HomeMy WebLinkAboutC22870B Granite - Portola Avenue Bridge over Whitewater Channel 647-04CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C22870B for Construction of the Portola Avenue Bridge
over the Whitewater Channel to Granite Construction Company
SUBMITTED BY: Mark Greenwood, P.E., City Engineer
CONTRACTOR: Granite Construction Company
38000 Monroe Street
Indio, California 92203
DATE: July 14, 2005
CONTENTS: Agreement
Proposal
E-mail from Allyn Waggle, Deputy Executive Director, CVAG
CVAG Staff Report to Technical Advisory Committee 06-29-05
Vicinity Map
Recommendation:
By Minute Motion:
1. Award Contract No. C22870B to Granite Construction Company of
Indio, California, for the construction of the Portola Avenue Bridge
over the Whitewater Channel, in the amount of $10,046,046.00, plus
a 10% contingency.
2. Appropriate $7.9 million from the unobligated Capital Improvement
Fund 400 to the project account.
Discussion:
On October 14, 2004, City Council awarded the design contract for the Portola Avenue Bridge over
the Whitewater Channel to Moffatt and Nichol of Irvine, California. Upon completion of the bridge
design and the selection of aesthetic treatment for the bridge by City Council, staff advertised and
called for bids for the construction of the bridge improvement.
On June 28, 2005, at 10:00 a.m. the bids were opened by the City Clerk and read aloud. The results
are as follows:
Granite Construction Company Indio, California $10,046,046
MCM Construction, Inc. North Highland, California $11,348,750
The engineers estimate for this project estimated the construction cost to be around $7.75 million.
The discrepancy between the engineers estimate and the apparent low bidder is probably due to the
volatile nature of the cost of the primary materials used in the construction of the bridge. The
revised estimate for the total cost of the bridge, including design, construction, and construction
management, is $12.5 million.
Staff Report -Award Construction Contract C22870B for Portola Avenue Bridge
Page 2 of 2
July 14, 2005
As part of the 2005/2006 budget, $4,000,000 was appropriated from Fund 400, and $4,000,000 was
appropriated from RDA for the construction and construction management of the Portola Avenue
Bridge over the Whitewater channel. The City set up reimbursement agreements with CVAG and
the RDA. The way the agreement is currently written, the City will pay for the construction and
construction management up front, and be reimbursed 50% by CVAG up to $4.25 million. The RDA
will then reimburse the other 50%.
Public Works has contacted CVAG about increasing their participation to a maximum of $6.25 million
(50% of the total cost of the bridge) instead of $4.25 million. The staff at CVAG has recommended
to the CVAG Board (Technical Advisory Committee) that they increase the funding for the Portola
Bridge by $2 million, and decrease the funding for the Cook Street widening, another City project
with CVAG funding, by the same amount. The Deputy Executive Director of CVAG has, in fact,
moved the $2 million from the Cook Street Project to the Portola Bridge Project in order to
accommodate this request.
The RDA has identified funds available to cover their 50% of the increased cost of the project. Fund
400 will require an additional appropriation of $7.9 million to pay for the improvements up front, and
then be reimbursed by CVAG and RDA.
Therefore, staff recommends that City Council by minute motion, award Contract No. 22870B for the
construction of the Portola Avenue Bridge over the Whitewater Channel to Granite Construction
Company, of Indio, California in the amount of $10,046,046.00, plus a 10% contingency, appropriate
$7.9 million from Capital Improvement Fund 400 to the project account, and authorize the Mayor to
execute the contract documents.
9
City Engineer
Approval:
ACM for Development Services
City Manager-/
v
Iclsldhl
Department Hea
Mike Errante,
Director of Public Works
.� ,
Fina ce Director
G:'POWoASOaX Repoas,2005'Juty 1464ward Contract C22870B Granite Construchdn Portola &dpe 647-04 doc
AGREEMENT
THIS AGREEMENT is made and entered into this 10 day of July,
2005, by and between City of Palm Desert, California, hereafter called "Owner"
and Granite Construction Companv hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the
construction of Owner Project,
1. Portola Avenue Bridge over the Whitewater Channel, PROJECT NO. 647-
04, CONTRACT NO. C2287013, in strict accordance with the Contract
Documents identified below, Owner has accepted said Proposal.
