HomeMy WebLinkAboutC33250A - Freedom Dog Prk Xpnsn 715-140
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Contract No. C33250A
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33250A FOR THE FREEDOM DOG
PARK EXPANSION TO CORA CONSTRUCTORS, INC., IN THE
AMOUNT OF $54,000 (Project No. 715-14)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Cora Constructors, Inc.
75-140 St. Charles Place, Suite A
Palm Desert, California 92211
DATE: February 27, 2014
CONTENTS: Agreement
Contractor's Proposal
Performance Bond
Payment Bond
Vicinity Map
Recommendation
By Minute Motion:
1. Deem Contractor's Proposal submitted by Doug Wall Construction,
Inc., of Bermuda Dunes, California, as non-responsive;
2. Award Contract No. C33250A to Cora Constructors, Inc., of Palm
Desert, California, for the Freedom Dog Park Expansion in the
amount of$54,000;
3. Authorize the Finance Director to set aside a 10 percent contingency
in the amount of$5,400; and
4. Authorize the Mayor to execute the same.
Funds are available in Account No. 233-4670-454-4001, Capital Park Improvement
Fund.
Backqround
On January 23, 2014, City Council approved the expansion of the Freedom Dog Park.
On January 29, 2014, staff advertised a Notice Inviting Bids for the expansion. Bids
were opened and read aloud on February 12, 2014. The results are as follows:
Staff Report
Award Contract No. C33250A to Cora Constructors (Project No. 715-14)
Page 2 of 3
February 27, 2014
Contractor Location Bid Amount
Doug Wall Construction, Inc. Bermuda Dunes, CA Non-responsive
Cora Constructors, Inc. Palm Desert, CA $54,000
Tri Star Contracting II, Inc. Desert Hot Springs, CA $65,914
AVI-Con, Inc. Riverside, CA $77,000
Earth Sculptures Inc. Indio, California $80,750
Doug Wall Construction, Inc., did not acknowledge Addendum No. 1 in their
Contractor's Bid as required and clearly stated in the specifications. Staff believes the
Addendum to be significant in nature and is recommending that City Council deem the
bid non-responsive.
Staff recommends awarding the contract to Cora Constructors, Inc, of Palm Desert,
California, in the amount of $54,000.
Fiscal Analysis
Construction Costs:
Although the City would initially advance the funds for this work, it is the intention of the
Successor Agency to reimburse the City for the costs. Only in the event there are no
funding sources available from the Successor Agency would the General Fund have to
pay for the work.
Ongoing Maintenance:
The expansion of this park will add approximately 15,000 square feet of dog park space.
There is no question that maintaining dog park space is more expensive than general
open space within a park. We can expect to see a slightly higher premium (10 to 15
percent) for maintaining this space. Staff's estimate is a maximum of $5,000 in
additional yearly maintenance.
Prepared By: Depa e t ead:
H. pen r � ht, Landscape Manager Mark Gr e wood, P.E.,
Director of ublic Works
� CITY COUNCILA�I�N
�f�� APPROVED DF,NiLrD
RCCEIVED OTHER
Paul S. Gi so , Director o inance MEF.T[NG DAT
AYES: � ' � � �d � ' � r
A roval: �inFS; 1
,-, AI3SENT:
E AI3STAIN:
�/ V�RIFIED BY: �
J n M. Woh uth, City Manager Original on File with Ci lerk's Office
AGREEMENT
THIS AGREEMENT is made and entered into this 27`h day of February, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and Cora
Constructors, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. FREEDOM DOG PARK EXPANSION, PROJECT NO. 715-14, CONTRACT NO.
C32250A, in strict accordance with the Contract Documents identified below,
CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (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; (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 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Page 1
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 $500.00
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 Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Page 2
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR: Cora Constructors, Inc.
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Page 3
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
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 that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument 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 California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
On , 20 , before me, , a
Notary Public, personally appeared ,
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 that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument 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 California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Page 4
C - CONTRACTQR'S BID
FREEDOM DOG PARK EXPANSION
PROJECT NO. 715-1 A�
CONTRACT NO. C33250A
TO: CITY OF PALM DESERT, "CITY"
DATE: o� ��a' I �}-
BiDDER: ��,rf. �0 nS-�U U C�D YS T! �1 C . "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Dacuments for the construction of, FREEDOM DOG PARK EXPANSION,
PROJECT NO. 715-14, CONTRACT NO. C33250A hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s).�far
the amount stated in this Bid.
