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HomeMy WebLinkAboutC38840D Constrction of CV Link 707-20CONTRACT NO. C38840D STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: July 9, 2020 PREPARED BY: Randy Bowman, Project Manager REQUEST: Award Contract No. C38840D in the amount of $5,581,855 to Granite Construction Company of Indio, California, for the construction of the CV Link Project (Project No. 707-20). Recommendation By Minute Motion: 1. Award Contract No. C38840D in the amount of $5,581,855 to Granite Construction Company of Indio, California, for the construction of the CV Link Project (Project No. 707-20); 2. Authorize the Director of Finance to set aside a 15 percent contingency in the amount of $837,278; 3. Authorize the City Manager or designee to review and approve written change order requests for amounts up to $50,000 each and a cumulative maximum amount of $500,000 for the use of contingency for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; and, 4. Authorize the Mayor to execute the agreement. Funds have been appropriated in Account No. 2314670-5000202, New Construction Tax Account. Strategic Plan The CV Link Improvements fulfill priorities identified in the City's Strategic Plan, including the following: • Land Use, Housing & Open Space — Priority 1: "Enhance Palm Desert as a first- class destination for premier shopping and national brand businesses." • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Tourism and Marketing — Priority 3: "Attract new and developing travel/tourism markets." July 9, 2020 - Staff Report Award Contract No. C38840D for the Construction of CV Link (Project No. 707-20) Page 2 of 4 • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles." • Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." • Parks and Recreation — Priority 2: 'Assure a continuing flow of innovative ideas by seeking creative partnerships, ensuring adequate staffing, and encourage resident input." • Parks and Recreation — Priority 3: "Make recreational and exercise opportunities pervasive in all public spaces. " Background Analvsis Referring to the attached Vicinity Map, the Palm Desert on -street CV Link route is aligned along Painters Path from the Bump and Grind trailhead to Park View Drive; Park View Drive from Highway 111 to Monterey Avenue; Monterey Avenue from Park View Drive to Magnesia Falls Drive; and Magnesia Falls Drive from Monterey Avenue to Deep Canyon Road. Also shown on the Vicinity Map is the shared use path known as the Hovley Connector, which will be constructed via a separate construction contract later in 2020 within City -owned property along the eastern boundary of the Coachella Valley Water District property from the Whitewater Channel to Hovley Lane East. Staff continues to work with Coachella Valley Water District (CVWD) and Coachella Valley Association of Governments (CVAG) to complete the design of the Hovley Connector segment. This segment will be the City's second construction contract for the overall CV Link project through Palm Desert, which the City anticipates advertising in September 2020. Construction completion is expected over the summer next year. At its September 12, 2019, meeting, the City Council adopted City Council Resolution No. 2019-76 approving General Plan Amendment (GPA) 19-0001 and an Addendum to the CV Link Environmental Impact Report (EIR); approved a Cooperative Agreement with CVAG for the CV Link Project; awarded Contract No. C38840 to DHS Consulting, LLC of San Diego, California, for construction management services and appropriated $453,624 for the same from New Construction Tax Fund; authorized the City Manager to execute the Purchase and Sale Agreement and Escrow Instructions for the Eldorado West land purchase; and authorized staff to advertise and call for bids for the construction contract. At its March 26, 2020 meeting, the City Council approved Contract No. C38840E, a Temporary Construction Access Easement Agreement with the Desert Community College District for construction of the CV Link Project. July 9, 2020 - Staff Report Award Contract No. C38840D for the Construction of CV Link (Project No. 707-20) Page 3 of 4 The Project was appropriately advertised for bid on March 30, 2020, and on May 19, 2020, one bid was received via the City's online PlanetBids bidding