2. Contractor states that it has re-examined its Contractor's Proposal 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 Proposal 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 Proposal; (e) The Bidder's Bond; (f) The
Performance Bond; (g) The Payment Bond; (h) The General Conditions;
(i) The Special Provisions; 0) The Standard Specifications as modified in
other portions of the Contract Documents; (k) The Plans; (1) Addenda
Nos. 4; (m) The Determination of Prevailing Wage Rates for Public Work;
(n) Any Change Orders issued; (o) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance
with the provisions of the Contract Documents. All of said Documents
presently in existence are by this reference incorporated herein as if here
set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the
date of the Notice to Proceed and will do all things necessary to construct
the work generally described in Recital No. 1 in accordance with the
Contract Documents and will complete said work within Six Hundred and
Twenty (620) calendar days from the Notice to Proceed date to the
satisfaction of the Engineer.
Contract No.C22870B
3. Contractor agrees to indemnify, defend and save Owner 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.
Attention is directed to the General Specifications pages 25-26 and 33-37,
which specifications are made part of this Agreement as set forth in
Agreement paragraph 1, above.
4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to the substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000. dollars
per calendar day of delay.
Access from Portola Avenue to Quicksilver Drive is planned to be closed
for a two week (14 Calendar days) period during Stage 1 Construction.
An incentive payment in the sum of $5,000 per calendar day will be paid to
the Contractor for each and every calendar day that this closure period is
less that 14 calendar days; for each and every day that the closure period
exceeds d14 calendar days the Contractor shall pay the City of Palm
Desert liquidated damages in the sum of $500 per calendar day; for each
and every day that the closure period exceeds 28 calendar days the
Contractor shall pay the City of Palm Desert liquidated damages in the
sum of $5,000 per calendar day.
5. Should any litigation or arbitration be commenced between the parties in
any such litigation, being the Owner or the Contractor, should be entitled
to a reasonable sum for attorney's fees incurred in any such litigation
relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
Contract No. C22870B
7. Contractor shall be paid in the manner set forth in the Contract Documents
the amount of its Proposal as accepted by Owner, subject to such
additions and deductions as may be made pursuant to the Contact
Documents and applicable law.
Satisfactory Performance
The prime Contractor agrees to pay each Subcontractor under this prime
contract for satisfactory performance of its contract no later than 10 days
from the receipt of each payment the prime Contractor receives from City
of Palm Desert. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written
approval of the City of Palm Desert.
Release of Retention
The prime Contractor agrees further to release retention payments to each
Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the
above referenced time frame may occur only for good cause following
written approval of the City of Palm Desert.
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
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.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Contract No.C22870B
CONTRACTOR: Granite Construction Company
BY:
Signature to be notarized
TITLE:
OWNER:
BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
CITY ENGINEER
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN,
CITY ATTORNEY
CITY OF PALM DESERT
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 Companv
(hereinafter designated as the "Contractor"), an agreement dated July 14,
2005, described as follows: Portola Avenue Bridge over the Whitewater
Channel, PROJECT NO. 647-04, CONTRACT NO. C2287013, (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 3247 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 notices under Section
3181 of the California Civil Code, in the sum of Ten Million Fortv Six Thousand
and Fortv-Six Dollars ($10,046,046.00), 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 3247 through 3252 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 notices under Section 3181 of the Civil
Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the said Contract or to the
work to be performed thereunder or the Specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms
of the Contract or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the
services of an attorney in connection with the enforcement of the bond, each
shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in
addition to the above sum.
THIS SPACE IS LEFT BLANK INTENTIONALLY. SIGNATURES ARE
CONTAINED ON THE FOLLOWING PAGE.
