HomeMy WebLinkAboutC32490 - 2013 Curb Rmp Mdfctn 753-13Contract No. C32490
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32490 FOR CONSTRUCTION OF
THE 2013 CURB RAMP MODIFICATION PROJECT TO
WESTCON CONSTRUCTION GROUP, INC., OF INDIO,
CALIFORNIA, IN THE AMOUNT OF $88,738 (PROJECT NO.
753-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Westcon Construction Group, Inc.
81149 Indio Blvd.
Indio, CA 92201
DATE: February 28, 2013
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C32490 for construction of the 2013 Curb Ramp
Modification Project to Westcon Construction Group, Inc., of Indio,
California, in the amount of $88,738 (Project No. 753-13);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $8,873.80; and
3. Authorize the Mayor to execute agreement.
Funds are available in Account Numbers, 110-4312-433-3320, ADA Curb Ramp;
and 231-4312-433-4001, New Construction Tax/ADA Curb Ramp.
Backqround
The Americans with Disabilities Act (ADA) requires that when improvements are made
to streets, the adjacent infrastructure must be brought up to ADA standards.. An asphalt
resurfacing project is scheduled to be under construction on the streets adjacent to the
curb ramps in this project. Many of the ramps do not comply with ADA standards. This
project will bring the ramps into compliance.
Staff Report
Award Contract 32490 to Westcon Construction (Project 753-13)
Page2of2
February 28, 2013
A call for bids was advertised, and on February 13, 2013, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor
Westcon Construction
Simon Contracting
JDC, Inc.
Location
Indio, CA
Indio, CA
Rancho Cucamonga, CA
Bid Amount
88,738
$111,535
$133,625
Westcon Construction submitted the lowest responsive bid in the amount of $88,738.
Staff recommends that City Council award the contract for construction of the 2013
Curb Ramp Modification Project to Westcon Construction of Indio, California, in the
amount of $88,738, and authorize the Mayor to execute the agreement.
Fiscal Analvsis
This is an on-going maintenance activity with no fiscal impact beyond the contract
amount.
Prepared By:
_ �
Ry�n Ga���, Project Administrator
aul S. Gibson, Director of Finance
App�ova;
L-�f'!/�
hn M. Wohlmuth, City Manager
Mark Gr
Director
CITY COUNI
APPROVED
RECENED
Head:
nwood, P.E.
Public Works
AYES�:1 'r��. '��� `
NOES: � ��r
ABSENT: /� ��� T �
AB5TAINt
YERIFIED BY: �'
Original on File with
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Office
AGREEMENT
THIS AGREEMENT is made and entered into this 28t" day of Februarv, 2013, by
and befinreen 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,
1. 2013 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-13,
CONTRACT NO. C32490, 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; (fl The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. n/a; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemrrify, 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 befinreen 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.
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 witl 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:
Signature to be notarized
ATTEST BY:
TITLE:
TITLE:
CITY:
BY:
Signature to be notarized
ATTEST BY:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me,� , a
Notary Public, personaily 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
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
(seal)
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)
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:
2013 CURB RAMP MODIFICATION PROJECT
PROJECT NO. 753-13
CONTRACT NO. C32490
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
Eiahtv-eipht Thousand Seven Hundred Thirtv Eiaht and no cents
Dollars ($88,738.00), 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 , 2013.
SURETY
:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of Califomia
County of
On
before me,
PRINCIPAL
�
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 (hereinafter designated as the "CONTRACTOR"), an
agreement dated February 28. 2013 described as follows: 2013 CURB RAMP
MODIFICATION PROJECT, PROJECT NO. 753-13, CONTRACT NO. C32490,
(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 Eiqhtv-eiqht Thousand Seven Hundred Thirtv
Eiqht and no cents Dollars ($88.738.00), 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 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
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement befinreen the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20 .