By submitting this Bid� C�NTRACTOR agrees with GITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer far 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informafities contained in a Bid.
3. That the contract shaN be awarded only by the goveming body of CiTY. Said
contract shall oniy be deemed awarded after the CONTRACTQR'S complete
submission of atl contract documents, bonds, insurance documentation, and the
CiTY shall obtain all necessary signatur�es of the goveming body, at which time
the cantract shall be deemed awar+ded.
4. To submit to CITY such information as CfTY may require to determine the
Bidder's financial standing experience and to perForm the work.
5. That the accompanying certified or cashisr'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 band is to be charged wfth the costs of the resuitant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional sataries and overhead, increased interest and costs of funding the
project, attomey expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction altemate 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 Sum", are es#imates and the final payment will be based upon the actual work
pertormed, subject to such adjustment and alterations as elsewhere provided herein.
1 Fabrication and installation of 1 LS $ $
perimeter fencing at the Sauthwest
quadrant of Freedom Park adjacent '�y00Q S�OOp
to the existing dog park.
TQTAL BID PRICE �
s� 000'
The costs of any wark shown or required in the P1ans and Specifications, but not
specificalty identi�ed as a Pay Item are included in the related Pay ttem(s), and no
additional compensation shal! be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ S� b04 .• Oa
TOTAL AMOUNT BASE BID !N WORDS F�,�r� r�'� �v r �T�o��� �,,.��,
9\�o.c �
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page G1:
By: -�-;�--
Signature �+ � —�
Title: `�r 5 � �.��rn�"
Page G2
CONTRACTOR
State of Catifomia )
� • )
County of )
Subscribed and swom to r affi ed)before n�e on this /�h da of
{month), (year), by J��l��� , (i��j
�'" , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary (Seal of Notary}
� PENNY HAM
Commissian#1915219
� Notary PuDlic-CalHornia Z
Riverside County �
M Comm Ezpires Dec 4,2014 r
Page C-3
D - INFORMATION REQUIRED �F BIDaER
TO ACCOMPANY BID
The bidder is required to supply the fol{owing information. Additionat sheets may be
attached ff necessary.
(1) Company Name ��c�rr.� �n n S-�,Y.�l-C'o�4 vt t -
(2} Address ''15- (!aD .�t, �S���es p� si'c.��P�rn eser� q'2Z11
(3) Telephone No. ��f�) ��� - 3�o ►
(4) Type of Firm (fndividuai, Partnership or Corporation) �nr p�rr.-�"a pr�
(5) Corporatian organized under the laws of the State of ��i.t i .�or �►�4�
(6) Cor�tractor's License No. '�C,�3 Q L�- Exp, Date 31 I�a r Z O t
Contractor heneby swears under penaiiy o# perjury that this information provided is true
and correct.
BY�- '�1-� Title: �r�si c��o.ri'�'
Signature Contractor
(7) List the names and addresses of att owners of the firm or names and tittes of ali
ofFicers of the corporation:
�.��, �oc�-�or, l� s �C:�, "Tre�S.
(8) Number of years'experience as a Cantractor in construction work
(9) List at least three similar projects compteted recently:
Contract Amount Class of Work Date Completed Name, Address&
Tele hone No. of Owner
1.
� � �
2.
3.
Page D-1
COMPLETED PROJECTS
FROM 2005 TO 2013
Name of Project : 1023 Zone Reservoir
Azusa,CA
Owner.Azusa Land Partners LLC,19 Corporate Plaza,Newport Beach,CA 92660
Project Manager:Superior Tank,Larry Wombles Telephone:949-729-1222
Completed:Dec.2006 Price:$511,000
Start Date:May 2006 Total Construction Time:
5cope of Work:Ringwall,paving,grading,fence,curb&gutter,electrical,piping.