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)
The rate of premium on this bond is
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
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)
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:
Portola Avenue Bridge over the Whitewater Channel
PROJECT NO.647-04
CONTRACT NO. C22870B
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, the Principal, and Granite Construction Company as
Surety, are held and firmly bound unto the City of Palm Desert hereinafter called
the Owner, in the penal sum of Ten Million Forty-six Thousand and Forty-six
Dollars ($10,046,046.), 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 Owner,
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 there under 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 Owner to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly
executed by the Principal and Surety above named, on this
day of , 20
SURETY PRINCIPAL
M.
L*."V
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
i I 42ND AVE'-
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Feet
CONTRACTOR'S PROPOSAL
PROJECT NO.
TO: CITY OF PALM DESERT, "Owner"
DATE: June 28. 2005
BIDDER: Granite Construction Companv "Contractor"
The UNDERSIGNED, "Contractor", having carefully examined the site and the
Contract Documents for the construction of, WHITEWATER RIVER BRIDGE AT
PORTOLA AVENUE, PROJECT NO. 647-04, CONTRACT NO. C228706, hereby
proposes to construct the work in accordance with the Contract Documents,
including Addenda Nos. for the amount stated in this
Proposal.
By submitting this Proposal, "Contractor" agrees with Owner:
That unless withdrawn in person by "Contractor" or some person authorized
in writing by "Contractor" - not by telephone or telegram - before the time
specified in the Notice Inviting Bids for the public opening of bids, this
Proposal constitutes an irrevocable offer for 60 calendar days after that
date.
2. The Owner has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of Owner;
and said contract shall only be deemed awarded after the contractor's
complete submission of all contract documents, bonds, insurance
documentation, and the Owner shall obtain all necessary signatures of the
governing body. At which time, the contract shall be deemed awarded.
4. To submit to Owner such information as Owner 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 Owner, 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 Owner to do or cause to be done the work
involved, lease and rental costs; additional salaries and overhead,
C-.
Portola Ave Specs
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.
It is understood that the quantities shown hereon, except for those quantities
marked "Lump Sum" or designated as "Final Pay Item", are but 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
LUMP
1
SUM
2
TRAFFIC CONTROL SYSTEM
LUMP
1
SUM
0 oc c29
'?5, o to.
3
TEMPORARY TRAFFIC SIGNALS
LUMP
1
SUM
GG, OW °`'
yo,,00 w
4
TEMPORARY RAILING (TYPE K)
LF
3,680
21.E
rn, �u
5
RELOCATE WATERLINE
LUMP
1
SUM
of gd,daao—a
6
RELOCATE TELEPHONE CONDUITS
LUMP
1
SUM
3-75,000.e2
37S.oro.«,
7
FURNISH/INSTALL CASING FOR
LF
506
I
FUTURE GAS LINE
I44r'J.
3i377c25?1
8
CLEARING, GRUBBING AND
LUMP
1
REMOVALS
SUM
9
ADJUST MANHOLE/VALVE COVER
EA
16
TO GRADE
r7,o.--
10
COLD MILL ASPHALT CONCRETE
SY
350
PAVEMENT
coBGG'
i
'
11
ROADWAY EXCAVATION
CY
17,000
1 0o
f rj coo `' l l
(7
1 12
CHANNEL SILTATION EXCAVATION
CY
14,200
13
STRUCTURE EXCAVATION
CY !
2,710
(F)
(BRIDGE)
445 0O
Portola Ave Specs
Jun-03-2005 13:05 From -PALM DESERT PUBLIC WORKS DEPT 7SO341TO98
T-429 P.005/008 F-T24
18
19
20
21
22
(F)
23
(F)
124
25
! (F)
26
27
i 28
29
I
30
CY
IMPORT BORROW i CY
ROADWAY EMBANKMENT ' CY
SCOUR PROTECTION ROCK AT CY
PIER FOOTINGS i
CONCRETE SLOPE (PROTECTION) I CY
CRUSHED AGGREGATE BASE
ASPHALT CONCRETE
CY 1,500
i
TON 1937
ARHM SURFACING/OVERLAY SY
STRUCTURAL CONCRETE, BRIDGE CY
'STRUCTURAL CONCRETE, BRIDGE CY
FOOTING
MINOR CONCRETE CY
(MINOR STRUCTURE)
STRUCTURAL CONCRETE, CY
APPROACH SLAB (TYPE N)
RETAINING WALL LF
_ I
MASONRY SCREEN WALL I LF
FURNISH PRECAST PRESTRESSED EA
CONCRETE GIRDER (100'- 120')
(ERECT PRECAST PRESTRESSED EA
I CONCRETE GIRDER
JOINT SEAL (TYPE B - MR = 2") 'I LF
1,675 j
I (72,,5 -7- .4
16,300
j&,3ao.�°I
30,600 !
