firm ,J�C_ l/A(��1�Z
(11) A financial stateme�t or other information and references sufficiently
comprehensive to permit an appraisal of your current �inancial condition may be
required by the City.
Page D-2
E — NON-C�LLUSION AFFIDAViT
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF �,���-- )
t- �Z-- , bein first duly swom, deposes and
says that e/she is - � of U �'n l�t�-�?o�215�-� �,�. the
party making the foregoing bid; that the 6id is no# made in the inferest of, or 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 no# direc#ly or indirectiy colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shali refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sough# 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 t�dy awarding the contract
of anyone interested in the proposed contract; that all s#atements contained in the bid
are true; and, further, that #he bidder has not, direc#ly or indire�tly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and wil! not pay, any fee #o any corpora#ion, partnership,
company, association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
�+l �L%�'��
By: C
Signatur
Title: lrrc �/u� �,1 �'T��- ,eiS tS-�i"'�
CONTRACTOR
Subsc 'bed and swom to (or affirmed), before me#his ��� day
of (mon#h), 20�{year), by ��' �U'k.�2. .,
proved #o me on the basis of satisfactory evidence to be the person who appeared
before me.
KELIEY A. i�lT
L'� � Corw.�182560a
xorexr run+a•ciu�aiar� w
Signature of Notary: 4 ; ,��,o�'"�,�:
Notary Public in and or sa'd n an tate
(seal of notary)
Page E-1
F—BIDDER'S BOND
To Accanpany Proposal
KNOW ALL MEN 8Y THESE PRESENT5.
�t�ryi@�T'�i Enierprises,Inc. ,�g ���
• � Westem Surety Company � ��� � �� a�
firtMy bound urlbo the C�y of F'alrt�Deselt h►the sum vf a ten pe�cent of tid {10'�6 ofi bid�
to be paid to the aaid Cily or its oertain atComey. tts sucoessars and sssZgr►s:far which
paymer�t� weN ar�d truty m be rnade. we bind otuselves, our heks, �xecutiors and
admtnistrabrs. ��s or as,sl�s.joiMiy�d aeveralty,gmnty by thesa prosenta
THE CONDITION OF THIS OBUC3ATlON {S SUCH, that if ihe certain proposel,c�Ute
above bour�den princ�at b perform cedaln work described as 1iaNcMrs:
The g�er�l i�ems of w�orlc � be dona hereunder co�sist ofi Mobi�ation, r�emov�l af
' conc;r�ts�.gredlnD, atx!p�acemer�of conaete,
and dated_ //-S��� is aoce�ed by the Cily of Pelm Desett�
�i1d if N1A�oV�Ti1�olJ�ld�n pli�q�el Ted Enterprises,Inc. g���
duly enfier tnba and execu�e a oantract for such conshuctlon, er�d shaU exscu0e artd
deliver the Perfom�ance 8ond ar�d Payment 8ond and insurance certficates as tequired
by �aid contrac� then tl�is�obligatia� shali become nWi and void; otherwi�e d �al1 be
and rema�In tuq f�or+oe and effed. • .
Shculd it become ne�sary for the C{ty to instit�0a a lav�ui� ar any ather tegai
. Proceed�n9 tn et�tvt�ce ihe terrtts and oonditiot��af ihis bond. then aq casls vf sald
P�'o�h8� �d'mg atlomey"s fees.sheN be awardod tr�thn psva�ilir�B PertY•
Page F 1
iN wm�Ess v�R�,we n�re�neo s�our�,a8 ana sea�m� 5__�_,_a�y
�f November 20�0 •
�01��iC�O�s Nafifl: Ted Enterprises,Inc.
COt�BGtiDrB$igrtal�X�B: t!�
Tlde: �c.c G� i�r�lL �1SZS
Address: 'C��"�'G G9 h>� ��4-�, �Q,� Z
Tele�or�:_ �'��i- � �6 �-'3a6,� .
$UR�S{I�$m�� Westem Surery Company
Surelys St�nah,re: � .
T�{e: Margie Wager,Attomey-in-Fact
��sg• 10650 Treena Street,Ste 109,San Diego,CA 92131
Teleptrone' 85&240-2957 �
Page F 2
OFFICIAL CALIFORNYA NOTARIAL CERTIFICATE
Aclanowledgment
State of California
County of (��}G�C;.'
