HomeMy WebLinkAboutHA35160 - Parking Lot Imprvmnts at Las Serenas ApartmentsREQUEST:
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
AUTHORIZE THE AWARD OF CONTRACT NO. HA-35160 TO WESTCON
CONSTRUCTION GROUP, INC., IN THE AMOUNT OF $257.990 PLUS $25,799
FOR CONTINGENCY FOR PARKING LOT IMPROVEMENTS AND RELATED
SERVICES AT LAS SERENAS APARTMENTS
SUBMITTED BY: Veronica Tapia, Management Analyst II
CONTRACTOR: Westcon Construction Group, Inc.
81149 Indio Blvd.
Indio, CA 92201
DATE: May 12, 2016
CONTENT: Westcon Construction Group, Inc.'s Proposal dated April 22, 2016
Agreement and Bonds
Location Map
Recommendation
By Minute Motion, that the Authority Board,
1. Authorize the award of Contract No. HA-35160 to Westcon Construction Group, Inc., in
the amount of $257.990 for parking lot improvements and related services at Las
Serenas Apartments plus 10% contingency in the amount of $25.799 (for unforeseen
conditions and permits) pursuant to Section 3.30.260 of the City of Palm Desert Municipal
Code; and
2. Authorize the Executive Director to review and approve written requests for the use of the
contingency amount of $25.799 for unforeseen conditions; and
3. Authorize the Palm Desert Housing Authority Chairman and/or the Executive Director to
execute the Agreement and any documents necessary to effectuate the actions taken
herewith.
Monies are available in the FY 2015/2016 Palm Desert Housing Authority's capital replacement
budget.
Housing Commission Recommendation
The Housing Commission will review this item at its meeting of May 11, 2016. A verbal report will be
provided.
Strategic Plan Obiective
This request does not apply to a specific strategic plan goal.
Executive Summary
The parking lot at Las Serenas Senior Apartments is in great disrepair currently. Listed on the 2009
reserve study as a project to be completed in 2012, it is a priority to complete now that we have the
authority to do so. Monies have been set aside in the capital replacement fund specifically for this
purpose.
CONTRACT NO. HA-35160
STAFF REPORT
Palm Desert Housing Authority — Award of Contract to Westcon Construction Group, Inc.
May 12, 2016
Page 2
Backaround
The Reserve Study done by Association Reserves, Inc. in 2009 for the Palm Desert Housing Authority
identified the need to replace the parking lot at Las Serenas in 2012. Due to the Dissolution of
Redevelopment in 2012, many projects like this were delayed and therefore, staff has been catching up
with the various capital improvement projects on the list of deferred maintenance items.
In October, 2014 City staff walked the property and noted the deterioration of the asphalt in many places,
throughout the property. Much of the deterioration is due to runoff water from the irrigation system. The
first step taken was to correct the issue with the irrigation by fixing irrigation, timers, and installing more
drought tolerant landscape in passive areas. With this complete, it is now time to address the parking lot
improvements.
While the original layout contains asphalt throughout all the stalls and driveways, in consideration of long-
term wear and tear, staff suggested the most cost effective/sustainable remedy would be to repave the
parking stalls with concrete and seal coat the drive aisle. Along with the parking lot improvements, this
project will bring all curbing and ramps up to current code. This option, while potentially more costly in
the beginning, would result in virtually no maintenance costs as they would not be affected by the runoff
water or motor oil as the asphalt has been.
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The project was advertised and contractors were encouraged to submit bids. On April 22, 2016, bids \ --
were opened and read aloud. The base bid summary is below:
Contractor Location Bid Amount
NPG Corporation Perris, CA $332,000
Frank N Son Paving Bonita, CA $453,900
Westcon Construction Group Indio, CA $257,990
tJ
Westcon Construction Group, Inc., submitted the lowest responsive bid in the amount of $257,990. The
bid was within the estimated budget. The project is expected to commence in early -June and will —\ D�
conclude within 50 days. c
Fiscal Analysis
The fiscal impact of this contract is the cost of the contract itself in the amount of $257,990.00 plus 10%
contingency in the amount of $25,799.00 (for unforeseen conditions and permit fees).
./Veronica Tapia, Mana em t Analyst II
p 9 Y
Finance Department:
at.?I'Gibson, Director of Finance
Moore, Director of Housing '—
Department Head:
J
Approval:
cCarthy, Executive Direct
G:hda\Veronica TapialWord Files\PDHA\Las Serenas Asphalt\ PROJECT FILE Las Serenas Parking Lot\Staff Reports12016 Award Contract HA_ to Westcon Construction for LSPI 5-12-16.doc
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/ERIFIED BY:
SECTION 00400
BID FORM
BID FORM
NAME OF BIDDER: westcon Construction Group, Inc.
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, LAS SERENAS PARKING LOT
IMPROVEMENTS, hereinafter in all bid/contract documents, "Work' and/or "Project",
CONTRACT NO. HA 35160, hereby proposes to construct the work in accordance with
the Contract Documents, including Addenda No(s). 5,2.3 for the amount stated in
this Bid.
