The URL can be used to link to this page

Home My WebLink AboutC35310A Line 4 Drainage Project 522-16CONTRACT NO. C35310A STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: June 13, 2019 PREPARED BY: Ryan Gayler, Project Administrator REQUEST: Adopt the California Environmental Quality Act (CEQA) Notice of Exemption for the Line 4 Drainage Project and award Contract No. C35310A in the amount of $4,018,922.00 to Granite Construction Company of Indio, California (Project No. 522-16). Recommendation By Minute Motion: 1. Adopt the CEQA Notice of Exemption for the Line 4 Drainage Project; 2. Award Contract No. C35310A, including bid alternate #1, in the amount of $4,018,922 to Granite Construction Company of Indio, California, for the construction of the Line 4 Drainage Project; 3. Authorize the Director of Finance to set aside a 10% contingency in the amount of $401,892; 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No., 1335; and 5. Authorize the Mayor to execute the Agreement. Funds are available in Account No. 4514690-4400100, Capital Bond Funds for the Storm Drain Construction - $2,448,635; and Account No. 2134311-4332000, Measure "A" Street Maintenance for the street reconstruction on Tamarisk Row - $1,972,179. Strateqic Plan The proposed action will further the goals of the Strategic Plan by providing a safe, efficient, and reliable transportation system for residents and visitors. Background Analvsis The City has invested heavily in storm drain systems, and that investment has paid off by protecting property owners from damage due during major storms. However, in 2007 a drainage masterplan was created that identified the eastern portion of the City as an area requiring improvements. June 13, 2019 - Staff Report Award Contract No. C35310A to Granite Construction for Line 4 Drainage Project Page 2 of 3 During a major storm in September 2014, Country Club Drive was inundated with water, breaching the City's right-of-way and disrupting access for emergency services. The City contracted with Michael Baker International (MBI) in 2016 to design storm drain improvements that will prevent flood water from overflowing into the public right-of-way, even during large storms. MBI has completed the construction plans for the three drainage locations as listed below: 1) Country Club Drive will have 2,600 feet of storm drain installed from Freedom Park to Oasis Club Drive, reducing the likelihood of street closures during large storms. 2) Tamarisk Row will have 4,400 feet of storm drain installed between Frank Sinatra Drive and Country Club Drive. Upon completion of the storm drain construction, the entire street will be reconstructed and repaved. 3) Eldorado will have 430 feet of storm drain constructed to eliminate ponding in the low area south of Frank Sinatra Drive. The Director of Community Development has determined that the proposed Line 4 Drainage project is exempt under CEQA Section 15301, as the improvements are being placed under the existing street with no significant impact to the environment. Therefore, staff is recommending that the City Council adopt a Notice of Exemption for the purposes of CEQA. The Project was advertised for bid and on May 29, 2019, sealed bids were received and opened by the Office of the City Clerk with the following results: Contractor Location Bid Amount Granite Construction Company Indio, CA $3,954,922.00 G.J. Gentry, General Engineering Upland, CA $4,615,193.67 Matich Corporation Highland, CA $4,695,000.00 Weka, Inc. Highland, CA $4,927,456.00 O'Duffy Brothers Romoland, CA $5,130,565.00 J.M. Olivera, Inc. Highland, CA $5,345,229.00 T.E. Roberts, Inc. Orange, CA $7,002,360.00 The project is expected to begin in July and be completed in October of 2019. The Construction of this drainage project has some challenging aspects that must be addressed. For example, the storm drain on Country Club Drive runs past Ronald Regan Elementary School, so the contractor must complete the major elements of the construction before the beginning of the school year on August 22, 2019. Additionally, due to the depth of the trenches and the limited space in the street, the contractor will have to set up detours on Country Club Drive and on Tamarisk