HomeMy WebLinkAboutC33170 - 2014 Curb Rmp Mdfctn 753-14 Contract No. C33170
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT ,/�� �
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33170 FOR CONSTRUCTION OF
THE 2014 CURB RAMP MODIFICATION PROJECT TO
WESTCON CONSTRUCTION, INC., OF INDIO, CALIFORNIA, IN
THE AMOUNT OF $45,960 (PROJECT NO. 753-14)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Westcon Construction, Inc.
81149 Indio Blvd.
Indio, CA 92201
DATE: March 27, 2014
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C33170 for construction of the 2014 Curb Ramp
Modification Project to Westcon Construction, Inc., of Indio, California,
in the amount of$45,960 (Project No. 753-14);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of$4,596; and
3. Authorize the Mayor to execute the 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.
Contract No. C3�170
Staff Report
Award Contract No. C33170 to Westcon Construction (Project No. 753-14)
Page 2 of 2
March 27, 2014
A call for bids was advertised and on March 11, 2014, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Westcon Construction Indio, CA $ 45,960.00
Desert Concepts Palm Desert, CA $ 48,777.54
Cora Constructors Palm Desert, CA $ 54,954.00
Dateland Construction Indio, CA $ 59,191.00
Tri-Star Contracting Desert Hot Springs, CA $ 65,929.50
EI Camino Construction Long Beach, CA $ 87,775.00
PTM General Engineering Riverside, CA $128,812.00
GVC Palm Springs, CA $165,300.00
Westcon Construction submitted the lowest responsive bid in the amount of$45,960.
Fiscal Analysis
This is an on-going maintenance activity with no fiscal impact beyond the contract
amount.
Prep By: f Dep m nt ead:
�
Rya Gayle P ject Administrator Mark Gr e wood, P. .
Director of ublic Works
� .� ��
Paul S. Gibson, Director of Finance CITY COtTNCILACTION
APFROVF.D ✓ DF.NiF.D
Rt?CE[VED OTHER
Ap roval:
MI+;�TINC DATE � -��'�
�� � � �, ,
�, AYI?S: �•�� ,
NO[:S: ����� -
J n M. Wohlmuth, City Manager AI3SENT: ti y�'�.�
AI3STA11�1: �'�C�1�'
V I;RI FII�D BY: ���� ��� -------
�. Original on File with City Clcrk's Office
AGREEMENT
THIS AGREEMENT is made and entered into this 27th day of March, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and Westcon
Construction, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2014 CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-14,
CONTRACT NO. C33170, 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 No. 1; (m) Any Change Orders issued;
(n) Any additional or supplemental specifications, notices, instructions and
drawings issued in accordance with the provisions of the Contract Documents.
All of said Documents presently in existence are by this reference incorporated
herein as if here set forth in full and upon the proper issuance of their documents
they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of"Agency." Liquidated damages shall be $1,000.00
dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its 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 will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: MaYor of Palm Desert, CA TITLE: City 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
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)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Westcon Construction, Inc.
hereinafter designated as the "Principal", a contract for:
2014 CURB RAMP MODIFICATION PROJECT
PROJECT NO. 753-14
CONTRACT NO. C33170
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. 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
Forty-five Thousand Nine Hundred Sixtv and no cents
Dollars ($45,960.00), 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
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 Westcon Construction, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated March 27, 2014 described as follows: 2014
CURB RAMP MODIFICATION PROJECT, PROJECT NO. 753-14, CONTRACT NO.
C33170, (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, 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 Forty-five Thousand Nine Hundred Sixtv and no
cents Dollars ($45,960.00), 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 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)
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
2014 CURB RAMP MODIFICATION PROJECT
PROJECT NO. 753-14
CONTRACT NO. C33170
TO: CITY OF PALM DESERT, "CITY°
DATE: 3/11/14
BIDDER: Westcon Construction Group, Inc. "CONTRACTOR"
The UNDERSlGNED, "CONTRACTOR", having carefuily examined the site and the
Contract Documents for the constructian of, 2014 CURB RAMP MODIFICATION
PROJECT, PROJECT NO. 753-14, CONTRACT NO. C33170, 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 constitu. _: 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 goveming 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 subrnit 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
ClTY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overfiead, 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
760-341-7098 10:02:36a.m. 03-06-2014 3/6
It is understood that the quant�ties shown hereon,except for those quantifies marked
uLump Sum"�are estimates and the final payment will be based upon the actual work
parformed, subject to such adjustment and alterations as eisewhere provided herein.
, . .,._: , • .,. s .: . . . .
,. , .. ,... •....�. , -3 z:. . ..r -,`. .� ...o-
� i._ .... . , .. ,, .. ...: ... .. . "; ::__ . - - ,..:.�� ' '' ,,,..�
..... ...... ._.. . , .: . ,.. , N.�.'.,. • .,�..:,;. ' , . ;:�'.