Name of Project: Ridgecrest Reservoirs,Tank B&Tank C
Ridgecrest,CA
Owner.Indian Wells Valley Water District,500 W.Ridgecrest Blvd.,Ridgecrest,CA 93555
Project Manager.Pacific Tank.Bob Wakeham Telephone:949-24U-7902
Completed:April 2007 Price:$893,961
Start Date:May 2006 Total Construction Time:200 working days
Scope of Work:Ringwatl,paving,grading,fence,curb&gutter,electrical,piping.
Name of Project : Construclion of(1)5.0 MG Welded Steel Reservoirs,Adel�nto
Victor Valley
Owner:City of Adelanto, 16209 Kamana Rd.,Apple Va21ey,CA 92307
Project Manager. Bob Wakeham Telephone:949-240-7902
Compteted: May 08 Price:$490,291.00
Started:March 07 Total Conswction Time: 2SQ CD
Scope of Work:Conshvction of 5 MG steel Reservoirs,Grading,Reservoir Foundations,Fence,
Treuching,Excavatian work,Electrical,gaving.
Name of Project:New Eastside Water Reservoir
Location:Calexico,CA.
Owner:City of Calexico,608 Heber Ave.,CA 92231
Project Manager. Luis Estrada Telephone:760-768-2100
Completed: Febn�ary 2009 Price:55,632,000.00
Started: Estimate: 1/31J08 Total Construction Time: 360 CD
Scope of Work:Construction of New Reservoir.Installation of 6.0 MGD Water Storage Tank,Booster
Pump Building,Distribution Booster Pumps,Waterline piping,value,fittings,Electricat equipment,Diesel
tank system,piping and generaWr,de-watering,site work including grading,paving,fence,storm drain,
install landscaping and erosion control.
{10) Pursuant ta Califomia Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and po�tion of work (description
of work to be done) for each subcontractor that wili be used in the work if the
bidder is awarded the Contract, (Additionai supporting data may be attached to
this page. Each page shali be sequentiafly numbered, and headed �Proposed
Contractars" and shall be signed.) The Bidder shali tist ali subcontractors who
will perForm work or labor or render service to the prime contractor in excess of
one-hai€of one percent of the prime's bid.
Subcontractor's Name: � o,�C,
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number.
Business Address:
Telephone:
Work Description: Percent of Work:
r� 5 c . ,c-�.`,�./"
Name of 8idder Signature of Bidder
(11) List the name of the person who inspect,eId the site of the proposed worlc for your
flril7 _ �,A,,,,��v1 j_�___._a�C a c i�`"�`n vl
(12) A financial statemerrt or other information and references sufficiently
comprehensive to permit an appraisa! of your current financial condition may be
required by the Ci#y.
Page D-2
E - NONCQLLUSiON DECLARATfON
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the -t'f�5, '} of__�YC�. �S�YvG'COrS.ift�:� the
party making the foregoing bid. The bid is not made in the lrrterest of, or on behalf af,
any undisciosed person, partnership, company, association, organization, or
corporatian. The bid is genuine and not coliusive or sham. The bidder has not directiy
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, c:onspired, connived, or agreed with any
bidder or anyone else #o put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectiy, 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. All
statements c�n#ained in the bid are true. The bidder has not, d'srectly or indirectiy,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a coilusive or sham bid, and has not �aid, and will not pay, any person or
entity for such purpose.
Any pecson executing this declaration on behaif of a bidder tt3at is a corporation,
partnership, joint venture, limited liability company, limi#ed iiability partnership, or any
other entity, hereby represents that he or she has futl power to execute, and does
execute, this deciaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of Caiifomia that
the foregoing is true and correct and that this declaration is executed on
'�-�.'�- , 2�.�, a# � , v��
x� J Citv 'tate
By: ��i
Signature
Title: --_ T�e 5� C�e.n�
CONTRACTOR
Page E-1
' , . �
F — BfDDER'S BOND
Tu Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Cora Constructors, inc. as prinCipal,
a�1d W�st�rn S�retv Comoanv aS surety, at'2 h@�C� a11d
firmiy bound unto the City of Paim Desert in the sum of$-ren Percent of bid (10% af bid}
to be paid to the said City or its certain attomey, its successors and assigns; #ar which
payment, well and truly to be madei we bind ourseives, our hefrs, executors and
administrators, successors ar assigns, jotntiy and severally, firmiy by these presents.