f4. °-c'
985
1,415 !I
1 16,060
3,135 i
010
895
76 j
235 !
337
50 ao
52 - - L
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52
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220
ILK
31
(F)
32
33
(F)
34
35
36
37
(F)
38
39
40
41
42
43
BAR REINFORCING STEEL (BRIDGE)
MINOR CONCRETE
(MISCELLANEOUS CONSTRUCTION)
CONCRETE BARRIER TYPE 26
LF
(MOD)
STEEL PLATE PIPE, THIMBLE
EA
CASING (16")
METAL BEAM GUARD RAILING
LF
(WOOD POST)
PIPE GATE
LUMP
SUM
METAL BRIDGE RAILING
LF
FURNISH AND INSTALL AUTOMATIC
LUMP
ENTRY GATE
SUM
RELOCATE AUTOMATIC ENTRY
LUMP
GATE
SUM
20" CAST -IN -DRILLED -HOLE
LF
CONCRETE PILING
18" REINFORCED CONCRETE PIPE
LF
CY 237
INLET TYPE X WITHOUT DRYWELL EA
INLET TYPE X WITH DRYWELL EA
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965
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44 TRAFFIC SIGNS AND PAVEMENT
LUMP
1
STRIPING, MARKING AND MARKERS
SUM
45 SIGNAUELECTRICAL
LUMP
1
MODIFICATIONS
SUM
L 50, o�
l 5g oao
46 LANDSCAPING AND IRRIGATION
LUMP
1
.
SUM
TOTAL BID PRICE:
l
Tortola Ave Specs
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 Pay Item, 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 $
TOTAL AMOUNT BASE BID IN WORDS /-d'
� 0
IN WITNESS WHEREOF Contractor u d this pro osal as of date set forth on
Page C-1.
By:
� Signature
R.C. Allbritton
Title: Vice President
ntractor
Attes
David R. iatldll
Title: Assistant Secretary
C-5
Portola Ave Specs
(THIS PAGE INTENTIONALLY LEFT BLANK)
C-6
Portola Ave Specs
(NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED
1N FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT)
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets
may be attached if necessary.
(1) Address P.O. Box 50085, Watsonville, CA 95077
(2) Telephone No. 831-724-1011
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
(4) Corporation organized under the laws of the State of California
(5) Contractor's icense No. 89 Exp. Date May 31, 2007
Contr5ignature
y swears der penalty of perjury that this information
providnd cor
By: Title: Vice President
Contractor
R.C.Allbritton, Vice President
(6) List the names and addresses of all owners of the firm or names and titles
of all officers of the corporation:
**See attached List of Officers**
(7) Number of years' experience as a Contractor in construction work
83
(8) List at least three similar projects completed recently:
Contract Class of Date Name, Address &
Amount Work Completed Telephone No of
Owner
**See attached List of Completed Jobs**
1.
✓9
3.
D-1
Portota Ave Specs
(9) List the names and addresses of each Subcontractor who will perform work
in or about the work improvement, and indicate what portion of the work will be
done by each Subcontractor:
Subcontractor's Name:
License Number:
Address: r a
Telephone: 3 /o 66 P — aOJZ)
Work to be performed:
Subcontractor's Name: P A crt' c CoQsf S7�e L
License Number: G YJS<S? `l
Address:
Telephone:_f ! F oZ ,?G —,3 .5^
Work to be performed: Re b C 2-
Subcontractor's Name: e/oo t1 CCo,2.�
License Number: j�, <c 7 ! G-3
Address: Pe t-r1, 5,
Telephone: O q3
Work to be performed:----Cr ac� P /Z S
(10) List the name of the person who inspected the site of the proposed work for
your firm��"D�Y Tory-
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition
may be required by the Owner.