LAS SERENAS PARKING LOT IMPROVEMENTS HA-35160
By submitting this Bid, CONTRACTOR agrees with AUTHORITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for
the public opening of bids, this Bid constitutes an irrevocable offer for 120 calendar
days after that date.
2. The AUTHORITY 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 AUTHORITY.
Said contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
AUTHORITY shaU obtain all necessary signatures of the goveming body, at which
time the contract shall be deemed awarded.
4. To submit to AUTHORITY such information as AUTHORITY 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
AUTHORITY, 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
AUTHORITY 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, attomey expense, additional engineering and architectural expense and
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
SECTION 00400
BID FORM
-11-
Contract No HA-35160 Bidders Initials
SECTION 00400
BID FORM
It is understood that the quantities shown hereon, except for those quantities marked
"estimates" are based upon the actual work to be performed, subject to such adjustment
and alterations as elsewhere provided herein. Unit quantities and prices listed herein
shall include material, installation, and appurtenant work as is necessary to have the
item completed and in place meeting the full intent of the Plans and Specifications. If
necessary, when quantities must be marked as "estimates', such estimates should be a
reasonable estimate of the quantities to perform all of the work. If the actual amount
differs and it results in a change in price, it is understood by Bidder that it will require
compliance with the General Specifications section on "Changes and Extra Work"
before such adjustment shall be made.
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. We hereby propose to fumish all labor,
materials, equipment, tools, transportation, and services, and to discharge all duties and
obligations necessary and required to perform and complete the Project in strict
accordance with the Contract Documents for the SUBMITTED TOTAL BID PRICE.
BASE BID
Item Approximate Units Description Unit Cost I Total Amount
No. Quantity
M_
1 1 LS initial Mobilization $ Z 1, 0016 1 $ Z 1, ti3oo
2 1 LS Traffic Control $+1Z./b ~ $ 1Z►90o.2
3 30,000 SF Remove Base and Surfadng (5' depth at stall $ 1 , $ 45, 000
areas) 4 70 SF Concrete Sidewalk $ 6 SO $ `w
e55
5 45 SF Concrete Curb $ 113 V $ 810 air
6 8 EA ADA Compliant Curb Ramp $ Ii450 ~ $ I , boa
7 6 EA Truncated Dome Installation $ 425 $ Z,, 550.1
8 30,000 SF Concrete Pavement $_ 4 $ /350ev't
9 47,500 SF Asphalt Drive Aisle Seal Coat $ CS" $ /!, $?$°
10 1 LS Striping $ Ikoce $ 16,000~
Bidders must provide pricing for every bid item.
SECTION 00400
BID FORM
-12-
Contract No. HA-35160 Bidders Initials 67
SECTION 00400
BID FORM
The estimated quantities for unit price items are for purposes of comparing bids only
and the Authority made no representation that the actual quantities of work performed
will not vary from the estimates.
In case of discrepancy between the unit price and the line item cost set forth for a unit
price item, the line item cost, calculated at the unit price multiplied by the estimated
quantity, shall prevail and shall be utilized as the basis for determining the lowest
responsive, responsible bidder. However, if the amount set forth as a unit price is
ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same
amount as the entry in the "Line Item Cost column, then the amount set forth in the
"Line Item Cost* column for the item shall prevail and shall be divided by the estimated
quantity for the item and the price thus obtained shall be the unit price. If any of the
above discrepancies exist, the Authority may recalculate the bid price on the basis of
the unit price and the bidder agrees to be bound by such recalculation. Final payment
for unit price items shall be determined by the Authority from measured quantities of
work performed based upon the unit price.
TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):
co
$ Z57ge o
Total Bid Price in Numbers
v iumd�-�i��{'f •SeVGs -7AOl646rtd nuftGl�irsrl /iiee/0/4rs
Total Bid Price In Written Form
SECTION 00400
BID Foal
-13-
Contract No. HA-33160 Bidders Initials A....-.
SECTION 00400
BID FORM
BID ALTERNATE
Alternate #1: Shall be inclusive of all work and materials incidental thereto and
connected therewith, but not limited to fumishing all materials, equipment, tools, labor,
and incidentals that are needed to perform the Las Serenas Parking Lot Improvements:
Item Approtdmate Units Desalption Unit Cost Total Amount
No. Quantity p
Replace Base Bid item 43 with Remove base and /h) /8 [��i�
3A 77,500 SF surfacing to a depth of 3" $ (/ '� $ 7J�, 950
Replace Based Bid Item 88 and 89 with Asphalt 231725
BA 77,500 SF Pavement 3" $41:7 $ i
In case of discrepancy between the written price and the numerical price, the written
price shall prevail.
The undersigned agrees that the bid accompanied by this Bid Form constitutes a firm
offer to the Authority which cannot be withdrawn for the number of calendar days
indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract
for the Work is fully executed by the Authority and a third party, whichever is earlier.
If the Contract Documents specify alternate bid items, the Alternate Additive or
Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the
Authority's sole option. The Authority can choose to include one or more of the
Altemate Bids in the Project. If any of the Alternate Bids are selected by the Authority,
the resulting amount shall be added to or deducted from Total Bid Price for the Project.
