HomeMy WebLinkAboutC34220 Tierra Del Oro Street Improvement 608-15Contract No. C34220
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34220 FOR CONSTRUCTION OF
THE TIERRA DEL ORO STREET IMPROVEMENT PROJECT TO
WESTCON CONSTRUCTION GROUP, INC., OF INDIO,
CALIFORNIA, IN THE AMOUNT OF $76,930 (PROJECT NO. 608-
15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Westcon Construction Group, Inc.
81-149 Indio Boulevard
Indio, California 92201
DATE: April 23, 2015
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C34220 for construction of the Tierra del Oro
Street Improvement Project to Westcon Construction of Indio,
California, in the amount of $76,930 (Project No. 608-15);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $7,693; and
3. Authorize the Mayor to execute agreement.
Funds are available in Account No. 110-4311-433-3320, Street Resurfacing.
Background
Tierra del Oro is a street that crosses the Palm Valley Channel and leads to the Cahuilla
Hills Park, Desert Cities Baptist Church, and a few residences. The street has reached
the end of its useful life and is in need of reconstruction. The project will remove the
asphalt concrete and replace it with Portland Cement concrete (PCC). The PCC is a
stronger material and better suited to handle the periodic floods from rain storms that
run across Tierra del Oro.
Staff Report
Award Contract C34220 to Westcon Construction (Project No. 608-15)
Page 2 of 2
April 23, 2015
In addition to the street reconstruction, the project will replace the bridge deck expansion
joints, make minor repairs to the bridge deck, and restripe the parking lot at the Cahuilla
Hills Park.
A call for bids was advertised, and on March 31, 2015, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Westcon Construction Indio, CA $ 76,930.00
Granite Construction Indio, CA $ 99,550.00
Matich Corporation Highland, CA $ 122,000.00
All American Asphalt Corona, CA $ 171,599.20
Westcon Construction submitted the lowest responsive bid in the amount of $76,930.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount.
Prepared By:
ryToject Administrator Mark Gter wood, P!�
ii// Directorbf public Works
Paul S. Gibson, Director of Finance
C
n M. Wohlmuth, City Manager
AGREEMENT
THIS AGREEMENT is made and entered into this 23`d day of Aril, 2015, by and
between City of Palm Desert, California, hereafter called "CITY" and Westcon
Construction Group, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
TIERRA DEL ORO STREET IMPROVEMENT PROJECT, PROJECT NO. 608-
15, CONTRACT NO. C34220, 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:
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; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (1) Any Change Orders issued; (m) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents (n) The Determination
of Prevailing Wage Rates for Public Work. 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 21 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C34220
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
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.
Contract No. C34220
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 workers' 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:
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Westcon Construction Group, Inc.
hereinafter designated as the "Principal", a contract for:
TIERRA DEL ORO STREET IMPROVEMENT PROJECT
PROJECT NO. 608-15
CONTRACT NO. C34220
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, Westcon Construction Group, 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
Seventy-six Thousand Nine Hundred Thirty and no cents
Dollars ($76,930.00), 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.
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
M.
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
SURETY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On
personally appeared
before me,
, 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
PRINCIPAL ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Westcon Construction Group, Inc. (hereinafter designated as
the "CONTRACTOR"), an agreement dated April 23, 2015 described as follows:
TIERRA DEL ORO STREET IMPROVEMENT PROJECT, PROJECT NO. 608-15,
CONTRACT NO. C34220, (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, Westcon Construction Group, 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 payment notices under Section 9100 of
the California Civil Code, in the sum of Seventy-six Thousand Nine Hundred Thirty and
no cents Dollars ($76,930.00), 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 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 9100 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
2
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance 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)
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On
personally appeared
before me,
, 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
PRINCIPAL ACKNOWLEDGMENT
,A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document."
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
C -- CONTRACTOR'S BID
TIERRA DEL ORO STREET IMPROVEMENT PROJECT
PROJECT NO.608-15
CONTRACT NO. C34220
TO: CITY OF PALM DESERT, "CITY"
DATE: March 31, 2015
BIDDER: weetcon Construction Group, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, Tierra del Oro Street Improvement Project,
PROJECT NO. 608-15, CONTRACT NO. C34220, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). for
the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
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 for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
Page C-1
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
1
Mobilization
LS
1
$ ago
7500 -
$ ..
