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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. 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C°'T 3 C) v � FS N ��cn � � n ro D n ro � � D v g < D� oo ,c o D�c ic Y�c m � N o� P � �o� .i � �o� n� m� v W o � p N � 7 A� V N d � m ll �N 0 � �N �N O GN fA GN GH fA M y1 (q (p (p Fp H Fq y Fq yJ �J N W Oj _0�0 .t�0 _f�Jt �(�il � � � � _OND W � m N A C1 N T A t0 A CT (D A V W O V fJ � O fW0 V j�+ 0� W A .fVT � O O � O � .t�0 O ,CN/� W O ? N Oi tn O O O O O fD O O O O O O VVi O V O O 0 O O O O O O O O O O � O � 1 A � n n n n n n n n l'1 n n n n N 0 0 0 0 0 0 0 0 0 o O o O N O � � v � a v v v v v � v � v v a v � N 0 o N � fD N (D ID fD N � N � W N fD fD N � N fD N N N fD N W � W ID fD N O � "7 � N <D 7 .+ (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 _������•�'�`" AAARIABRAtJCO,y°�Ssistatrt SBrd�tArY ; ' __ ,.T -......�._.�d � .._.:; �� � �� . _.... _. . .�. � ', I ...._. . : ' �, .� . 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