The Authority may select one or more of the Alternate Bids at the stated Bid Price up to
sixty (60) days following award of the Contract. The Authority can award/select
Altemate Bid items at any time(s).
The Contract duration shall commence on the date stated in the Authority's Notice to
Proceed, and shall be completed by the Contractor in the time specified in the Contract
Documents. In no case shall the Contractor commence construction prior to the date
stated in the Authority's Notice to Proceed, or before providing the required bonds and
evidence of insurance.
Bidder certifies that it is licensed in accordance with the law providing for the registration
of Contractors, License No. 858370 , Expiration Date 5131/17 , class of license
AC-8 . Bidder certifies that it is registered with the Department of industrial Relations to
perform public work, Registration No. 1000007448 .
SECTION 00400
BID FORM
-14-
Contract No. HA.35160 Bidders Initia1s #r
SECTION 00400
BID Foam
The undersigned acknowledges understanding and full consideration of the
electronically issued addenda to the Contract Documents.
1. Attached is the required bid security in the amount of not Tess than 10% of
the Total Bid Price.
2. Attached is the fully executed Non -Collusion Declaration form.
3. Attached in the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Iran Contracting Act Certification.
6. Attached is the completed Contractor's Certificate Regarding Workers'
Compensation form.
I hereby certify under penalty of perjury under the laws of the State of Califomia, that all
of the information submitted in connection with this Bid and all of the representations
made herein are true and correct.
Name of Bidder
Westoon Construction Group, Inc.
Signature G--- ,l __' i✓f��...
v
Name and Title Gary Spinettl, General Manager
Dated
SECTION 00400
BID FORM
-15-
Contract No. HA-35160 Bidders initials ovi"°-
SECTION 00400
Bio FORM
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
Individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Caiiforpla
:ounty of 'v6A� /t/4f
3„ il,a‘
IQvWREA. /° IA/f c't
(insert name and title of the officer)
personally appeared 611Y rr/
who proved to me on the basis of satisfactory evidence to be the person(*) whose name*istare
bec rted to the within Mtn nent and advrowledged to me that he/Abe/they executed the same in
iis/bar/jheir authorized capacity(iee), and that by his/bet/Jheir signatures} on the instrument the
person), or the entity upon behalf of which the person acted, executed the instrument
before me,
certify under PENALTY OF PERJURY under the laws of the State of Caffomia that the foregoing
paragraph Is true and correct.
1MTNESS my hand and official seal.
Signati,xe /4
A A.A A.A A.A A Aw .A. -A (
ANDREw PETER FRISOUE
NOTACOAIIM. *2062969 7)
RY MIX- CALIFORNIA g
`, �•► I RIVERSIDE COUNTY
1 wComa balms Mosul* a2.mn
(Seal)
END OF BID FORM
SECTION 00400
BID FORM
-16-
Cant= Na HA-35160 Bidders Initials 4.#.1
S
SECTION 00405
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Contract.
Name of Bidder Westcon Construction Group, Inc.
Signature
Name
Title General Manager
Dated y41.
1
Gary Spinetti
/L 5,,,4 '
END OF CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
SECTION 00405
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
-17-
Contract No. HA-35160
Bond No. CSBA-1860
SECnON 00410
BID BOND
BID BOND
The makers of this bond are, Westcon Construction Group. inc.
as Principal, and International Fidelity Insurance con, n , as
Surety and are held and firmly bound unto Palm Desert Housing Authority, hereinafter
called the Authority, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID
PRICE of the Principal submitted to Authority for the work described below, for the
payment of which sum In lawful money of the United States, well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the
Principal has submitted the accompanying bid dated Aarti n , 2016 , for
LAS SERENAS PARKING LOT IMPROVEMENTS
CONTRACT NO. HA-35160
The general items of work to be done hereunder consist of: mobilization,
traffic control, removal of base and surfacing, construction of . concrete sidewalks,
construction of ADA compliant curb ramps, construction of concrete or asphalt
pavement, application of asphalt drive aisle seal coat, installation of striping, and all
appurtenant work as required by the plans and specifications.
If the Principal does not withdraw its bid within the time specified in the
Contract Documents; and if bid is rejected or, in the altemate, the Principal is awarded
the Contract, signs the Contract and provides all documents to the Authority as required
by the Contract Documents; then this obligation shall be null and void. Otherwise, this
bond will remain in full force and effect and upon default of the Principal shall be
forfeited to the Authority, it being expressly understood and agreed that the liability of
the Surety for any and all default of the Principal shall be the amount of this obligation
as herein stated, as liquidated damages.
Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents shall
affect its obligation under this bond, and Surety does hereby waive notice of any such
changes.
IN WITNESS WHEREOF, the above -bound parties have executed this
instrument under their several seals this 13111 day of Aare , 2016 , the
name and corporate seal of each corporation.
(Corporate Seal) Westcon Corj*Gdion t rap, Inc.