7 540
2
Traffic Control
LS
1
$
4
$
3
Clearing and Grubbing
LS
1
$
,GaD
?
$
7000
4
Remove Base and Surfacing
SF 15,500
$ 3bo
r
$/9 Ste^
,
5
Modified Wedge Curb
LF
40
$
42 r
$
6V�
6
ADA Compliant Ramp
EA
1
$
$
7
Concrete Pavement - 6"
SF
5,500
$ 20
$Ztq 6t��
8
PVC Irrigation Sleeve
EA
2
$
$ r.
6Uo
9
Striping
LS
1
$
/,7AD
$ 1, 7.-
�
10
Bridge Deck Expansion Joint Seal
EA
2
$
$
11
6" Grouted Rip -Rap
SF
50
$ �9.n
$ g�--
TOTAL BID PRICE
$
74, 930"'
Page C-2
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 ltem(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
co
TOTAL AMOUNT BASE BID IN FIGURES $ -76 j 4>3O -
TOTAL AMOUNT BASE BID IN WORDS ..9ousu-id
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By: , �4 , 4 4; 4� e & -
Signature
Title: General Manager
CONTRACTOR
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside
Subscribed and sworn to (or affirmed) before me on this 31st day of March
(month), 2025 (year), by Gary R. 5pinetti
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
c
Signature of Notary -
ANDREW PETER FRISQUE
Seal of Notary
-CO�Itit. +p2052969
Uf�o� ^ NOTARY PUBLIC-CALIFORNIA
cc RIVERSIDE COUNTY -'
IIh coma bpk- o�oaae.► rz ml
Page C-3
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Company Name westcon Construction Group, Inc.
(2) Address
(3) Telephone No.
81149 Indio Blvd., Indio, CA 92201
760-775-7070
(4) Type of Firm (Individual, Partnership or Corporation) corporation
(5) Corporation organized under the laws of the State of CA
(6)
Contractor's License No. 858370
Exp. Date 05/31/2015
(7) Department of Industrial Relations Contractor Registration number: 1000007446
(8) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Arthur Kotz, President/Secretary
Virginia Kotz, Treasurer
81149 Indio Blvd.
Same
Alfonso Montes, VP Same
(9) Number of years' experience as a Contractor in construction work to
(10) List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Completed
Name, Address 8
Telephone No. of Owner
1.
See Attached
2.
3.
Page D-1
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(11) Pursuant to Califomia Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description
of work to be done) for each subcontractor that will be used in the work if the
bidder is awarded the Contract, (Additional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed
Contractors" and shall be signed.) The Bidder shall list all subcontractors who
will perform work or labor or render service to the prime contractor in excess of
one-half of one percent of the prime's bid. Failure to Include the
reiected as non -responsive.
Subcontractor's Name: S2 Sealing & Striping, Inc.
License Number: 518920 DIR Contractor Registration No. 1000016195
Business Address: P.O. Box 12785, Palm Desert, CA 92255
Telephone: 760-360-2757
Work Description: Striping Percent of Work: 1 e
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractoes Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
(12) List the name of the person who inspected the site of the proposed work for your
firm Gary R. Spinetti
(13) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(14) Contractor hereby swears under penalty of perjury that this information provided
is true and rrect. ,
By: Title: General Manager
Signatur Gary R. pinetti Contractor
Westcon Construction Group, Inc.
Page D-2
E - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the General Manager ofweetcon Construction Group, Inc. the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All
statements contained in the bid are true. 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, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
March 31 20 151 at Indio CA
City State
By: `
Signature Gary R. spinetti
Title: General Manager
CONTRACTOR
Weatcon Construction Group, Inc.
Page E-1
F — BIDDER'S BOND
Bond No. WECON-33
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Westcon Construction Group, Inc. as principal,
and International Fidelity Insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $10% of Amount Bid (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden principal to perform certain work described as follows:
TIERRA DEL ORO STREET IMPROVEMENT PROJECT
PROJECT NO.608-15
CONTRACT NO. C34220
The general items of work to be done hereunder consist of: mobilization; clearing and
grubbing; removal of asphalt; grading for roadway; concrete construction; install joint
seal at bridge; striping; and installation of traffic control devices required during
construction of the improvements and all appurtenant work as required by the plans and
specifications,
and dated March 31st, 2015 is accepted by the City of Palm Desert,
and if the above bounden principal westcon Construction Groua. Inc. shall
duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been Jeff blank
Signature blocks are contained on the next page]
Page F-1
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 24th day
of March, 2015
Contractor's Name: Westcon Construction Group, Inc.