Row. Westbound traffic on Country Club Drive will be detoured into the eastbound lanes. Traffic will be reduced to one lane in each direction on the south side of the median island. On Tamarisk Row, traffic will be reduced to a single eastbound/southbound lane, and the June 13, 2019 - Staff Report Award Contract No. C35310A to Granite Construction for Line 4 Drainage Project Page 3 of 3 northbound lane will be closed to through traffic. The contractor must maintain right -in and right -out access for Regency Way throughout construction. All other entrances to gated communities will maintain full access during the storm drain installation. The City will convey information regarding traffic control and work schedules to the nearby residents throughout the project. Fiscal Analvsis The installation of storm drain and catch basins will cause a small increase in the annual cost of cleaning catch basins citywide. Per an agreement (Contract No. C31910) the City has with the Coachella Valley Water District (CVWD), all paving projects include an 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 #1 provided by the contractor for the subject alternate bid item. Therefore, the contract price is increased by $64,000 to include raising the valves and manholes to grade. The City will be reimbursed by CVWD for work done on their behalf upon completion of the project. LEGAL REVIEW Approved as to Form N/A Robert W. Hargreaves City Attorney CONTRACTOR FINANCIAL REVIEW r Janet oche Direct r of Finance Granite Construction Company 38000 Monroe Street Indio, CA 92203 DEPT. REVIEW To arcia, P.E. Director of Public Works ATTACHMENTS: 1) CEQA Notice of Exemption 2) Contractor's Bid 3) Agreement and Bonds 4) Vicinity Map CITY MANAGER Lauri Aylaian City Manager Print Form I Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 County Clerk County of: Riverside Project Title: Line 4 Drainage Project Project Applicant: City of Palm Desert From: (Public Agency): City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (Address) Appendix E Project Location - Specific: The project is made up of storm drain improvements in three separate locations. 1. Country Club: Freedom Park to Oasis Club. 2. Tamarisk Row: Frank Sinatra to Country Club 3. Eldorado: north of Palm Valley Drive Project Location - City: Palm Desert Project Location - County: Riverside Description of Nature, Purpose and Beneficiaries of Project: This project installs storm drain to remove water from flowing on the street surface during rain events. The project will reduce the likelihood of flooding in the three locations. Name of Public Agency Approving Project: City of Palm Desert Name of Person or Agency Carrying Out Project: City of Palm Desert Exempt Status: (check one): ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); 0 Categorical Exemption. State type and section number: Section 15301. Existing Facilities. Class 1 ❑ Statutory Exemptions. State code number: Reasons why project is exempt: This project meets the requirements of Title 14, Article 19, Section 15301. The project was reviewed and analyzed and it was determined that there would be little or no impact to the environment or environmental resources. Because the project simply relocates storm water from the street surface into a pipe underground, there is negligible expansion of an existing use. Lead Agency Ryan Gayler 760-776-6393 Contact Person: Area Code/Telephone/Extension: If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a No/tiicce of xem tion en filed by the public agency approving the project? .❑ Yes ❑ No Signature: `� �' Date: June 4, 2019 Title: City Engineer N 10 Signed by Lead Agency ❑ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Revised 2011 C — CONTRACTOR'S BID LINE 4 DRAINAGE PROJECT PROJECT NO. 522-16 CONTRACT NO. C35310A TO: CITY OF PALM DESERT, "CITY" DATE: 05/29/2019 BIDDER: Granite Construction Comnami "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, LINE 4 DRAINAGE PROJECT, PROJECT NO. 522-16, CONTRACT NO. C35310A, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1, 2, 3 for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2 The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying cash, 