portal with the following results: Contractor Location Base Bid Amount Granite Construction Company Indio, California $5,570,155.00 The final engineer's estimate for construction is $5,272,259.04, which places the bid at six (6) percent higher than the engineer's estimate, with which City staff and CVAG staff concur. Following the bid opening date, staff contacted nine (9) prime contractors who had purchased bid packages to learn why they did not submit a bid. Six (6) contractors responded with the following feedback: • Timing did not work out and project was too large for them • Passed on bidding for other larger opportunities, and are busy • Primarily an asphalt contractor, not enough paving • Too much specialty work and project was too large for them • Not in their expertise, and too busy to venture out for additional work • Too busy with other projects The project was bid with an Additive Bid Item, but the bids are evaluated solely on the Base Bid alone. Per Contract No. C31910 between the City and CVWD, all paving projects include an additive alternate bid item to raise the valves and manholes to the new grade on behalf of CVWD. CVWD has the option of accepting the price from the City's contractor and reimbursing the City for the work or using their own forces to perform the work. CVWD has accepted the price of Bid Alternate AA-1 provided by the contractor for the subject alternate bid item, which is $11,700.00. Therefore, the total contract price is $5,581,855.00, which includes raising the valves and manholes to grade. The City will be reimbursed by CVWD for work done on their behalf following completion of the project. Fiscal Analvsis Per the Cooperative Agreement between the City and CVAG, Contract No. C3884013, CVAG will reimburse the City 100 percent of the project construction cost, including the construction contract, contingency used, and the construction management services contract. July 9, 2020 - Staff Report Award Contract No. C38840D for the Construction of CV Link (Project No. 707-20) Page 4 of 4 LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A '76m CfQltCia gam mil. �%looro Robert W. Hargreaves City Attorney Tom Garcia, P.E. Janet M. Moore Director of Public Director of Finance Works City Manager, Lauri Aylaian: CONTRACTOR: Granite Construction Company 38000 Monroe Street Indio, California 92203 ATTACHMENTS: 1) Contractor's Bid 2) Agreement and Bonds 3) Vicinity Map 4) CVAG Letter of Support 5) CVWD Acceptance of Bid Alternate Body 1'"' wade Andy Firestine Assistant City Manager City of Palm Desert Page 1 CV LINK ON -STREET CLASS IV AND NEV PATH (20-08), bidding on May 19, 2020 2:00 PM (Pacific) Printed 05/19/2020 Bid Results Bidder Details Vendor Name Granite Construction Company Address 38000 Monroe Street Indio, CA 92203 United States Respondee Joseph P.Richardson Respondee Title Regional Chief Estimator Phone 760-391-6247 Ext. Email joe.richardson@gcinc.com Vendor Type CADIR License # 89 CADIR 1000000085 Bid Detail Bid Format Electronic Submitted May 19. 2020 1:53:35 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 210142 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type GCCO Bid Docs CV Link 707-20 GCCO Bid Docs CV Link 707-20.pdf General Attachment Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Item 1 MOBILIZATION/ DEMOBILIZATION (NOT TO EXCEED 5% OF SUBTOTAL) 1 LS 1 $258,000 00 $258,000.00 2 TRAFFIC CONTROL (INCLUDING CONSTRUCTION SIGNS AND CHANGEABLE MESSAGE SIGNS) 2 LS 1 $154,000 00 $154,000.00 3 STORMWATER CONTROL, SWPPP & BMP IMPLEMENTATION 3 LS 1 $15,000.00 $15,000.00 4 MONUMENT PRESERVATION AND RESTORATION 4 LS 1 $15,000.00 $15,000.00 5 PERMITTING (INCLUDING FEES) 5 LS 1 $500 00 $500.00 City of Palm Desert Page 2 CV LINK ON -STREET CLASS IV AND NEV PATH (20-08), bidding on May 19, 2020 2 00 PM (Pacific) Printed 05/19/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 6 CONSTRUCTION SURVEY AND STAKING 6 LS 1 $85,000.00 $85,000.00 7 AS-BUILTS 7 LS 1 $500.00 $500.00 8 CLEARING AND GRUBBING (REMOVALS SIDEWALK, CURB, GUTTER, SOD, TREES, SHRUBS, CROSS GUTTER, AC PAVEMENT, CATCH BASIN, RCP PIPE) 8 LS 1 $250,750.00 $250,750.00 9 UNCLASSIFIED EXCAVATION (F) 9 CY 800 $80.00 $64,000.00 10 FINISHED ROADWAY GRADING/ UNCLASSIFIED FILL (F) 10 CY 262 $150 00 $39,300.00 11 ASPHALT CONCRETE PAVEMENT 11 TON 409 $230.00 $94,070.00 12 2" ASPHALT RUBBER HOT MIX (ARHM) TYPE ARHM-GG-C 12 TON 1845 $105.00 $191725.00 13 SLURRY SEAL 13 SF 143000 $0.85 $121,550.00 14 CLASS 2 AGGREGATE BASE 14 CY 816 $80.00 $65,280.00 15 DECOMPOSED GRANITE (PATHWAY) 15 SF 17331 $2.00 $34,662.00 16 4" CONCRETE SIDEWALK 16 SF 3100 $9.25 $28,675.00 17 7" CONCRETE SIDEWALK (PATHWAY) 17 SF 25123 $16.50 $414,529.50 18 CURB RAMP 18 EA 13 $1,500.00 $19,500.00 19 8" CURB AND GUTTER (TYPE 1) 19 LF 1600 $35.00 $56,000.00 20 8" CURB (TYPE II) 20 LF 900 $48.00 $43,200.00 21 CONCRETE CROSS GUTTER (TYPE II) 21 SF 2764 $13.75 $38,005.00 City of Palm Desert Page 3 CV LINK ON -STREET CLASS IV AND NEV PATH (20-08), bidding on May 19, 2020 2.00 PM (Pacific) Printed 05/19/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 COBBLE STONES TO MATCH EXISTING 22 SF 500 $33.00 $16,500.00 23 GLASS SEEDED CONCRETE 23 SF 740 $100 00 $74,000.00 24 COLD MILL EXISTING PAVEMENT 24 SF 130910 $0 35 $45,818.50 25 PRECAST CONCRETE BARRIER 25 LF 10995 $62.00 $681,690.00 26 CURB INLET (W = 14') 26 EA 1 $19,000.00 $19,000.00 27 CURB INLET (W = 3.5') 27 EA 2 $7.300.00 $14,600.00 28 LOCAL DEPRESSION 28 SF 150 $25 00 $3,750 00 29 CONCRETE COLLAR 29 EA 1 $M.00 $850.00 30 MODIFY CURB INLET TO MANHOLE 30 EA 2 $10,000.00 $20,000.00 31 12" RCP 31 LF 30 $300 00 $9,000 00 32 SOLAR LED PATH MARKERS 32 EA 920 $75.00 $69,000.00 33 RETAINING WALL (TYPE 1A) 33 LF 315 $380.00 $119,700.00 34 SPREAD FOOTING 34 CY 175 $520 00 $91.000.00 35 LOOP DETECTORS AND LEAD-IN CABLE REPLACEMENT 35 EA 6 $6,500.00 $39,000.00 36 SIGNING AND STRIPING 36 LS 1 $1,250,00000 $1,250,000.00 37 TRAFFIC SIGNAL MODIFICATION (MONTEREY/ PARKVIEW) 37 LS 1 $90,000.00 $90,000.00 City of Palm Desert CV LINK ON -STREET CLASS IV AND NEV PATH (20-08), bidding on May 19, 2020 Z00 PM (Pacific) Bid Results Type Item Code UOM Oty Unit Price 38 TRAFFIC SIGNAL MODIFICATION (MAGNESIA FALLS/PORTOLA) 38 LS 1 $85,000.00 39 BUMP AND GRIND TRAILHEAD IMPROVEMENTS 39 LS 1 $950,000 00 Subtotal Alternate Bid Item 40 ADJUST MANHOLES AND VALVES TO GRADE AA-1 EA N $1, 300.00 Subtotal Total Page 4 Printed 05/19/2020 Line Total Comment $85,000.00 $950,000.00 $5,570,155.00 $11, 700.00 $11,700.00 $5, 581,855.00 CONTRACT FOR CONSTRUCTION This Contract for Construction ("Contract'), No. C38840D, is made and entered into this 9th day of July. 2020, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the "City" and Granite Construction Companv, sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in 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: CV LINK ON -STREET CLASS IV AND NEV PATH PROJECT NO. 707-20 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City 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 City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 240 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City 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 Five Million Five Hundred Eighty -One Thousand Eight Hundred Fiftv-Five Dollars ($5.581,855.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City 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 City's actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may CV LINK ON -STREET CLASS IV AND NEV PATH -1- CONTRACT FOR CONSTRUCTION deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor 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. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. CV LINK ON -STREET CLASS IV AND NEV PATH -2- CONTRACT FOR CONSTRUCTION ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. 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 California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense 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 made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CV LINK ON -STREET CLASS IV AND NEV PATH -3- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. CITY OF PALM DESERT By: Gina Nestande MAYOR ATTEST: IN Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: as Best Best & Krieger LLP City Attorney (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) GRANITE CONSTRUCTION COMPANY [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] 0 Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED] By: Its: Printed Name: Contractor's License Number and Classification DIR Registration Number END OF CONTRACT CV LINK ON -STREET CLASS IV AND NEV PATH -4- CONTRACT FOR CONSTRUCTION Notary 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 . 