HomeMy WebLinkAboutC34320 - Highway 111 Right Turn to Westbound Fred Waring 659-14Contract No. C34320
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34320 TO GRANITE
CONSTRUCTION COMPANY OF INDIO, CA IN THE AMOUNT OF
$404,000.00 FOR THE HIGHWAY 111 RIGHT TURN TO WEST
BOUND FRED WARING DRIVE (PROJECT NO. 659-14)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: June 11, 2015
CONTENTS: Agreement and Bonds
Contractors Bid
Vicinity Map
Recommendation
By Minute Motion:
1. Appropriate $80,000.00 from Unobligated Measure "A" funds to Account
2134383-4400100;
2. Award Contract No. C34320 to Granite Construction Company of Indio,
CA for the Highway 111 Right Turn to West Bound Fred Waring Drive
project in the amount of $404,000.00 (Project No. 659-14);
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $40,400.00; and
4. Authorize the Mayor to execute said Agreement.
Funding is available for this project in Measure "A" Account No. 2134383-4400100 for
the Right Turn portion of the project and Account No. 2134363-4400100 for the
sidewalk improvements in front of MOR furniture.
Strategic Plan Objective
This project will meet objectives outlined in Envision Palm Desert Forward
Together in Tourism & Marketing by improving access to retail developments
while mitigating traffic congestion.
Background
In September 2011, the City of Palm Desert acquired right-of-way from N and D
Restaurants, Inc., the owner of the property at the Red Lobster Development. The
Staff Report
Award Contract No. C34320 for Highway 111 to West Bound Fred Waring Drive
Page 2 of 2
June 11, 2015
additional right-of-way was required to construct a dedicated right turn onto westbound
Fred Waring Drive from Highway 111 to mitigate traffic congestion. The work will
include grading, paving, sidewalk and extensive traffic signal work.
In addition to the work at the Highway 111 and Fred Waring Drive intersection, the
project will also add sidewalk and ADA compliant driveways at the current location of
the MOR furniture store.
On May 14, 2015 the original bid for this project was rejected. Staff felt that an item in
the traffic signal component was ambiguous and could lead to a substantial change
order.
On June 1, 2015, the re -bids for the Highway 111 Right Turn to West Bound Fred
Waring Drive project were opened and read aloud. Only Granite Construction of Indio
submitted a bid. Granite's bid was $404,000.00. The bid was verified and Granite
Construction is the lowest responsive bidder.
Fiscal Analysis
The proposed bid has exceeded the budgeted amount for this project. The allocation of
$80,000 of Measure "A" funds will cover the shortfall, contingency and the necessary
survey and soils testing services.
Prepared By:
/6el Montalvo, P.E., Senior Engineer
odg--
Paul S. Gibson, Director of Finance
Approval:
M. Wohlmuth, City Manager
AGREEMENT
THIS AGREEMENT is made and entered into this 11 th day of June, 2015, by and
between City of Palm Desert, California, hereafter called "CITY" and Granite
Construction Company hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. HIGHWAY 111 RIGHT TURN TO WEST BOUND FRED WARING DRIVE,
PROJECT NO. 659-14, CONTRACT NO. C34320, in strict accordance with the
Contract Documents identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (1) Any Change Orders issued; (m) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents (n) The Determination
of Prevailing Wage Rates for Public Work, (o) Addenda No(s) Q. 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 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C34320
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 $1,500
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Contract No. C34320
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR: Granite Construction Company
BY: ATTEST BY:
Signature to be notarized
TITLE:
CITY:
M
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
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
) SS.
County of
On , 20 , before me,
Notary Public, personally appeared
who proved to me on the basis
a
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
C -- CONTRACTOR'S BID
HIGHWAY 111 RIGHT TURN TO
WEST BOUND FRED WARING DRIVE
PROJECT NO.659-14
CONTRACT NO. C34320
TO: CITY OF PALM DESERT, 'CITY"
DATE: 06/01/2015
BIDDER; Granite Construction Company "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, HIGHWAY 111 RIGHT TURN TO WEST
BOUND FRED WARING DRIVE, PROJECT NO. 659-14, CONTRACT NO. C34320,
hereby proposes to construct the work in accordance with the Contract Documents,
Including Addenda No(s). NONE for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
In writing by CONTRACTOR before the time specified In the Notice Inviting Bids
for the public opening of bids, this Bid 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 certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
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
Page C-1
project, attorney expense, additional engineering and architectural expense and
cost of maintaining or construction attemate facilities occasioned by the failure to
execute and deliver said documents.