Cont
By
Title PAW 064'i-
SECTION 00410
BID BOND
-18-
Coct,act No. IIA-35160
SECTION 00410
BID BOND
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the Identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Califomia
County of Orange )
On April 1301, 2016
before me, Karen L. Ritto, Notary Public,
(insert name and title of the officer)
personally appeared Arturo Ayala
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscrled to the within instrument and acknowledged to me that he/she/they executed the same in
fs/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 instrmnent
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
(Corporate Seal)
(Attach Attomey-in-Fact Certificate)
Contract No. HA-35160
KAREN L RITTO N
COMM. #2138527 el
Notary Public -California ,T
ORANGE COUNT f a
My Comm. Expires Dec 30, 2019
(Seal)
Surety Into
By
Company
Attorney - act
Title Arturo Ayala, Attorney -in -Fad
SECTION 00410
BID BOND
-19-
;;• •-•,:!
•
A EUTY.INSORMCgta
ALLEGHENY CASUALTY COMPANY::.‘,.:::
ONE NEWARK•CENTER, 20T1-1 FLOOR NEVVARK, NEW JERSEY 07102-5207
KNOW AU. MEN THESE PRESENT& ThatINTERNATIONAL FIDEUTY INSURANCE COMPANY,a corporation organiZed and existing under
the laws of the Slate of New Jensey and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the taws of the State of
PerinsYlvania, hevIng their principal oMoe In the City of Newark, New Jersey, do hereby constitute and appoint
ANDREW WATERBURY, DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY
Orange, CA.
their true and lawful a
and other
and the
COMPANY -and
acknotMedged by
This Power: of
COMPANY arxt
reArtaRNI6TIOr
"RESOLVED, that (1
the
of the ••• elk •
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for anc112)
such .0011r41011.10nd
bond, tented
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IDakxvliterature thereof, which me or may be slowed, required or permitteci by law, statder___ _ _contact or otherwise,
fris1=1! •11111111.1191411be Wiese presents, shall be as binding Ligon the said INTERNATIONAL RDEUTY INSURANCE
wasrANY.- as fully arid amply,' to adi intents and purposes, as If the same'had been duty executed and
recutety elected at thee principal oftes. •
" be reVoked. OUrStiani to and
,_ned is granted under
ANY at e meeting dtty heid on the
at a Meeting cloy thelfith day of August nno: : •
of the poroksaws of INTERNATIONAL FIDELITY INSURANCE
of the resolution adopted by. the Board of Directors
day of July, and by the Board kiMrs of ALLEGHENY
the Vice President:Chief Executive or Secretary of the CorporiniOn shal have the power to appoint, and todsnmlty revoke
or agents powerand &good or lathed In thabc=17 d attorney, and to execute on behalf
• andiorazitaten lions in the
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IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 22nd day of July, 2014.
STATE OF NEW JERSEY
urtty of Essex
chief otaset ve0BFoRTa. 'AMSTER, • •
Insurance Cormany) &ITV= =any
•ftstAf Company) • • • •
On this 22nd 4ay Ally W14. before me came the Individual who executed the preceding instrtanant. to me personally known, and, being by me duly
Sworn, sakl :ha IS thitherelff desalbed and authorized officer of INTERNATIONAL FIDEUTY INSURANCE . COMPANY and„ ALLEGHENY CASUALTY
COMPANY : that ate leaboAbled ealifillsirtintentAtte the Corporate Settle • Of saki Companies; that the Said Corporate Seals and his signature were
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f, the_ acer01 �TETIONAL,FIDELOY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do, hereby certify that 1 have
tionOW.00! Sif.c.Y. Of Atte ..:OrAtItirioey and aflIdaytt, and ten* d the Sections of the By4nWs Of said Convoke; as set forth in said
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A 'VINO, pUBLIC OF NEW JERSEY
My Conintalwi Expires Apra le, 2019
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
COUNTY OF R 1 t4 Arid F } S.S.
On aVght before me, Andrew Peter Frisque
personally appeared /)AT'N vet A. 'fore -
who proved to me on the basis of satisfactory evidence to be the persoq*whose name* is/pe subscribed to the within
instrument and acknowledged to me that beigheilbey executed the same in his eir authorized capacity(] and that by
his/bar/tbnir signatures) on the instrument the person(e), or the entity upon behalf of which the perso1140 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
CoS• AAAAA�AA_AAAA
d . . . PETER PRISOUE�
WITNESS my cial seal. COMM. 412052969 m
�����p /�/ ' • a NOTARY PUBLIC - CALIFORNIA N
b"""".. J / . .