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
By:
(Signature)
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney-in-Fact)
(Typed Name and Title)
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)
(Typed Name of Attorney-in-Fact)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
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)
C - CONTRACTOR'S BID
2013 CURB RAMP MODIFICATION PROJECT
PROJECT NO. 753-13
CONTRACT N� C32490
TO: CITY OF PALM DESERT, "CITY"
DATE: oa/is/is
BIDDER: westcon Construction Group, znc. "CONTRACTOR'�
The UNDERSIGNED, "CONTRACTOR", having carefuliy examined the site and the
Contract Documents for the construction of, 2013 CURB RAMP MODIFICATION
PROJECT, PROJECT NO. 753-13, CONTRACT NO. C32490, hereby proposes to
construct the w rk in accordance with the Contract Documents, including Addenda
No(s). d�cq/� for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this 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
Page C-1
cost of maintaining or construction altemate facilities occasioned by the failure to
execute and deliuer said documents.
2 Traffic Control
3 Clearing and Grubbing
4 Construct ADA compliant curb ramp
per Caltrans Standard A88A
5 Install 4" thick PCC tie-in sidewalk
6 Instatl 8" thick PCC tie-in spandrei
� Construct Curb and Gutter per City
of Palm Desert Standard 102
$ Construct Under 5idewalk Drain per
City of Palm Desert Standard 200
9 Install Truncated Domes and grind
lip as necessary
TOTAL BID PR{CE
LS 1
LS 1
EA 28
SF 2,530
sF 2ao
LF 110
EA 1
EA 36
s, �z� 5, r�oo
�g;7oo°.S $ g`�oo _
��,8�0°� �ZD,$So�
$ a„ $
l,�" 28��~
� Z � � 6, s7�`�
$ � xy � 8SD
$ $
/�'°" � ���
$ „� $
65.0_ ��o�
$ �„ $
�� $ � �7 �L7�
$ r�S,?38"�
Page C-2
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.
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ �Sr ��� �
TOTAL AMOUNT BASE BID IN WORDS �r.�.+Ty -�i��r' '7f�o�sra�vD
SE�/EN �.��ir�� C tqt�� r� r�� F/4�T
IN WITNESS WHEREOF CO
Page C-1:
By: �.
Signature
Title: President
CONTRACTOR
State of California
County of �c., vc,rs �a�
)
)
)
�o t-L �Q�S
this Bid as of date set forth on
Subscribed and sworn to (or affirmed) before me on this �� day of ���f'uai��
(month), ��t � (year), by iai�1 U r �� ic�i Z
, proved to me on the basis of satisfactory evidence to be the person�'f'
who appeared before me.
,/
Signature af Notary ����J �-�a
��
(Seal of Notary)
. u Er �
� �r �83�2�s =
NnUty Pu01�C - Ctlitorni� �
Riverside Counry
My Qomm. Bxpi�eo Ap► 2. 2015 �
Page C-3
D- INF�RMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address 81149 znaio Blvd.. Indio, CA 9aao�
(2) Telephone No. �60-��5-�0�0
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
(4) Corporation organized under the laws of the State of cA
(5) Contractor's License No. 858370 Exp. Date 5/31/2013
Contractor he� wears under penalty of perjury that this information provided is true
and correc�
B�/: "�•,, TItIe: President
Signa ure -.. _ _ _,�e�� _.� Contractor
(6) List the names and addresses of a{I owners of the firm or names and titles of all
ofFicers of the corporation:
Arthur F. Kotz, President
Alfonso Montes, V-P, Field Operations
(7) Number of years' experience as a Contractor in construction work a
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Telephone No. of �wner
1.
See Attached
�.
3.
Page D-1
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(9) Pursuant to California 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 subcor�tractor 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.
Subcontractor's Name: None
License Number:
Business Address:
Telephone:
Work Description:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Qescription:
Westcon Construction Group, Inc.
Name of Bidder
Percent of Work:
Percent of Work:
Per�ent of Work:
�J
�SI Of �--�rthu otz
(10) List the name of #he person who inspected the site of the proposed work for your
�ICiYI Gary Spinetti
(11 } A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Page D-2
E - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the President Of Westcon Construction Group. Ir�c. ,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 bi�ding. 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 nat, 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 liabitity 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
February 13 , 20 13 , 8t Indio r. , CA .