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.
1
Mobilization
LS
1
$ oo
/�000
$ oa
/�ObD
2
Traffic Control
LS
1
$
3 0cv
$
3'f vcr>
3
Clearing and Grubbing
LS
1
$ly q SSOCO
$W 9 55 vo
4
Remove and Dispose of Tree
EA
3
$Soo °^a
$ / Seo
5
Remove Base and Surfacing
SF
2,600
$ %r a
$/3, eoo�
6
Remove Concrete Curb/Curb and
Gutter
LF
220
$ 00
$ 980 do
7
Remove Concrete
SF
2,850
$
$ , o?,s„
8
Unclassified Excavation (F)
CY
350
$ xe o
$CIF g2
9
Adjust Water Valve to Grade
EA
14
$ 00 ^
$
10
Adjust Sewer Clean Out to Grade
EA
2
$ map—
$ 600 &'
11
Adjust Irrigation Boxes, Storm Drain
Grate and Valve Covers to Grade
EA
7
$lea ~
$S6op 2-0
If
12
Irrigation System Modifications
LS
1
soo
,e
13
Aggregate Base
CY
70
$ ?oo ep
$/yAvo
14
Asphalt Concrete Pavement Surface
Course
TON
50
$
300
$
15
Asphalt Concrete Pavement Base
Course
TON
80
$ .1715jee
$
16
Concrete Curb and Gutter (Type I)
LF
210
$ .74 —*0
$ %S60
Page C-2
17
Concrete Curb (Type II)
LF
45
Fri
$ 30 o
18
Concrete Sidewalk
SF
2,700
$ �, eo
$��600
19
Concrete Curb Ramp
EA
1
$
$� V-0—
20
Slough Wall
LF
230
$ s-/ °�
$//730
21
Concrete Driveway
SF
1,600
$ od
$
22
Landscaping
LS 1
$
7, soe7soo
$ ge
23
Signing and Striping
LS
1
$ Fswo$
24
Traffic Signals (S) and Safety
Lighting S
LS
1
$ C 60
1 jJ fJQ
$/ £ Da
TOTAL BID PRICE J$
o �, p uv
Page C-3
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.
TOTAL AMOUNT BASE BID IN FIGURES $ 4 Dy' oao ou
TOTAL AMOUNT BASE BID IN WORDS f 14uv),k f,- F ( -{ nu5�►�
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Sign re Joseph P. Richardson
Title: Regional Chief Estimator
CONTRACTOR
Ar 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 -- oe'er, �— )
Subscribed and sworn to (or affirmed) before on this t *r day of -� u ►--j—
��� (month), ol-0 l m 5 (year), by LCA-U 5
proved to me on the basis of satisfact ry evidence to be the person(s)
who appeared before me.
Signature of Notary
---=<vl�
T. SMER
Commission / 1955551
Notary Public - California
Riverside County
@Mg Comm Fx Hes Nov 4.2015
Page C-4
GRANITE CONSTRUCTION COMPANY
CERTIFICATE OF SECRETARY
RESOLVED, that, effective April 9, 2015 through December 31, 20I5, the individuals
named on the attached Exhibit I are authorized to negotiate, execute and/or attest electronic and
paper documents and contracts necessary for the conduct of the Company's affairs with respect
to the submission and execution of construction project bids, bid proposals, bid addenda and all
other bid -related documents prepared and submitted on behalf of the Company not to exceed $25
million, relating to any and all domestic construction projects arising out of the Company's
operations.