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 cash, check or B i d B o n d is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. C-1 a It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. I Mobilization LS 1 2 Traffic Control LS 1 3 Dust Control — PM-10 plan LS 1 4 Water Pollution Control - SWPPP LS 1 I COUNTRY CLUB DRIVE — SITE "A" Al Removals — Site "A" LS A2 Construct 36" High Performance LF Polypropylene Pipe A3Construct 24" High Performance LF Polypropylene Pipe 1 A4 Construct 18' High Performance LF Polypropylene Pipe A5 Construct Manhole No. 1 per EA RCFC&WCD Std. MH251 A6 Construct Manhole No. 4 per EA RCFC&WCD Std. MH254 A7 Construct Catch Basin per RCFC&WCD EA Std. CB100 (W=7') A8 Construct Catch Basin per RCFC&WCD EA Std. CB100 (W=14') A9 Construct Catch Basin per RCFC&WCD EA Std. CB100 (W=21') A10 Construct Catch Basin per RCFC&WCD EA Std. CB1D0 (W=28') All Construct Local Depression per EA RCFC&WCD Std. LD201 Al2 Connect to existing SD Manhole EA Construct concrete sidewalk per City of A13 Palm Desert Std. 104.4" thick unless SF ptherwise noted on plans C-2 } $1100,DDOW $1100i000SO $11'1"r512p $12LIsn"—~ $ I, 500 $ 1, 500 to. $ 12100oel $111000 +o 1 $ 35, ODD o $ 35, 000 •- 2,650 $ 11 0 4-" $ Z91, so0- 100 $ 180 2! $ 18, 0 e0'- 250 $ 1410S0. $ 1-7` 500tt 11 $8�$00t— $13,So0 '.bI 1 $ I2, 500e $ 12, 500 ! 1 ; $ 9, ZOD.e $ 9. Zoo to- 1 $ eo 11.000 - $ 14, 000°e 1 $18,000� $ lei 000•o- 2 $Z31000! $44,0001-' 5 $ y, 5ooes $22, 500~ 1 $ 9, Soo~ $ 9, $Zoe $ $ 310 30'- q�3oo•� i . A14 Construct Concrete Curb and Gutter per City of Palm Desert Std. 102. A15 Construct Trench Paving per City of Palm Desert Std. 113 A16 Construct Concrete Collar per M803 A17 Install Wrought Iron Gate A18 Construct Striping per Caltrans Specification 6-02 A19 Traffic Signal Loops (S) A20 Traffic Signal Conduit Relocation (S) TAMARISK ROW DRIVE - SITE "B" B1 Removals — Site "B" B2 Construct 24" High Performance Polypropylene Pipe B3 Construct 18" High Performance Polypropylene Pipe B4 Construct Manhole No. 1 per RCFCBWCD Std. MH251 B5 Construct Catch Basin per RCFCBWCD Std. CB100 (W=7') B6 Construct Local Depression per RCFCBWCD Std. LD201 B7 Construct Junction Structure per RCFDCBWCD Std. JS226 B8 Construct Manhole No. 4 per RCFCBWCD Std. MH254 B9 Construct 4" thick concrete sidewalk per City of Palm Desert Std. 104 B10 Construct Trench Paving per City of Palm Desert Std. 113 B11 Construct Striping per Caltrans Specification 6-02 B12 Remove Base and Surfacing —12" B 13 Construct Aggregate Base — 7.5" 814 Construct Warm -Mix Asphalt —4.5" B15 Traffic Signal Loops (S) B16 3" Traffic Signal Conduit —18" depth B17 3" Traffic Signal Conduit — 4' depth B18 Extend Advance Loop Conduit 2" (S) LS EA EA LS EA LF 1 1 1 1 42 200 LS 1 LF 4,250 LF 480 EA 19 EA 11 EA 11 EA 1 EA 1 SF 70 LS 1 LS SF SF SF EA LF LF LF C-3 Revised 1 460,000 460,000 460,000 11 2,750 4,600 130 $ 2350 $ %-100e_ $2401006 " 2 40, 000 �� $ qbo°-° $ 4ob°! $ b, Soo"-° $ b, soo so $ •• 24,boo - $ Zy,000�• $ 3-7o`t $ 1 s, 540te- $ 135"= $ 277,00oer $4, loo'= $ &, loot! $ -70! $323,000°- $ 1(. 5� $ i9, Zoo` $ 8, 500~ $ 141, Wit! $ 9, Zee" $ 101, Zdp°• $ y, Soo.. $ 49,500 e $ 8,20D�° $ e,zoov $ I7, Soo �e 00 $ 12, $06 $ 8ot- $ 5,bo0 t.0— $ S60 •- $ t $ 35,000!! $ 35,oco~ $ 010— $ 31Z 1000re $ 0 $ tb2, 2od=o $ Z is $ t, 03� 000°- $ Soo= $ S,Sno� $ -7 $ m. 3 50 $ 15 "= $ -76awo*�* $ {ppO° $ 13.0000 ELDORADO DRIVE — SITE "C" C1 Removals — Site 'C" LS 1 $ 15, 000to $15, 000 to — Construct 30" High Performance LF 250 $ oo (? b " $ a6 30, C2 Polypropylene Pipe pop C3 Construct 15" RCP; D-800 LF 180 $ 150 $ 2-1 060V Construct Catch Basin per RCFC&WCD Std. CB100 EA 2 $ od Z OOD~ $ �o 14,000 C4 (W=28') , Construct Local Depression per EA 2 $ y, S00."'