1 Mobilizatton LS � � `� $
2250� 2�250"
2 Traffic Control �S � � �„ $
4200 4 �"
3 Clea�ing and Grubbing �S � $���p°�„ $9�6�_
4 Construct ADA compliant curb ramp $ $
per Caltrans Standard A88A �, �2 f joQ�' �3�2�--
5 Install 4"thick PCC tie-fn sidewalk SF 1,200 � 2 So $ 3 �_
6 install 8"thick PCC tie-in spandrel SF 200 � ��� $
r ��r
7 Construct Curb and Gutter per City $ �
of Palm Desert Standard 102 LF 50 f 7�-° ��d—
8 Construct Curb per City of Palm $ �
Desert Standard 103 LF 30 !�°-° ��—
9 Remove sidewalk; replace with sod SF 75 � °°'=
8 $ 6ao"
10 Install Truncated Domes and g�ind $ �
lip as necessary EA 28 �=° f�z�
TOTAL BID PRICE $
4� 9bo^
Page C-2 Revised
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay ltem 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 $ ��i ��'��
TOTAL AMOUNT BASE BID IN WORDS _�� - �t�r'✓� 7��,�z.f ��
1�"Lc.n t' �2u.ytc�r� S-�sc-t�r� G�o�.�..--5
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Signature � � �,,
Tlt�@: President
CONTRACTOR
State of California )
County of IQ!rl��,�/.�� )
Subscribed and sworn to(or affirmed) before me o this G�''�day of �f��lfi�
(month}, 20t`l (year), by �/�Tf�`r.�'� �Tz�
, proved to me on the basis of satisfa�tory evidence to be the person(s)
who appeared before me.
��,.
� �
Si nature of Nota r��' � f'' Seal of Nota
9 rY t rY)
�r'�ANDREW PETER FRISQUE
..':.',a COMM.N2052969 �
y�:�'ri•• �
�''=''�•- ,F NOTARY PUBUC-CALIFORNIA�
RIVERSIDE COUNTV
�_,.• w c«�.�►..oeamc«u.xo,��
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.
(�� Company Name Westcon Construction Group, Inc.
(2) Address 81149 Indio Blvd. , Indio, cA 92201
(3) Telephone No. 760-775-7070
(4) Type of Firm (Individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of �
(6) Contractor's License No. s 5 8 3�o Exp. Date 0 5/31/2 015
Contractor hereby, ars under penalty of perjury that this information provided is true
and correct.
.. _ _
f` '' President
By: /" ' Title:
Signature --�-�--� Contractor
(7) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Arthur F. Kotz, President
Alfonso Montes, V-P, Field Operations
(8) Number of years' experience as a Contractor in construction work 9
(9) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name,Address &
Tele hone No. of Owner
1.
See Attached
2.
3.
Page D-1
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(10) 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 subcontractor that will be used in the work if the
bidder is awarded the Contract, (Additiona! 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: Percent of Work:
Subcontractor's Narne:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Per of Work:
F,- �._,
Westcon Construction Group, Inc. � �
Name of Bidder Sign e of ' er Arthur tZ
(11) List the name of the person who inspected the site of the proposed work for your
f1f111 Gary Spinetti
(12) 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 pf Westcon Construction Group, In�. thE,a
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 ge�uine 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 agerrt 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 behaif of a bidder that is a corporation,
partnership, joint venture, limited liability ��mpany, 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 Califomia that
the fo�egoing is true and correct and that this declaration is executed on
March 11 � 20 l� at Indio "
', CA
.
City S
,,'
By: �
Signature ��-���---�-���
Title: president
CONTRACTOR
Page E-1
Bond No. WECON-28
F — BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Westcon Construction Group, inc. as principal,
and International Fidelitv Insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$�o%of amount aid (10% of bid)
to be paid to the said City or its ce�tain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administ�ators, successors or assigns, jointly and severally, firmly by these preserrts.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden principal to perform certain work described as follows:
2014 CURB RAMP MODIFiCATION PROJECT
PROJECT NO. 753-14
CONTRACT NO. C33170
The general items of wo►-k 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 sidewaik, and installation af truncated domes.
and dated March 11th, 20�4 is accepted by the City of Palm Desert,
and if the above bounden principal _westcon Construction �rQup, �nc. shall
duly enter into and execute a contract for such constnactian, 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 fhis page has intentionally been left blank.
Signafure blocks are contained on the next pageJ
Page F-1
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this ath day
Of March 2014 .
Contractor's Name: westcon constructi ou Inc. ,...-..-..�--
��
Contractor's Signature: ��•
Titls: f'C-�cDr�.�'t" _.__.�.__.___.�...___._,._,_.