Cit,yy'' State
By. �� � .
�" ___ -.��A...�
Signature � �
TI���: President
CONTRACTOR
Page E-1
�
F- BIDDER'S B4ND Bond No. WECON-25
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
Thatwe, Westcon Construction Group, zn�. as principal,
and International Fidelity Insurance Company 8S surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ Ten per�ent of ,�unt B�d (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, weil and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE C4NDITION OF THiS OBLIGATION IS SUCH, that if the certain bid of the above
bounden p�incipal to perform certain work described as follows:
2013 CURB RAMP MODIFICATI�N PROJECT
Project No. 753-13
Contract No. C32490
The general items of work to be done hereunder consist of: mobilization, traffic control,
saw-cut of concrete, removal of concrete curb ramp and sidewalk, construction of
concrete curb ramps and sidewalk, and installation of truncated domes.
and dated February �3tn, aoi3 is accepted by the City of Palm Desert,
and if the above bounden principal westcon construction Group, Inc. Shr�ll
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
praceeding 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 intenfionally been left blank.
Signature bloeks are contarned on fhe next pagej
Page F-1
�
0
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this
af February 2Q 13 ,
Contractor's Name: Westcon C9��uction Group, Inc.
,
Cantractor's Signature: ( .�Li�� `'1
- _ _._.____._-.---�'
Titie: {�Z�S t c.7 ��"�'"
Address: sii49 Indio Blvd., Indio, CA 92201
Telephane: (�60> ��s-�o�o
Surety's Name; Interna �F i a'ci�e Insurance Company
Surety's Signature: / /',� �
„/-- �turo �yala ,/"/
TItI@: Attorney-in-Fact t.--'''���r
� tn ctay
Address: �340o Sabre Sprinas Parkway. Suite 245, San Dieqo, CA 92128
Telephone: tassy 513-1795
Acknowledgment
State of California
County of Orange
On a/�/13
personaliy appeared
)
)
)
before me, Karen L. Ritto, Notary Public
Arturo Ayala
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s} is/a�e subscribed to the within
instrument and acknowledged to me that he/si�ey executed the same in his/�ae�t�r
authorized capacity(�, and that by his/ias�� signature(�) on the instrument the
person{s), or the enti#y upon behalf of which the person(�) acted, executed the
instrument.
I certify under PENALTY OF PERJURY�under the laws of the State of California that the
foregoing paragraph i e�,r�d correct.
` 1 t' WITNESS my hand and official seal.
9
Signature ' � `� p (Seal)
`'� K ren L. Ritto .. , .. .. , ,
,. ;j'.,' KAR[N L. RI7T0 Y
�% . y�: COMM. #1965188 M
Pa e F-2 `'�`�• _``` Notary Public-California �
g � \,:'�X �i�r ORAiUGEC0UN7Y LL
�^ ��^^MyComm.Expirr.sDec30,2015
�'T�I�(9��)6�4-72U4 ��1�ER i�� �'i'T�J�tN�� Bond I�o. WEC�I�-25
INTERNATiONAL fIf�ELlT1f IMSURANCE CO!MPA�IY
ALLEGHEN'Y CA$UALI'� CC?MPANY
ONE N�WARK C�N7ER, 20TH FLOQR NEWARK, NEW JERS�Y 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 COMPAtdY a corporation organized and existing under the laws of the State of
Pennsylvania, havtng their principal office in the City of Newark, New Jersey, do hereby constitute and appant
DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY
Orange, CA.
their true and lawFul attomey(s}in-fact to execute, seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of indemnity
and other writings obligatory ih the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, regulation contract or othenvise
and the execu6on of such instrument(sl inp ursuance of these presents, shall be as binding upon the said INtERNATIONAL �IDELITY INSURANC�
CO�IPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to ail intents and purposes, as if the same had been duly executed and
acknowiedged by their regularly elected officers at their principal offices.