RESOLVED, that, effective April 9, 2015 through December 31, 20I5, the individuals
named on the attached Exhibit 2 are authorized to negotiate, execute and attest electronic and
paper documents and contracts necessary for the conduct of the Company's affairs with respect
to the submission and execution of construction project bids, bid proposals, bid addenda and all
other bid -related documents prepared and submitted on behalf of the Company not to exceed $75
million, relating to any and all domestic construction projects arising out of the Company's
operations.
RESOLVED FURTHER, that the authority provided for herein shall be in accordance with
applicable policies, procedures and limits of authority previously approved and the Granite
Construction Incorporated Delegation of Authority and Policy then in effect.
I, Richard A. Watts, do hereby certify that I am duly qualified as Secretary of GRANITE
CONSTRUCTION COMPANY, a California corporation (the "Company"); that the foregoing is
a true and correct copy of resolutions duly adopted effective April 9, 2015 by unanimous written
consent of the Executive Committee of the Board of Directors, held without a meeting in
accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the
Directors acting were duly and regularly elected; and that the resolution adopted has not been
modified or repealed and is still in full force and effect.
PN.� E CO '.
¢
r
Dated: April 10, 2015 �, c
Page I of 21
LKNAUMCOIMUICOO CWWMA 4W Maanp'AA�tWO&SP nQOMAMAWCCEUMEtlfn.4f0A—
EXHIBIT 1
AUTHORIZED SIGNERS
Granite Construction Company
California Group
Desert Cities Region
AUTHORIZED SIGNERS
Brian Caris, Construction Manager
Joseph P. Richardson, Regional Chief Estimator
Jeff J. Mercer, Construction Manager
Ralph M. Pipkin, Project Manager
Lon Dillman, Regional Controller
Jennifer Francis, Regional Office Manager
ATTESTORS
Brian Caris, Construction Manager
Joseph P. Richardson, Regional Chief Estimator
Jeff J. Mercer, Construction Manager
Ralph M. Pipkin, Project Manager
Carley L. Cechin, Project Manager
Lon Dillman, Regional Controller
Jennifer Francis, Regional Office Manager
Tamara Speer, Project Pursuit Coordinator
Carolyn Maness, Estimating Assistant
Page 13 of 21
LZHANW.COLMU'CO%PCo,wjLea 1z Mm p%AWmxd lrb k�ari2o17U{nMiCC C[Ai t�YM.I-ylSdm
EXHIBIT 2
AUTHORIZED SIGNERS
Granite Construction Company
California Group
AUTHORIZED SIGNERS
Jim Radich, VP Coastal Region
Michael Tatusko, VP Valley Region
Bruce McGowan, VP Central California Region
David A. Donnelly, VP San Diego Region
Brad J. Williams, VP Desert Cities Region
Page 20 of 21
LWtARW.COMLVMU Cmrsrt0MW M1 p%wl idRed&,p— jSAMr4CCC[RT.%b 9"w,4.gjs*=
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Granite Construction Company hereinafter designated as the "Principal", a
contract for:
HIGHWAY 111 RIGHT TURN TO
WEST BOUND FRED WARING DRIVE
PROJECT NO. 659-14
CONTRACT NO. C34320
WHEREAS, said Principal is required under the terms of said contract to fumish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, 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 Hundred and Four Thousand Dollars and No Cents ($ 404,000.00), being 100%
of the contract amount in lawful money of the United States of America for the payment
of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page 1
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20
SURETY
PRINCIPAL
M
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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
Page 2
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 )
ME
personally appeared
before me,
, 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
Page 3
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Granite Construction Company (hereinafter designated as
the "CONTRACTOR"), an agreement dated June 11, 2015 described as follows:
HIGHWAY 111 RIGHT TURN TO WEST BOUND FRED WARING DRIVE, PROJECT
NO. 659-14, CONTRACT NO. C34320, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, 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 Hundred and Four Thousand Dollars and
No Cents ($ 404,000.00), said sum being not less than one hundred percent (100%) of
the total amount payable by the said Obligee under the terms of the said Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 9100 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
Page 4
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAUCONTRACTOR:
Granite Construction Company
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
0
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
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:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Page 5
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.
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
Page 6
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
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tiW" a - -.I
Parcels