THE COND(TION OF THlS OBLIGATION iS SUCH, thaf if the certain bid of the above
bounden principdt to perform certain work described as fc>Itows:
FREEDOM DOG PARK EXPANSION
Project No.7'f 5-14
Coniract No. C32250A
The general items of work to be done hereunder cansist of: Fabrication and installation
of additiona! perimeter fencing at the Freedom Dog Park;
and dated February 92,2014 is accepted by the Cii}r af Palm Desert,
and if the above bounden principal�ora constructors, �nc. shali
duly enter into and execute a contract for such construction, and shali execute and
deEiver the Performance Bond and Payment Bvnd and insurance certificates as required
by said contract, then this obiigatian shall become nuli and void; othetwise it shaU be
and remain in fult farce and effect.
Should lt become necessaty 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 attorney's fees, shal! be awarded ta the prevailing party,
�Remai�der of this page has intenfionatly been left blank.
Signature bJocks are contained on fhe ne�`pageJ
Page F-1
,��
IN WITNESS WHEREOF, We hereunto se#aur Hands and Seais this stn day
Of_ February 2Q 14 ,
Contractor's Name: Cora Constructors, Inc.
Contractor's Signature: •�-��/ ���
Titfe:__ Dennis Stockton, President
AddreSS: 75-140 St.Charles Place, Suite A,Palm Desert,CA 92211
Telepho n e: 760�74-3201
Surety's Name:_ Westem Surety Company
t.
Surety's Signature: �
Title: Janelle .Tuominen,attorney-in-fact
Address: 4150 Drinkwater Bivd.. Suite 410. Scottsdale.AZ 85251
Teiephone: 480-941-3292 __ �
Acknowledgment
State of California )
} SEE A77ACHED ACKNOWLEDGMENT
County of )
On fi�efore me,
personaify appeared
, who proved to me on the basfs of
satisfactory ev►dence to be the person(s)whose name(s} islare subscribed to the within
instrument and acknowledged to me that helsheJthey executed the same in his/her/thefr
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument,
I certlfy under PENALTY 4F PERJURY under the laws of the State of Ca4ifomia that the
foregoing paragraph is true and correct.
WtTNESS my hanc! and officia! seal.
Signature (Seai)
Page F-2
� ��
CALIFORNIA ALL.-PURPOSE ACKN0INI.EDt�MENT cnm cooe s„so
�.,�cr�.cir��ri�r.,�:r..F�a^��r.�.x>�c,i�r--.�:r,z�,r..c�tr.��:c.�.�.,�:r.r�.,c�:r.m.�:�..i:�r.x-.r..�-�^r�.�:�.,�-�r.k:�me.v�t�.,4>t-.
� State of Califo ia ,
� �
� County o#_ __ ._ �
,: On�X/�17��7 before me, _._ �G�""`__ _._�_,
' �k lier�insert Name ami of the�
personaliy appeared _____���.j� p('����
�. Name�s)m sig�,er�s) �.._ __._—
i. .�..�� I
—'—..... _.__ . _... -�-- --- ---. ___.._. _.._..—_�
who proved to me on the basis of satisfactory
evidence ta be the person(sj whose name(s) is/are
subscribed to the within instrument and acknowtedged
to me that he/she/they executed the same in
his/her/their authorized capacity{ies), and that by
his/her/their signature(s) on the instrument the
PENNY HAM Person(s), or the entity upon behalf of which the
Commission#19152t9 P��on(s) acted, executed the instrument.
` _ �� Notary Pu61ic-CalffornEa z
z R�verslde County ; I certify under PENALIY OF PERJURY under the
" M Comm.Ex res Dec 4,2014 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my d and official seal.
�
• Signature:� ' � �
Ptece Nolery Seal AbOva aWre W Notary Pub1c __ _.._.__.
OPTlONAL
Though the information beJow is not required by faw,it may prove valuable to persons relying on the document
and caould prevent fraudulent removsl and reattachment of this form to another document.