St �1 . (Seal) ` �- RIVERSIDE COUNTY
My Coon. 6yYM Ihambn 12. nu tb
OPTIONAL • . ' 1 1 1
Motrgt the information below is root required by law. u nary prow namable to person: raying
on the doaatenl and cnddpmenl framade n removal and reattachment of thts fonts to another document.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document:
Document Date:
Signer(s) other than named above
Number of Pages:
CAPACITY(IES) CLAIMED BY SIGNER(S)
❑ INDIVIDUAL 0 INDIVIDUAL
Right Thumbprint Right Thumbprint
❑ CORPORATE OFFICER(S) Of Sigler 0 CORPORATE OFFICER(S) of Signet
TTII.E(S) Top of thumb hem TITLES) Top of thumb bone
❑ PARTNER(S)- ❑ LIMITED
❑ GENERAL
❑ PARTNER(S} ❑ mural)
❑ GENERAL
❑ ATTORNEY -IN -FACT 0 ATTORNEY -IN -FACT
❑ TRUSTEE(S) ❑ TRUSTEES)
❑ GUARDIAN OR CONSERVATOR 0 GUARDIAN OR CONSERVATOR
❑ OTHER 0 OTIIER
SIGNER IS REPRESENTING:
SECTION 00420
NON -COLLUSION DECLARATION
NON -COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
am the President of Westcon Construction Group, irlc•the party
making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid. The bidder has not directly or
indirectly colluded; conspired, connived, or agreed with any bidder or anyone else to put
in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bld price, or of that of any other bidder. All statements contained in the bid are
true. The bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid, and
has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a
corporation, partnership, joint venture, limited liability company, limited liability
partnership, or any other entity, hereby represents that he or she has full power to
execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of Califomia
that the ,foretgoing is true and correct and that this declaration is executed on
/6 [date], at Indio fcity],
CA :?]
(Signature)
Arthur Kolz
(Print Name)
President
(Print Title) ida//6
(Date)
SECTION 00420
NON -COLLUSION DECLARATION
-20-
Contract No. NA-35160
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
CONTRACTOR INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
Failure to completed all information may render your bid non -responsive. [*Indicate not
applicable ("NIA') where appropriate.**j
NOTE: Where Bidder Is a joint venture, pages shall be duplicated and
information provided for all parties to the joint venture.
1.0 Company Name: Westcon Construction Group, Inc.
2.0 Address: 81149 Indio Blvd., Indio, CA 92201
3.0 Telephone No.: 760-775-7070
4.0 Type of Firm (Individual, Partnership, or Corporation)
5.0 Corporation organized under the laws of the State of
Corporation
CA
6.0 Contractor License No. 85837° Exp Date: 5/31/17
7.0 Department of industrial Relations Contractor Registration Number:
1000007446
8.0 Email Address or Contractor's DIR Contact andy@westcon-Inc.com
9.0 Have you or any listed sub -contractor been debarred: Yes ❑ No ❑X If yes,
provide additional information on a separate sheet.
10.0 List all the names and addresses of all owners of the firm or names and
titles of all officers of the corporation:
Art Kotz, Pres., 81149 Indio Blvd., Indio, CA 92201 Virginia Kotz, Treas., same
Alfonso Montes, VP, same
11.0 List the name of the person who inspected the site of the proposed work
for your firm: Gary Spinelli
12.0 A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the Authority.
SECTIoN 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
-21 -
Contract No. HA-35 t60 Bidders initials C
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
B. LIST OF THREE COMPLETED PROJECTS - LAST THREE YEARS
["'Duplicate Page if needed for listing additional completed projects."]
Please include only those projects which are similar enough to demonstrate Bidder's
ability to perform the required Work.
Project Client Description of Period of Cost of Contact Name/
Bidder's Work Performance Bidder's Phone Number
Work
SEE ATTACHED
C. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing information Is true and correct:
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
- 22 -
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SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
Name of Bidder Westoon Construction Group, Inc.
Signature
Name Gary SpInettl
Title General Manager
Dated i1/41/a
CONTRACTOR INFORMATION AND EXPERIENCE FORM
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
- 23 -
Contact No. HA-35160 gay Initials
5
SECTION 00440
LIST OF SUBCONTRACTORS FORM
LIST OF SUBCONTRACTORS FORM — BASE 73
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public
Contract Code of the State of California, each bidder shall set forth below: (a) the name,
contractor's license number and the location of the place of business of and (b) the
portion of the work which will be done by each subcontractor who will perform work or
labor or render service to the Contractor in or about the construction of the work in an
amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price.
Notwithstanding the foregoing, if the work involves streets and highways, then the
Contractor shall list each subcontractor who will perform work or labor or render service
to Contractor in or about the work in an amount in excess of one-half of one percent
(1/2%) of the Contractor's Total Bid Price or $10,000, whichever is greater. The
Authority may, within Its sole discretion, grant additional time to provide the below
requested information.
If no subcontractor is specified for a portion of the Work, or if more than one
subcontractor is specified for the same portion of Work, to be performed under the
Contract in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price
or $10,000, whichever is greater, or if the work involves streets or highways, then the
Contractor shall be deemed to have agreed that it is fully qualified to perform that Work,
and that it shall perform that portion itself.
The completed form shall include a Department of Industrial Relations registration
number for all subcontractors. Failure to include a registration number may cause the
bid to be non -responsive.
Subcontractor's Name: 5 -Z 56k.►NG A.4) 5t7ztPt.44
License Number. 518410 DIR Contractor Registration No. /0000/6/95-
Business Address: 'O. Vox /Z785 , 1,,M DeSeltr. . CA 9Z255
Telephone: (760) 360 -Z?57
Work Description: At.CPAT' Sf7Lt1'tAIGI Percent of Work: 9.21
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description:
DIR Contractor Registration No.