This Power of Attomey� is executed and ma�y 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 authority of the foilowing resoluNon adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a mee6ng duly held on the 15th day of August, 2000:
"RESOLVED that (1) the President, Vice President, pr $ecretary of the Corporadon shall have tliepo wer to appoint, and to revoke the appointments of,
Attomeys-in-�act or a�ents with power and authority as defined or limited in their respective �owers of attorney, and to execute on behalf of the Corporation
and aTfix the CorporaUon s seal fhereto, bonds, undertakings, recognizances, contracts of indemniiy and other written obligations in the neture thereof or
retated thereto; and (2) any such Officers of the Corporation may ap point and revoke the appointmenfs of joint-control custodians, agents for �cceptance of
process, and Attomeys-in-fact with authority to execute waivers and consents on behaff of the Carporadon; and (3) the signature ofany such Officer of the
GorporaGon and the Corporation's seal may be afflxed by facsimile to any power of attomey or cerhfication given for the execution of any bond, undertaking,
recagn¢ance contract of indemnitv or other written obfigation in the nature thereof or related thereto, such signature and seals when so used whether
hereiofore or �ereafter being here6Y adopted by the Corporation as the original signature of such officer and the originat seal of the Corporation, to be valid
and binding upon the G�arporation with the same force and effect as though manualty affixed "
IN WITNESS WHEREOF, INTERNATIONAL FIbELITY INSURANCE COMPANY and ALLEGHENY CASUAITY COMPANY have each executed and
attested these presents on this 12th day of March, 2092.
ROBERT W. MINSTEF2
Executive Vice President/Chief Operating Officer
{Intema6onal Fidelity Insurance Company)
and President (Allegheny 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 lNSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
�i•+�.'.- IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
�'�.,_ -•�
�a�"�,'�.�.,,�.,�.', '�,.
.�•.. *
:�`U81I..y� "��o,'�:
.�+���F , .•���M`+•
ryy NE� �a
����� �
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
'��lN.ai�•�"'' C�RTIFICATION
I, the undersigned offlcer 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 a�davit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attomey, 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 Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 7 th
day of February, 2013
r���ti,_:r...--•`�'!! ��.
IuiARtR 662�Pl�U, Assistant Se�creta�ry
STATE OF NEW JERSEY
County of Essex ����� + „�• _,,,,_ ��
�1, T��- r
:rv-�
�93�
�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cm� cone $ ++ss
State of Cafifornia
�°
County of �� J�'� �� � � z
On �:i��rta�r� 1�� 2v(',. before me,
D e
l L %- i l��,.� NG�-�.r'�
Here In�ert�Name and Title ot e Officer
personally appeared �ld'�'��ur 1 . 1�c� �-
Name(s) of Signer(s�
�
� ;. C. L. EILtEY
' ComMs�ion ! t931276
i �;�,'i Nabry f�t�Mie ' CMd�r�it
� ���" ��r�
who proved to me on the basis of satisfactory
evidence to be the person�'whose name�) is
subscribed to the within instrument and acknowledged
to me that �ls�e�ey executed the same in
is authorized capacityNe�j, and that by
is7i�tt�-ietr signature�) on the instrument the
personJ�a`�, or the entity upon behalf of which the
personS,�j 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.
WfTNESS my hand and official seal.
Signature: Ly �`�-L���.�
P4ace Notary Seal Above Signatuc�lf Notary Public
OPTIONAL �
Though the informaiion below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudutent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: "+'`� ►c�� t��� .> � rc: r�r�
Document Date: ���'�.�ar�� l�, Z ��1� Number of Pages: .3
Signer(s) Other Than Named Above: � r") �a r i� � U a �U�
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
C7 Gorporate Officer — Title(s): .._.__ _ L) Corporate Officer — Title(s):
[ 7 Individual � -� - � � _ _' � �7 Individual ��
C] Partner — C� Limited U General Top of thumb here ❑ Partner — C) Limited ❑ General Top of thumb here
C.l Attorney in Fact ❑ Attorney in Fact
❑ Trustee C_l Trustee
C_] Guard'+an or Conservator L7 Guardian or Conservator
C7 Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
O 2010 National Notary Association � NationatNotary.org • t-800•US No7AHY (i-Ewaa�t'rtiaz�)
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