Contractor's Signature:
Title: 4CN6-2Ar&.
Address: 81149 Indio Blvd., Indio, CA 92201
Telephone: (760) 775-7070
Surety's Name:
Surety's Signatu
Title: Attomey-in-Fact
Address: 13400 Sabre Springs Parkway, Suite 170, San Diego, CA 92128
Telephone:l858) 513-1795
Page F-2
Acknowledgment
A Notary Public or other officer completing this certificate verifies only the Identity of the Individual who
signed the document, to which this certificate Is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
Countyof Atil' ,r."Ve j
On /1 A/i— before me, A,�eEA✓ / A
r
personally appeared /�Y �• ,1io�,•�Tt/
who proved to me on the basis of satisfactory
evidence to be the person(Wwhose nameW islawsubscribed to the within instrument and
acknowledged to me that he/sbe4hey executed the same in hWber/jtseif,- authorized
capacityW&), and that by his/tyo 0j;&& signatureLoon the instrument the persorL(s) 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 my hand and official seal,
Signature Z 409- 6 a ^- A, A'
4MYC0raLFjvkwn-,
ANDREW PETEfi FRISQUE
U)COMM, N2052%9
NOTARY PUBLIC - CALIFORNIARIVERSIDE COUNTY
Acknowledgment M 22, 2p„ �
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
County of Orangg, 1
On 3/24/15 before me, Susan Pugh, Notary Public
personally appeared Arturo Avala
, 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 hetshe*wy executed the same in hisftwAt.eir authorized
capacity(ies), and that by his/hentihe*signatures) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
1 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 1-_-_ - ---
Man Pugh`":
Page F-3
~ Tel (97.3) 8244200
POWER OF ATTORNEY . Bond Nu. WECON-33
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL. FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint --- —.-- — - —
ANDREW WATERBURY, DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY
Orange, CA
their true and lawful attomey(s}tn-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity
and other wrttin�s abliQatory n the nature thereof, which are or may be allowed, required or permitted by law, statute rule, raulad6n contract or otherwise
and the execu9an of such Instruments) In pursuance of these presents, shall be as binding upon the said INTERNATIONAL ADELITY INSURANCE
COMPANYand ALLEGHENY their y CASUALTY C electofficers at theirArias fully
ulal affirm amply, to all Intents and purposes, as if the same had been duly executed and
acknowledgThis Power of Attomeyy� Is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and Is granted under and by author�y of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duty held on the 20th day of July, 2010 and by the Board o Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duty geld on the 15th day of August, 2000:
"RESOLVED that (1) the President, Vice President, Executive Vice President or Secrete of the Corporation shall have the power to appoint, and to revoke
the appointments of Attorneys -in -Fact or agents with power and authority as defined or United in thirr nmpecbve ppoou�rs of attorney, and to execute on behalf
of the Corporation and affix the Corixxation's seal thereto, bonds undertakings, recognitances contracts of Indemnittyy and other written obligations h the
nature thereof or related thereto; and (2) any such Officers of the �r�Uon may appoint and revoke the ap ntmenfs of Joint -control custodians, agents
for acceptance of process, and Attomeys-In-fact with authority to execute waivers and consents on behalf of Corporation; and 2) the signature of any
such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or cerfi ication given fof the execution of any
band, undertaking recognizance contract of Indemnity or other written obligation in the nature thereof or related thereto, such signatureand seals when
so used whether }heretofore or hereafter being hereby adopted by the Corporation as the original suture of such officer and the original seal of the
Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 12th day of March, 2012.
STATE OF NEW JERSEY
County of Essex s!�
� i93b
Executive Vice P es leent(CNhleef Aerating Officer ,
(Internationa(Fidelity InsuranceOGompany) "'�sYLVN
and President (A)legheny Casualty Company)
On this 12th day of March 2012, before me came the individual who executed the preceding Instrument, to me personally known, and, being by me duly
swom, said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said Instrument are the Corporate Seats of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set rtry hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
MNOTARY
CTorm sslo Expires April OF NEW16.220519
""'+►+�+++'"' CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attomey has not been revoked and Is now in full force and affect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 24th
day of March, 2015
MARIA BRANCO, Assistant Secretary
Tierra del Oro
51000 Sq Ft
cc)
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