SEcnoN 00440
LIST OF SUBCONTRACTORS FORM
-24-
Percent of Work:
Contract No. HA-35160 Bidders Initials___(„
SECTION 00440
LIST OF SUBCONTRACTORS FORM
LIST OF SUBCONTRACTORS FORM - Fir) di-feeidArE"
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public
Contract Code of the State of California, each bidder shall set forth below: (a) the name,
contractor's license number and the location of the place of business of and (b) the
portion of the work which will be done by each subcontractor who will perform work or
labor or render service to the Contractor in or about the construction of the work in an
amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price.
Notwithstanding the foregoing, if the work involves streets and highways, then the
Contractor shall list each subcontractor who will perform work or labor or render service
to Contractor in or about the work in an amount in excess of one-half of one percent
(1/2%) of the Contractor's Total Bid Price or $10,000, whichever is greater. The
Authority may, within its sole discretion, grant additional time to provide the below
requested information.
If no subcontractor is specified for a portion of the Work, or if more than one
subcontractor is specified for the same portion of Work, to be performed under the
Contract in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price
or $10,000, whichever is greater, or if the work involves streets or highways, then the
Contractor shall be deemed to have agreed that it is fully qualified to perform that Work,
and that it shall perform that portion itself.
The completed form shall include a Department of Industrial Relations registration
number for all subcontractors. Failure to include a registration number may cause the
bid to be non -responsive.
Subcontractor's Name: 5.2. Sa-A1./i44 SSrr2tP/,141 , , ,G
License Number. 51E1420 DIR Contractor Registration No. /0000 /95'
Business Address: 1 o. lox /4785 . Rwti brsEttr: CA 92255"
Telephone: (47f.o) 3 20 - 2157
Work Description: STrt t P/ Waf Percent of Work: 3.0 Z
Subcontractor's Name: G aAVL12. 6•VssRtiGrio,J Xeue
License Number: 5240 t 1 DIR Contractor Registration No. /OOOo// a45
Business Address: ro • $e/c 40 3 , 7;iE2.y grc. , GA 92274
Telephone: (7430 39c) ' 5308
Work Description: 7 _A AC. Percent of Work: Ze.o Z
SECTION 00440
LIST OF SUBCONTRACTORS FORM
-24-
Contract No. HA-35160 Bidders Initials ' /
SECTION 00440
LIST OF SUBCONTRACTORS FORM
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description:
DIR Contractor Registration No.
Name of Bidder Westcon Construction Group, Inc.
Signature
Name and Title Gary Spinettl, General Manager
Dated 4X/ild
Contract No. HA-35 r 60
Percent of Work:
END OF LIST OF SUBCONTRACTORS FORM
SECTION 00440
LIST OF SUBCONTRACTORS FORM
-25-
Bidders Initiab
SECTION 00441
IRAN CONTRACTING ACT CERTIFICATION
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code section 2204, the Contractor certifies
subject to penalty for perjury that the option checked below relating to the Contractor's
status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200
et seq.) is true and correct:
❑ The Contractor is not
(i) identified on the current list of persons and entities engaging in investment
activities in Iran prepared by the California Department of General
Services in accordance with subdivision (b) of Public Contract Code
section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the
amount of $20,000,000 or more to any other person or entity identified on
the current list of persons and entities engaging in investment activities in
Iran prepared by the California Department of General Services in
accordance with subdivision (b) of Public Contract Code section 2203, if
that person or entity uses or will use the credit to provide goods or
services in the energy sector in Iran.
❑ Authority has exempted the Contractor from the requirements of the Iran
Contracting Act of 2010 after making a public finding that, absent the exemption,
Authority will be unable to obtain the goods and/or services to be provided
pursuant to the Contract.
❑x The amount of the Contract payable to the Contractor for the Work does not
exceed $1,000,000.
/1 /124/4-.
Signed
Titled
Firm
Date
1 r
Gary spinetti, General Manager
Westcon Construction lion Group, Inc.
Nob: In accordance aids Public Contact Code section 2205, false certification of this form shad be reported to the Cakfomla
Attorney General and may result in dNl perWtla equal to the wester of $250.000 or Mite the Contract Price. termination of the
Contract and/or IneNplblbty to bid on eordecls for three years.
END OF IRAN CONTRACTING ACT CERTIFICATION
SECTION 00441
IRAN CONTRACTING ACT CERTIFICATION
26
Contract No. HA-35160
SECTION 00500
CONTRACT
CONTRACT
THIS CONTRACT is made this 12th day of May, 2016, in the County of
Riverside, State of California, by and between the Palm Desert Housing Authority,
hereinafter called Authority, and Westcon Construction Group. Inc., hereinafter called
Contractor. The Authority and the Contractor for the considerations stated herein agree
as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time
stipulated the Contract and shall provide all labor, materials, equipment, tools, utility
services, and transportation to complete all of the Work required in strict compliance
with the Contract Documents as specified in Article 5 below for the following Project:
LAS SERENAS PARKING LOT IMPROVEMENTS HA-35160
The Contractor and its surety shall be liable to the Authority for any damages arising as
a result of the Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of
the Work. The Work shall be commenced on the date stated in the Authority's Notice to
Proceed. The Contractor shall complete all Work required by the Contract Documents
within 50 calendar days from the commencement date stated in the Notice to Proceed,
hereinafter the Contract Time. By its signature hereunder, Contractor agrees the
Contract Time for completion set forth above is adequate and reasonable to complete
the Work.