. $ 9, 000� C5 RCFC&WCD Sid. LD201 3onstruct Manhole No. 4 per EA 1 $ so 12,500 $ oa 17,— C6 ICFC&WCD Std. MH254 C7 Construct Pipe Collar per RCFC&WCD Std. M803 EA i $ 400 •� $ y 00 oe C8 Construct concrete Curb and Gutter per City of Palm Desert Std. 102. LF 230 $ 8a $ 19, 400e onert structTrench Paving per City of Palm LS 1 $ �Oi ow00 $ YOi ow C9 1 3 C10 Construct Striping per Caltrans Specification 6-02 LS 1 $ oO 2 �0 00 $ eo Z, Oo0 '"' C11 Construct Slurry Backfill (F) SF 410 $ G $ Z y('0!t TOTAL BASE BID $ 3lgsW °° BID ALTERNATE #1— CVWD STRUCTURE ADJUSTMENTS Alt-1 Lower and Raise CVWD Manhole EA 15 $ � 2,100`- $ 31, Soo =° Alt-2 Lower and Raise CVWD Valve EA 25 $ ( $ 300 37, Soo TOTAL ALTERNATE #1 BID PRICE S t'O�i,000 00, 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. C-4 TOTAL AMOUNT BASE BID IN FIGURES $ 3 ► 957y ► °I 22 TOTAL AMOUNT BASE BID IN WORDS ' IlLec MILLION, NINV HuNDa-CD F�IFT'1 f uP- THoVSA'Np i NINE tAUMDf-EO Th3CPT`I -TVJO poGLRRS tp D 4tPO CC-NT5 IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: Signature (must be notarized) Joseph P. Richardson Title: RQginnal Chief Fstimainr 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 Riverside On Mav 29 , 2019 before me, Carolvn Maness. Notary Public personally appeared Joseph P. Richardson 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 signatures(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. CAIA . Qn&� Sig 4ure of Notary Public C-5 �"'• CAMXYN MAMESS rioury Pu* - Wong 1t1cam CamwA& i 2218472 My Cosa. EQ r" Roy 12.2021 CONTRACT NO. C35310A AGREEMENT THIS AGREEMENT is made and entered into this 13th day of June 2019, by and between City of Palm Desert, California; hereafter called "CITY," and Granite Construction Companv hereinafter called "CONTRACTOR." W I T N E S S E T H RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, LINE 4 DRAINAGE PROJECT, PROJECT NO. 522-16; CONTRACT NO. C35310A, in strict accordance with the Contract Documents identified below, and CITY has accepted said Bid. 2 CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f) Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The Payment Bond, 0) The Iran Contracting Certification, (k) General Specifications, (1) The Special Provisions, (m) The Standard Specifications as modified in other portions of the Contract Documents, (n) The Plans, (o) Any Change Orders issued, (p) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (q) The Determination of Prevailing Wage Rates for Public Works, (r) Addenda Nos. 1-3 . All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 90 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C35310A 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. C. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000.00 per calendar day of delay. The Contractor shall complete all work required by the Contract Documents, including but not limited to, pipe installation, backfill, and temporary paving construction, on Country Club Drive prior to August 22, 2019. Accordingly, it is agreed that Contractor shall pay the City $1,000.00 for each and every day of delay in completing said work on Country Club Drive beyond the completion date as liquidated damages and not as a penalty or forfeiture. Liquidated damages for delay in completing work on Country Club Drive are separate from liquidated damages assessed for delay of completion of the Contract and any liquidated damages assessed by the City are cumulative. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. CONTRACT NO. C35310A Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. 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 the California Public Contract Code. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification asfollows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires 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." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: (Signature to be notarized) TITLE: CITY: BY: TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: TOM GARCIA, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY CONTRACT NO. C35310A CONTRACTOR 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, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C35310A PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Granite Construction Companv hereinafter designated as the "Principal", a contract for: LINE 4 DRAINAGE PROJECT PROJECT NO. 522-16 CONTRACT NO. C35310A WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Granite Construction Companv the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Four million eighteen thousand nine hundred twentv-two and 00/100 Dollars ($ 4,018,922), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the 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 an 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 the 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 a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the CONTRACT NO. C35310A Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever the 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: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. 