On��� �d JU before me, — C. personully appeared
r C. L'—�,
who proved to me on the basis of satisfactory evidence to be the person s) whose name(s),is/are
subscribed to the within instrument and acknowledged to me tha /�F�ielshe/they executed t�e same in
�,/her/their authorized capacity{ies), and that by�is/her/their signature(s) on the iastrument the
person(s), or the entity upon behalf of which the person(s)acted,executed the instrument.
� ^
I certify under PENALTY OF PERJURY under the laws of the State of C�Iifornia t6at the forgoing
paragraph is true and correct �
WITNESS my hand and official seal. t J t��`� , { �` ��
�,, �,.� ..
�M� 1�tAT
�~ KELIEY A. HOLT NOTARY PU I
' CoMM.�1825608 f� Y
UI NOTARY PUDIIC•CALffORlMA =' `,�.,
9RIINOE COYMT1r \
Mr Caw.Em.DEc.a,20t4
ADDITIONAL INFORMATION
DOCUMENT INFORMATiON
Document Date
Number of Pages
TYPE OF IDENTIFiCATION
[ ] Personai Knowledge of the Notary Pubfic
[ ] Satisfactory Evidence—identification card
[ ] One Credibie Witness acknowtedging identity of principal EM80SSMENT
[ ] Two Credibie Witnesses acknowledging identity of principal
Copyright� t994, All Rights Reserved,California School of Notary P��hii� rn�
Western Surety Company
POWER OF ATTORNEY APPQINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AU Men By These Preseats,That WESTERN SURETY COMPANY,a South Dafcota carporation,is a duly argani2ed and existit�g corporation
having its principat office in the City of Sioux Falls,and State of South Dakota,and that it does by virwe of the signature and seal herein aRxed haeby
make,constitute and appoinl
Michael R Stra6an,M Wager,John R Qualin,Individually
of San Diego,CA,iis we and lawfut Attorney(s)-in•Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory inswmenu of similar nature
- In Unlimited Amounts-
and to bind it theroby as fully and to the seme extent as if such inswments were signed by a duty author�ud officer of the corpocation and all the acts of said
Attomey,punuant to the authority hereby given,are hereby raUfied and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hermf,duly adopted,as indicated,by
the shareholders of ihe corpor�ion.
!n Witness Wherrnf,WESTERN SURETY COMPANY has caused Ihese presenTs to be signed by its Senior Vice President and rts corporate sea!to
be hcreto�xed on this 24th day of August,2010.
���Yc WESTERN SURETY COMPANY
y�0�,4011,��'Le
��EAv�
�M� Paut .Btutlat,Senior V�ce President
State of South Dakota �
ss
Connty of Minnehsha
On this 24th day of August,20I0,befare me personally came Aaul T.Bruflat,w me known,who,being by me duly sworn,did depose and say that he
res�dcs in thc Ciry of Sioux Fells,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY dcsc��bed in and which
executed the above instrwnent,that he knows the seal of said corporation;that the ses!a�xed w the said inswment is such corporate seal,that it wac so
afFxed pursuant to authoriry grven by the 8oard of Directors of said co�pocation and that he signed his rtame thereto pursuant to l�ke a�thority, end
acknowlzdges same to be the act and deed of said corporation.
My COmmiSSion CXpIfCS ititi��•.•.4ar44titititititi...w....titi t •
+ D. KRELL i
November 30,2U12 i R��NOTARY PUBLIC/�;'�±
r���-V SOUTH DAKOTAbY�Jr
i����wtiti��.�tititi......�.....r..�.r♦
D.Krdl,No Publ�c
CERTIFICATE
1, L IJclson,Assistant Secretary af WFS'iERN Si1RETY COMPANY do hereby ctctify that the Powu of Attomey hereinsbove set forth is stifl in
force,and furtha certify that the By-Law of the cotporetion printed on the reverse hereof�s ill in fora. in testirtwny wheroof t have hueunto subscribcd
my name and affixed the sesl of the said coryoration this `�� dey of �/ O✓[�C���7�'� �'+U�V
�
�t'� WESTERN SURETY COMPANY
��w•0�'�'�'
_
� �EAv �
rlI�
• I..NG�SOf1.ASSISt8111$CCtt18T)�
Farm F4280-09•06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. A►1 bortds, policies, undertakings, Powers of Attorney, or othor obligations of the corporation shall be executed in the
corporate nsme of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President,or by such other
officers us the Board of Directors may authoriu. The President,any Vice President,Secretary,any Assistant 3ecretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate scal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the
corporation. The signature of sny snch oPficer and the carporate seal may be printed by facsimile.