20, before me, 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s) Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Limited General Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CV LINK ON -STREET CLASS IV AND NEV PATH -5- CONTRACT FOR CONSTRUCTION BONDFORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the "City") has awarded to Granite Construction Companv, (hereinafter referred to as the "Contractor") an agreement for Contract No. C38840D, (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 March 23. 2020, (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, Granite Construction Companv, 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 City in the sum of Five Million Five Hundred Eiahty-One Thousand Eight Hundred Fiftv-Five Dollars ($5.581.855.001, 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 (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, 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. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under CV LINK ON -STREET CLASS IV AND NEV PATH -6- BOND FORMS the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 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 City, 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 City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law 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 City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City 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 City, when declaring the Contractor in default, notifies Surety of the City'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 addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CV LINK ON -STREET CLASS IV AND NEV PATH -7- BOND FORMS 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 Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title The rate of premium on this bond is per thousand. The total amount of premium charges is $ (The above must be filled in by corporate attorney.) 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) CV LINK ON -STREET CLASS IV AND NEV PATH -8- BOND FORMS Notary 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 . 20, before me, , 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 Individual i Corporate Officer Title(s) Partner(s) Attorney -I n-Fact Trustee(s) i Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Limited General Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. CV LINK ON -STREET CLASS IV AND NEV PATH -9- BOND FORMS Notary 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 . 20, before me, , 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney -I n-Fact Trustee(s) Guardian/Conservator Date of bocument Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND CV LINK ON -STREET CLASS IV AND NEV PATH _1 0_ BOND FORMS Pavment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the "City"), by action taken or a resolution passed July 9th, 2020, has awarded to Granite Construction Companv hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. C38840D (the "Project"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated March 23, 2020, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein 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 City in the penal sum Five Million Five Hundred Eighty -One Thousand Eiqht Hundred Fiftv-Five Dollars ($5,581,855.001 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 Civil Code Section 9100, 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 Revenue and Taxation Code Section 18663, 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, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this 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 CV LINK ON -STREET CLASS IV AND NEV PATH 11 BOND FORMS 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 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 the City 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 Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract 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 addition to the terms of Contract, 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 , 20_. (Corporate Seal) (Corporate Seal) Contractor/ Principal 10 Title Surety M Attorney -in -Fact (Attach Attorney -in -Fact Certificate) Title