Addl'eSS: 81149 Indio Blvd., Indio, CA 92209
Telephone: (7601775-7070
Surety's Name: International ideli Insurance Com an
Surety's Signature:
A uro Aya a
Title: Attornev-in-Fact
�
Add�eSS: 13400 Sabre S�rinQs Parkway. Suite 245 San DieQo CA 92128
Tel@phOfle: 858) 513-1795
Acknowledgment
State of California )
)
County of OranQe )
Of1 3/4/14 before me, Susan Puah, Notary Public
personally appeared Arturo Avala
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(� isl�e subscribed to the within
instrument and acknowledged to me that he%d�e6tlae�executed the same in his/�ec#�ir
authorized capacity(i�), and that by his/he�ea� signature(�) on the instrument the
person(�), or the entity upon behalf of which the person(�) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r'`
Signature _�=, � '� - - „ �� � (Seal)
Susan Pugh
SUSAN PU�GN��
Page F-2 ; "' POMM M1934�29 �
:;4i�'; .= Nct�:ry Publ�•Colltomfa ct
''�� ORANOE COUNIY '�
My Camm,Faplrea Apr�9,�aig
. ,�e!t973)824.7�0o POW�R �f ATTOR�V�If �am� Na. ��oN-2$
INT�RNA714NAL FfC1ELITY IN3URANCE CaMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATtONAL FlDELfTY INSURANCE COMPANY,a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporadon organized and existing under fhe laws of the State of
Pennsylvania,having their principal office in the Cit�+of Newark,New Jersey,do hereby consUtute and appoint
DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY '
I
�
'� Orange, CA.
�..___ _______---___.____�_,_ __
___ �______.____ _____ _ _ ___ __ ____-—__---- —__ __ ____ _ �
their true and lawful attomey(s}-fn-fact to execute,seal and deliver for and on its behalf as surety any and all bonds and undertakings,contracts of indemnity
and otl�er writlngs obligatory in the nature ihereof, which are or may be allowed,required or pemiittsd by law,statute rufe,regulada► contract or otherwise
and the execu6on of such instrumenus) inp ursuance of these presents,shali be as binding upon the said IN'fERNATIONAL�IDELITY INSURANC�
COMPANY and ALLEGHENY CASUALTY COMPANY, as fuly and amply, to aA Intents and purposes,as ff the same had been duly executed and
acknowledged by U►eir regulary elected officers at their principal offices.
This Power of Attome Is executed and may be revoked, pursuant to and by authori of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
of�l�ATIONA�L F�DELITY NSURANCE COMPANY at agr�e��ng duly rheld obnY�20th-day of Juy 2010 a d�by�tl►B�Boaprddof Di�reecta�s of AL EiGHENY
CASUALTY COMPANY at a mee6ng duly held on the 15th day of August,2000.
"RESOLVED,that (1)the President,Vice Pr�eslde��Executive Vice President ar Secreta�ryof the Corporatlon shall have thepower to appant,and to revoke
fhe appotntrnents of Attomeys-in-Fact or agents wl prnnrer and authority as deflned or ifmibed in their respecUve powe�s of attomey,and to execute on behalf
of the CorporaBon and affix the Corporation's seal thereto,bonds undertakings, recognizances, contracts of indemnity and od�writtenob1�padons in the
nature thereof or related thereto; and(2)any such Offtcers of the CorporaB�may appoint and revoke the appointrnenfs of jdnt-control custodians,a ents
fa acceptance of Process�ar►d AttomeYs-in-fact with authority to exea�te waivers and consenfs on behalf of the Co�porabon;and (3)the stgnature o�any
such OTficer of the Corporation and Ihe C raUon's seal may be atfixed by facsimile to any power of attomey or cerfificaricn given for the executlon of any
bond,undertaking recognizance, contract�ndemnity or other written obl tlon in the nature thereof or related thereto,such sis�nature and seals when
so used whether F�eretofore or hereaiter being hereby adopted by the tlon as the original s�'gnature of such otfioer and the original seal of the
Corporatlon,to be vaAd and binding upon�he Corporadon with the same force and effect as lhough manually affixed."
IN WITNESS WHEREOF, IM'ERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these preaents on this 12fh day of March,2012
'�t��;�}a,•�-� coun�of EsNseW�ERSEY �{ G�rY�
� `�a�i�'� ���'�-'� � �
�,��a�� 4 193$
,�,�/ 1 ROBERT W.MINSTER * �
� � �� (Ente�ma ionaiFideliry+�nsu an��G�irr�anyOfficer �YLVAN,4
and Preskle�t(Allegheny Casualty Company)
On this 12th day of March 2012, before me qme the Individual who executed the preceding instrument,to me personally known,and, being by me duly
swom, said he is the fherein described and authorized officer of INTERNATIONAI FIDEUTY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that fhe seals affixed to said instrument are the Ccxpaate Seais of said CompaMes;that the said Corpcxate Seals and his signature were
duly affixed by order of fhe Boards of Directors of said Cwnpanies
!N TESTiMONY WHEREOF, I have her+eunto set my hand affi�ced rtry Official Seal,
at the Cily oi Newaric,New Jersey the day and year first above written.
�A N►ARQG�
N07ARY�
O �' .��� L
"'� PUBLIC � �
* * A NOTARY PUBLIC OF NEW JERSEY
y�JEas" MY cor�nission Expires Nov.2,,2o,s
CERTIFICATION
I,the undersigned oflic�er of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certiiy that I have
compared the foregdng copy of the Power of Attomey and affidavit,and the oopy of the Secdons of the By-Laws of said Cornpanies as set forth in said
Power of Attomey, wNh tt�e originals on file in the home office of sa(d cort�panies, and that fhe same are correct transcripts thereof,and of the whole
of the said originals,and U�at the said Power of Attomey has not bee�revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 4th day of March, 2014
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