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 the 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. c. 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 the 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 obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. CONTRACT NO. C35310A IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 (Corporate Seal) Contractor/Principal la Title: (Corporate Seal) Surety By: Attorney -in -Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title: The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM Any'claims under this bond may, be addressed -to:z z Surety Agent or Representative for service of process in California if different than Surety Name: Name: Address: City/State/Zip Code: Telephone No.: Address: City/State/Zip Code: Telephone No.: NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C35310A SURETY 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 On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C35310A PRINCIPAL 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 On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C35310A PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Granite Construction Companv (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated June 13, 2019 described as follows: LINE 4 DRAINAGE PROJECT, PROJECT NUMBER 522-16, CONTRACT NO. C35310A (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; 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, Granite Construction Companv the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Four million eighteen thousand nine hundred twentv-two and 00/100 Dollars ($ 4,018.922) by the said City under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its 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, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or CONTRACT NO. C35310A Sureties hereon 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 attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 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 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 the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, 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, 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 PRINCIPAVCONTRACTOR: (Typed Name of Principal/Contractor) SURETY: By: By: (Signature) (Signature to be Notarized) (Typed Name and Title) (Typed Name of Surety) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) CONTRACT NO. C35310A IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM An,y claims under this bond may 'addressed .to::: Agent or Representative for service of Surety process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: CONTRACT NO. C35310A SURETY 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. County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C35310A PRINCIPAL 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, 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 i Ln Old Ct ludor Ln O a ¢ V 0 0• V � r j--w TR O b r ■ &ma p Rubino Ct •• 3 q Batrsta Ct - `^ � r c 9a $et Canto Ct eq� x A 0 Azzu 36" RCP Ballussol Gtr 1s" RCP rmedom Park 36" RCP. ntry Club Sawgrass CIF 011111p 1, w.,' Legend Proposed Storm Drain Existing Storm Drain PALM DESERT LINE 4 a 400 a i Feet Project A Proposed Facilities iNTERNATI OA ALj s` Figure 4-1 ri 18" RCP Yq yb �a a 18" RCP •� Cal w Rp Y jO�al a Rop k 18" RCP P WE A _ Palace or $6" 4CP C a Castle Cl 1k 01 v n-O psc°� 18" RCP 9aya�ti f.n E C L—celot Ct IT RCP 0 480 960 IN 7 f R N AT 10 N Al Feet $puree Legend Proposed Storm Drain Existing Storm Drain PALM DESERT LINE 4 Project B Proposed Facilities Figure 4-2 30" RCP 1$" RCP emu us rm ti■r c - a so 170 Feet INTERNATIONAL .. &D.«e Legend Proposed Storm Drain Existing Storm Drain PALM DESERT LINE 4 Project C Proposed Facilities Figure 4-3