CV LINK ON -STREET CLASS IV AND NEV PATH 12 BOND FORMS Notary 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 , 20, before me, , 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s) Limited General Attorney -In -Fact i Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. CV LINK ON -STREET CLASS IV AND NEV PATH 13 BOND FORMS Notary 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 20, before me, , 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual i Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney -I n-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND CV LINK ON -STREET CLASS IV AND NEV PATH 14 BOND FORMS CVAG CITY OF PALM DESERT PHASE 1 CITY OF PALM DESERT PHASE 2 CONSTRUCTION LEAD: June 11, 2020 Tom Garcia Director of Public Works City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Garcia: CV As Executive Director of the Coachella Valley Association of Governments (CVAG), I am writing to express support for the City staffs recommendation to award the Palm Desert CV Link on -street construction contract to Granite Construction Company. We look forward to getting the City -led project under construction as part of our broader effort to build 20 miles of CV Link in 2020. CVAG in 2011 started working on plans for a multi -modal pathway that spans across the Coachella Valley to provide a safer route for pedestrians, cyclists and low -speed neighborhood electric vehicles, Most of the CV Link route is being built along the top bank of the Whitewater River/ Coachella Valley Stormwater Channel. However, in the City of Palm Desert, the majority of the route is on -street, where the City has existing right-of-way. CVAG entered into a cooperative agreement with the City in September 2019, which allowed the process of awarding a construction contract to be quicker than the other miles we are constructing this year. CVAG has worked closely with the City to get this project finalized and advertise the construction bid process, which occurred on March 30, 2020, The City has conducted its bidding according to the terms of the cooperative agreement between CVAG and the City_ One bid was received by May 19, 2020 deadline. While we had hoped for additional bids, CVAG staff concurs that the bid nevertheless is competitively priced, being less than six percent over the engineer's final estimate. Knowing that unforeseen issues arise in construction, we encourage the City to set aside contingency so the construction team can resolve those issues timely and keep the project on schedule. At the same time, CVAG staff continues to work with the City to complete the design of the second portion of the City's CV Link route between the Whitewater Channel and Hovley Lane East, known as the Hovley Connector. We hope to see it completed in 2021. CVAG appreciates our partnership with the City on this project, particularly the continued support from the Palm Desert City Council on completing CV Link for the Coachella Valley. Far too many people get hit and killed riding their bikes or walking along the valley's roadways, and creating safe pathways like CV Link will help save lives. Please don't hesitate to contact me at (760) 346-1127 if I can provide any additional information. Sincerely, Tom Kirk CVAG Executive Director CITY OF BLYTItE - CITY OF CATHEDRAL CITY • CITY OF COACPELLA - CI I OF DESERT HOT SPRINGS • CITY OI INDIAN WELLS CITY OF INDIO • CITY of LA QUINTA - CITY Of PALM DESERT - CI I OF PALM SPRINGS • CITY OP PANCIIO MIRAGE - COUNI Y OF RIVERSIDE AGUA CALIENTE BAND OF CANUILLA INDIANS • CADAION BAND OF MISSION INDIANS From: Tyler Hull [mailto:THull@cvwd.org] Sent: Thursday, May 21, 2020 1:54 PM To: Bowman, Randy <rbowman@cityofpalmdesert.org> Cc: Michael Dietrick <MDietrick@cvwd.org>; Gilbert Rodriguez <Gilbert.Rodriguez@cvwd.org>; Mike Morales <MMorales@cvwd.org> Subject: RE: Bid results for City's CV Link project (Project No. 707-20) Hi Randy- We have review the project and bids by Granite Construction for $1,300.00 Each to adjust Valves and Manholes to grade. Please accept these bids in CVWD’s behalf. I will follow-up tomorrow with inspection number for you to give to Granite. Please keep us posted regarding the start date and pre- con. Thank you, Tyler Hull Utility Coordinator Coachella Valley Water District (760) 398-2661 ext. 2571 www.cvwd.org