ACKNOWLEDGMENT
State of Califomia
County of San Diego )
On !l�-j t L ���d before me, ___ E.B. Strahan, Notary Pubiic
(insert name and title of the officer)
personally appeared Mar ie Wa er
who proved to me on the basis of satisfactory evidence to be the person whose name�
subs ribed to the within instrument and acknowledge to me that he/�1�y�t�haY executed the same in
qis�gp+tl�eir authorized capacity(jes�, and that by��r signature(a�on the instrument the
person�,v�or the entity upon behalf of which the person�acted,executed the instrument.
I certify under PENALTY OF PERJURY under the faws of the State of Califomia that the foregoing
paragraph is tnue and con�ect.
WITNESS my hand and ofFicial seal. � e.�+
�nto�f t�
,
� 8�ONOa Counh►
Signature '�. (Seal) � �nn 23 Zot4
Tea comP$ny
1. Relocate Portabte Build'wg On-Siie Ca3 San Diegaito Academy :Ted 01-09
Owner: San Diegnito Union H'igh School Disaid
710 Encinitss Btvd
Encinit�s,Ca.92024
DouB Gilbert 760-753-6491 x5S89
Jim Mitmff 760-753-01 T9 xS404
Architect Roesling Nakamura Te�a
Joe Mansfield. 619-233-1023
. Co.at�act Amount:�94,UOO.OA
2. Miscellaneous Sit�e Improvements(a3 Ton ey Piaes Hig6 School :Ted 02-09
Owner: San Dieguito Union High School District
710 Encinitas Blvd
Encinitas,Ca 92024
Doug Gilbert 760-753-6491 7c5589
Jim Mitroff 760-753-0179 x5404
Arclutect Roesling Nakamura Tezada
Joe Mgnsfield 619-233-1023
Contract Amovnt:SS'7,�U00.00
3' M�ce�iBO°S S���Pz''�'��ets(a3 Csnyon Crest Acade.my:T'ed 03-09
Owner: San Dieguito Union H'igh School Disbrict
71 U Encinitas Blvd
Encinitas, Ca 92024
Dc►u8 Gilbert 760-753-6491 x5589
Tim Mitroff 760.753-0179 x5404
Architect:Roesling Nakamura Teiada
Joe Mansfield 619-233-1023
Contract Amount:574,000.00
4..Mar�hsU Park Storm Drsin : Ted 04-09
Owner: City of Oceanside
� 4927 Oceanside Bouievard
Oceanside, Ca. 92p56
Kon Perdu�e 760-435-5119
Contract.Amount:$8Z,2Z8.45
5.S6ade Structure Iaslsllation(��goo V.�g� : Ted OS-09
Owner:Vista Uni:Eed School District
1234 Arcadia Avenue
Vista, Ca.92084
Steve Presley 760-726-2170
Contract Amount :522�,000.�
r� CERI7FICATE OF LIABILITY INSURANCE °'"'�'""'°""'""
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C�tTAqCA7E FIOLDER � GAIICEL.ATION -
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ACORD z3(Z00�166�� 11�a At�OiiD a�aad toon ais rsplswe+d�wio�of ACARD
TED ENTERPRISES INC
Ted Bnberprises INC
Minutes of B�rd of Dincbor Meeting
A sl����n8 of die boazd of Direcours of Ted BnterprLses Inc,a California Corporatioqa.Was held
at 1205 Calle Toledo,San Clemente,CA on julq 7,2010
The Board of Directors of t�e oorporation
Kelley Bolt Pc�estdeat-Secnetar�►-Treasurer
Jce Vatdez vice-Presidern
Constituting all of tl�members of the board of directars was present at the time of the meetin&
1'he motion waz duly made;seconded and c�nied the following resolutian was adopLed:
Resolvcd,Joe Valde�,Vice-President/ Sr.Project Maoager,is solely vesbed full authorNy to
sign and an all a�t�cd�al documents and bids for the cor�wration.and ti�erefnre has the fiill
authority du obfi�ate the corporatlon in all oontracd�al mateert.
The wuidersitgned,Kelley Hol�S�etuY,certitied that joe Valdez is the duly appointed Vice President
r of Ted BnterprLses,CNC and dLat the abo�e is a trae and con�ect oopy of the resolutfon duly adopted
a meeting of bYlaws�said oorporation on)uty 7,2010.
ton wih�d�reof,[have a$ized mq nanne as�tary of tfie corporation,and have attached the
seal of TED ENTERPRISES INC to d�is resalution
na�:j�►�,2a o
xeuey xott
Secretary
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'��� VICINITY MAP
V�` DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT DATE:09 23 09