Description of Attached Dxument
� Title or Type of Document:__ _
Document Date: ____ _ __ __ _.. _ ___ _ _.__ _ Number of Pages•_._�
� Signer(s)Other Than Named Above: �
_. — __ __ _ _ _ _ --_ --
Capaclty(iesj Claimed by Signer(s)
Signer's Name: ---__ ._----. . _ Signer's Name: ___--
� Corporate Otficer— Title(s): C::'Corporate Officer— Title(s):
t�l Individual !;�;Individual
(-) Partner—; LimRed General Top ot�rwmb ner� �J Partner — Limited General � Ta,�,,,,,M,he,e
_� Attorney in Fact ::Attorney in Fact ,
�� Trustee �Trustee � �
i_; Guardian or Conservator �:�Guardian or Conservator � �
�_; Other. '_:I Other �
_____._ — ^_ i
' _. ___.----- _.__.._______.__ __......__ __ _ ---- __ . +
Signer!s Representing � Signer Is Representing.
___ _.._..__ _ _--_ ___-- �__ _. ._.� _ .� _ �. . _ �
. _ _ � _ - - - _ _
l�2010 Natlonal Notary AssoclaUon•NarwnelNoTary oig•1-800 US kOTARv(t NW 876-8827) ' tlem�6907
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� CALtFORNIA ALL-PURP4SE ACKNOWLEDGMENT
` ��
STATE OF CALIFORNIA �I
I
County of Riverside
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� �:
�j �� Februery 6. 2o1a before me, Susan C. Monteon , Notary Public,
�I Dete Insert Name ot Notary exactly as il appears o�the oifiaal seal
i
�� personaliy appeared Janelle L. Tuominen '
� Neme{s)oF Signer(s} ��
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� wha 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 acknowied�ed to me that he/she/they }
executed the same in his/heNthe�r authorized capacity(ies), �
and that by his/herltheir signature(s)on khe instrument the ;
, person(s), or the entiry upon behalf of which the person(s} ;1
; �.w�=�•+"'`''� acted, executed the instrument.
� SUSAN C.R�N1'EON
i _ , CpMM.#2Q33246 m
��p��e�j� cn I certify under PENALTY OF PERJURY under the laws of
� u�i � RNERSIDECOUNTY -' the State of Caiifomia that the foregoing paragraph is true
? My Comm.6cR. lULY 13,2o�i and correct.
i
I Witness my ha d and o�cial seal. i"
Signature ,�,i,�r�; � � `""�,'�c-��,r,,_, � '
Place Notary Seal Above Signature of Notary PubGc { � i
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';� OPTI4NAL �
� Though the information below is not requrred by law, it may prove valuable to persons retying on the document
and could prevent fraudu►ent removal and reattachment of fhe form ta another document. I
!� � i
i I Description of Attached Document � I
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' Title or Type of Document: ;I
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i Document Date: � __ __ Number af Pages f I
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�! Signer(s)Other Than Named Above f�
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(� Capacity(ies)Claimed by Signer(s) i!
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Signer's Name: Signers Name
❑ individual ❑ Individual "
i ❑ Corporate Officer---Title(s). ❑ Corporate Officer —Title(s) ;
� ❑ Partner ❑Limited ❑General ❑ Partner ❑L�mited�General '
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; ❑ Attomey in Fact �I �� ❑ Attorney m Fact ' ;
� ❑ Truslee ❑ Trustee i
�; ❑ Guardian or Conservator Top Qf thumb here ❑ Guardian or Conservator Top of thumb here ;
ii ❑ Other ❑ Other ;
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!! Signer is Represenbng: S�g�er is Representing• �
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. .� . . � V"�estern Sunety �ompar�Y
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT
Know All Mea By T6ere Preeeote,That WES7'ERN SURETY COMPANY,a South Dakota corporation,is a duly o�ganiud and existng corpo�ation
havong tls principai offia in the City of Sioux FaHs,anA State of South Dekota,�d thet it does by virdu of tlx signawre and seal lierc�atlixed hveby
roeke,constitutc and�poiat
Susan C Monteon,Janelle L Tuominen,Individualty
of Rivasidq CA,its true and lawful Attomey(s}in-Fact with full power and authorrty hereby conferted to sign,seal and execuoe for m�d on its behalf
bonds.�dertakings and other obliget►ry insuuments of similar n�ette
-TII UD�lIIlttCt�E�ritOU11tS-
and to bind it d�eby as fuily and to du same extent as if wch ins4uments were signed by a duiy auWoriud oR'cer of tAe caporatian and di the acts of said
Attomey,pursuaet to the audwrity henby gi�en,ate henby ratifiedm�d oonfirmed.