ARTICLE 3. CONTRACT PRICE. The Authority shall pay to the Contractor as full
compensation for the performance of the Contract, subject to any additions or
deductions as provided in the Contract Documents, and including all applicable taxes
and costs, the sum of (**INSERT WRITTEN AMOUNT**]**] Dollars ($E**INSERT
NUMERICAL AMOUNT**]), hereinafter the Contract Price. Payment shall be made as
set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the
Authority will sustain actual damages for each and every day completion of the Project
is delayed beyond the Contract Time. Because of the nature of the Project, it would be
impracticable or extremely difficult to determine the Authority's actual damages.
Accordingly, as provided in Government Code section 53069.85, it is agreed that the
Contractor will pay the Authority the sum of $250 for each and every calendar day of
delay in completing the Work beyond the time prescribed in the Contract Documents for
SECTION 00500
CONTRACT
-1-
Contract No. HA-35160 Bidders Initials
SECTION 00500
CONTRACT
finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the
event the Liquidated Damages are not paid, the Contractor agrees the Authority may
deduct that amount from any money due or that may become due the Contractor under
the Contract. This Article does not affect the Authority's rights to other damages or
remedies specified in the Contract Documents or allowed by law.
Should Contractor be inexcusably delayed in the performance of the Work, Authority
may deduct Liquidated Damages based on its estimate of when Contractor will achieve
Final Completion or other milestones. Authority need not wait until Final Completion to
withhold Liquidated Damages from Contractor.
Liquidated Damages are not a penalty but an agreed upon estimate of the actual
damages that would be sustained by the Authority for delay, including but not limited to
Toss of revenue, inconvenience to the Authority and the public, and increased Project
administration expenses, such as extra inspection, construction management, staff time
and architectural and engineering expenses. Liquidated Damages do not include actual
damages the Authority incurs on account of claims by third parties against the Authority
on account of any delay.
Should money due or to become due to the Contractor be insufficient to cover
Liquidated Damages or other offsets due, then Contractor forthwith shall pay the
remainder of the assessed liquidated damages to Authority.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents"
include the following documents, each of which is incorporated into this Contract by
reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor's Certificate Regarding Workers' Compensation
Bid Bond
• Non -Collusion Declaration form
• Contractor Information and Experience Form
• List of Subcontractors Form
• Iran Contracting Act Certification
• Contract
• Performance Bond
• Payment Bond
SECTION 00500
CONTRACT
-2-
Contract No. HA-35160 Bidders Initials
SECTION 00500
CONTRACT
• Environmental documents and approvals
• General Conditions
• Special Conditions
• Technical Specifications (including Appendices)
• Addenda
• Plans and Drawings
• Approved and fully executed change orders
• Federal Requirements
• Prevailing Wage Rates
• Standard Specifications for Public Works Construction (Greenbook), 2012 Edition,
except Sections 1-9
• Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract
Documents.
All of the Contract Documents are intended to be complementary. Work required by one
of the Contract Documents and not by others shall be done as if required by all. This
Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in
these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including but not limited
to, the provisions of the California Labor Code and Public Contract Code applicable to
this Project.
If the Work involves federal funds, the Contractor and all its subcontractors shall comply
with all requirements set forth in the attached Federal Requirements.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth
in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing
rate of wages in accordance with the Labor Code which such rates shall be obtained
online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
ARTICLE 9. NOTIFICATION TO AUTHORITY. Contractor acknowledges that the
Authority provides forty-eight (48) hours -notice to residents in advance of the start of
any Work that is to occur at any residential unit. Contractor shall provide sufficient
SECTION 00500
CONTRACT
-3-
Contract No. HA-35160 Bidders Initials
SECTION 00500
CONTRACT
notice to the Authority before beginning any such Work so that the Authority may
provide timely notice to residents. The Authority shall be given at least 48 hours -notice
prior to the creation of any condition affecting pedestrian paths of travel. Contractor
shall continuously inform Authority of the progress of the Work or of any impacts of the
Work upon residential units or facilities.
ARTICLE 10. LOCAL LICENSES AND PERMITS. Unless the Contract Documents
state otherwise, Contractor shall be responsible for securing City of Palm Desert
business license(s), building permits, and any other licenses or permits necessary to
perform the Work.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named
parties, on the day and year above written.
!NAME OF CONTRACTOR1 PALM DESERT HOUSING AUTHORITY
By By
Name and Title: Name and Title:
License No.
DIR Registration No.
SECTION 00500
CONTRACT
-4-
Contract No. IIA-35160 Bidders Initials
SECTION 00500
CONTRACT
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Califomia
County of
)
On before me,
(insert name and title of the officer)
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 Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
END OF CONTRACT
SECTION 00500
CONTRACT
-5-
Contract No. HA-35160 Bidders Initials
SECTION 00610
PERFORMANCE BOND
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
"Authority") has awarded to Westcon Construction Group. Inc., (hereinafter referred to
as the "Contractor") an agreement for Las Serenas
Parking Lot Improvement (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated Mav 12. 2016, (hereinafter
referred to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform
the terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, Westcon Construction Group. Inc. , the undersigned
Contractor and as Surety, a
corporation organized and duly authorized to transact business under the laws of the
State of California, are held and firmly bound unto the Authority in the sum of TWO
HUNDRED AND FIFTY-SEVEN THOUSAND NINE HUNDRED AND NINTEY
DOLLARS, ($257,990), said sum being not less than one hundred percent (100%) of
the total amount of the Contract, for which amount 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 the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one-year guarantee of all materials and workmanship;
and shall indemnify and save harmless the Authority and City, their officers and agents,
as stipulated in said Contract Documents, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
The obligations of Surety hereunder shall continue so long as any obligation of
Contractor remains. Nothing herein shall limit the Authority's rights or the Contractor or
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure section 337.15.
SECTION 00610
PERFORMANCE BOND
-6-
Contract No. HA-35160
SECTION 00610
PERFORMANCE BOND
Whenever Contractor shall be, and is declared by the Authority to be, in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the Authority's option:
(1) Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the Authority, and make
available as work progresses sufficient funds to pay the cost of completion
of the Project, less the balance of the contract price, including other costs
and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to
the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the Authority to complete the Project in any manner consistent with
local, California and federal law and make available as work progresses
sufficient funds to pay the cost of completion of the Project, Tess the
balance of the contract price, including other costs and damages for which
Surety may be liable. The term "balance of the contract price" as used in
this paragraph shall mean the total amount payable to Contractor by the
Authority under the Contract and any modification thereto, less any
amount previously paid by the Authority to the Contractor and any other
set offs pursuant to the Contract Documents.
Surety expressly agrees that the Authority may reject any contractor or
subcontractor which may be proposed by Surety in fulfillment of its obligations in the
event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety
accept a bid from Contractor for completion of the Project if the Authority, when
declaring the Contractor in default, notifies Surety of the Authority's objection to
Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder 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
SECTION 00610
PERFORMANCE BOND
-7-
Contract No. HA-35160
SECTION 00610
PERFORMANCE BOND
addition to the terms of the Contract Documents or to the Project, including but not
limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 20j.
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and
evidence of corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title
The rate of premium on this bond is
premium charges, $
(The above must be filled in by corporate attorney.)
per thousand. The total amount of
SECTION 00610
PERFORMANCE BOND
-8-
Contract No. HA-35160
SECTION 00610
PERFORMANCE BOND
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
SECTION 00610
PERFORMANCE BOND
-9-
Contract No. HA-35160
SECTION 00610
PERFORMANCE BOND
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of Califomia
County of
On before me,
(insert name and title of the officer)
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)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
SECTION 00610
PERFORMANCE BOND
-10-
Contract No. HA-35160
SECTION 00620
PAYMENT BOND
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the
"Authority"), by action taken or a resolution passed Mav 12, , 2016 has awarded to
Westcon Construction Group, Inc. hereinafter designated as the "Principal," a
contract for the work described as follows:
Las Serenas Parking Lot Improvements (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set
forth in the Contract Documents for the Project dated Mav 12. 2016 ("Contract
Documents"), the terms and conditions of which are expressly incorporated by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for
the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as
Surety, are held and firmly bound unto the Authority in the penal sum of TWO
HUNDRED AND FIFTY-SEVEN THOUSAND NINE HUNDRED AND NINETY Dollars
($ 257.990) lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any
materials, provisions or other supplies, used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind, or amounts
due under the Unemployment Insurance Code with respect to work or labor performed
under the contract, or for any amounts required to be deducted, withheld, and paid over
to the Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100
of the Civil Code so as to give a right of action to such persons or their assigns in any
suit brought upon this bond.
SECTION 00620
PAYMENT BOND
- 11 -
Contract No. 11A-3 5160
SECTION 00620
PAYMENT BOND
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety
be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or Authority and original contractor
or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has
not been paid the full amount of his claim and that Surety does hereby waive notice of
any such change, extension of time, addition, alteration or modification herein
mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20_.
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Surety
By
Title
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notified and evidence
of corporate authority attached. A Power -of -Attorney authorizing the person signing on
behalf of the Surety to do so much be attached hereto.
SECTION 00620
PAYMENT BOND
- 12 -
Contract No. HA-35160
SECTION 00620
PAYMENT BOND
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
(insert name and title of the officer)
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.
WVITNESS my hand and official seal.
Signature (Seal)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
SECTION 00620
PAYMENT BOND
-13-
Contract No. HA-35160
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LAS SERENAS
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