This Power of Aaomry is made and execuud pucsuant w and by authoriry of Uu By-Law printed oa tlie cev�rse hereof,duly adopted,as indicated,by
the sharetiolders of the corpor�ian.
in Witnas Wbereot WESTERN SURETY COMPANY hss caused these presenu to be signed by iu Vice Pr�eside�t and its corporae sesl to be
hereto affixad on i�is 7.2nd day of Nwember,2013.
1NESTERN SURETY C4MPANY
�
'�EAv
T.Sruflat,Vke PrcsideM
State of Soub Dakota �
ss
Camty of Minnehehs
On this 22ad dsy of November,2013,before me pawnelly c�se Peul T.Bruflat,W me kaown,wdo,bcing 6y me duly swan,did depose�d say:
that he resides in We City of Sioux Falls,Stete of Sowh Dakota;tMt h�is the Vice Presedent of WESTERN SURETY COMPANY desaibed in md which
aceaned tlu above inqtrwn�nk dw he knows the s�al of said cvrporation;that the sed afiixed w iLe said'msuument is such corporat�seal;qwt it was so
atCmed pumim�t to authoriry given by the 8oard of Dircaors of said corporation end tl�et he signed his mm�e thereto pursuant W like autAority,and
aclrnowled�s same w be die act and dad of seid�rpora6on.
My canmission expires J.MOHR
June 23,2015 ��p�
•
- 1-Molv,NWary Public
CERTlFICATE
1,L.Nelcai,Ascist�t Secrewry of WESTERN SURETY COMPANY do hereby ceRify Mffi the Power of Auorney hereinabove set fonh is still�n
force,and futdier certify d�at 6x f3y L aw of 1he co�pontion priMed on the reverse�C�s�iil in force. In testimooy whereof I hsve I�amW subscribed
my name sed�xed drc sail of the sed u►r�ntioa dus 6th �y o f February 2014
� WESTERN SURETY COMPANY
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• L.Nelsoq A�istant Secreary
Foem F4280-7-2012
. MINUTES OF THE M�ETING OF THE BOARD OF DIRECTORS OF
C�RA CONSTRUCTORS iNC.
a Califomia Corporation
The Board of Directors held its meeting at the following place and time:
10:00 a.m.
Date: JANUARY 4,2005
Plac�: 74885 Joni Drive, Suite 4, Pa{m Desert, CA 92260
The so(e director was present Dennis E Stockton who officiated as Chairman of fhe
meeting and acted as Secretary and recorded the minutes of the meeting.
AUTHORI7ATION TO SfGN
The purpose of this meeting is to provide Dennis E. Stockton with authority ta bind the
carpora6o�by his signature for any and all documents deemed necessary to conduct
the business of the corporatiort. The motion was made and carried unantmously.
THEREFORE, BE fT RESQLVED, that Dennis E. Stockton is given authority to sign any
and all documents on behalf of Cora Constructors, Inc., and that such signature is
binding to the corporation.
There being no further business, on motion made and carried, the meeting was
adjoumed at 10:10 a.m.
RESPECT�'ULIY SUBMITTED
�,� ,
Dennis E.Sto , Secretary
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Cora Constructors, Inc. hereinafter designated as the "Principal", a contract
for:
FREEDOM DOG PARK EXPANSION
PROJECT NO. 715-14
CONTRACT NO. C32250A
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
Fifty-Four Thousand Dollars and no/00 ($54,000.00), 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, firmfy 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.
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 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
personally appeared
, 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 that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument 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 California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Cora Constructors, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated February 27, 2014 described as follows:
FREEDOM DOG PARK EXPANSION, PROJECT 715-14, CONTRACT NO. C32250A
(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 9100 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 payment notices under Section 9100 of
the California Civil Code, in the sum of Fiftv-Four Thousand Dollars and no/00
($54,000.00), said sum being not less than one hundred percent (�00%) 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 fS 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 9100 et seq. 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
payment notices under Section 3181 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
Page 1
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Page 2
Acknowledgment
State of California )
)
County of )
On before me,
personally appeared
, 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 that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument 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 California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 3