D-2
Portola Ave Specs
(9) List the names and addresses of each Subcontractor who will perform work
in or about the work improvement, and indicate what portion of the work will be
done by each Subcontractor:
Subcontractor's Name: M,4 /2 / h, eq
� r
License Number: G! %e2 8G-2-,
Address: %ice e r
Telephone: 7/ c-/ — Q 39— 4 4-o a
Work to be performed: c�a0, "Al a
Subcontractor's Name: r cy ,k� �- �� lei /Li'c
License Number:_ D 633.5�
Address: %2 % v e K S i' n t,
Telephone: 4 ,.5- / — ,3 S c3 ` ?G Y 6
Work to be performed:_--,�- %e e- f /� 6, c 4 4
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for
your firm
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition
may be required by the Owner.
0-2
GRANITE CONSTRUCTION COMPANY
List of Officers
P.O. Box 50085
Watsonville, CA 95077
(831) 724-1011
Name
Present Office Position
President
Dorey, William G.
Chief Executive Officer
Executive Vice President
Boitano, Mark E.
Chief Operating Officer
Senior Vice President
Chief Financial Officer
Corporate Compliance Officer
Barton, William E.
Assistant Secretary
Senior Vice President
Donnino, Michael F.
Assistant Secretary
Senior Vice President
Roberts, James H.
Assistant Secretary
Vice President
Assistant Financial Officer
Treasurer
Allbritton, R. C.
Assistant Secretary
Vice President
Franich, John A.
Assistant Secretary
Vice President
Secretary
Futch, Michael
General Counsel
Vice President
Goodson, Darryl W.
Assistant Secretary
Vice President
Kaub, Brian C.
Assistant Secretary
Vice President
Kremer, Randy J.
Assistant Secretary
Vice President
Assistant Financial Officer
Controller
McCann-Jenni, Mary G.
Assistant Secretary
Assistant General Counsel
Cady, James M.
Assistant Secretary
Assistant Secretary
Grazian, David R.
Director of Corporate Taxation
Smith, Kenneth M.
Assistant Secretary
Watts, Richard A.
Assistant Secretary
Updated: 03/09/05
LASHARED.CON/PREQ04-SY/Prgmst 04/Officers
Schedules/Officers Custom Views.xis
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RISiW*
SAWA CRUZ
R.C. Allbritton , being first duly sworn, deposes and
says that *m/she is Vice President Of Granite Construction Company, the
party making the foregoing bid; that the bid is not made in the interest of, or on
behalf of , any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that
the bidder has not directly or indirectly induced or solicited any other bidder to put
in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage
against the pubic body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Subscribed and sworn to, before met s stn d of June 20D5 ,
By:
R.C. Allbritton Signature Vice President
Title: Vice President
Contractor
"
AttesrBy: VJC Z�
N jalc AfoiJyand State
J.M.11ar
Title: Nublic
J. M. WE=
Commission # 1341665 Z
Notary Public - caftmia �
SantaClara County
0MyC"nmExpWwF*b25,2=
Portola Ave Specs
(THIS PAGE INTENTIONALLY LEFT BLANK)
Portola Ave Specs
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS, *total Bid amount
That we Granite Construction Company as
principal, and Federal Insurance Company as surety,
are held and firmly bound unto the City of Palm Desert in the sum of
Ten Percent (10%) of* (10% of bid) to be paid to the said Owner or its certain
attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of
the above bounden principal to perform certain work described as follows:
The work to be done generally consists of furnishing all labor, materials, necessary
tools, equipment, supervision, and all utility and transportation services required
for grading and construction of the Whitewater River Bridge at Portola Avenue
including removals, layout, traffic control, river channel improvements, sidewalk,
curb and gutter, pavement, storm drain installation, waterline
relocation/construction, street striping, traffic signs, and incidentals. Improvements
in accordance with the Plans, Drawings, Specifications and other provisions of the
Contract.
and dated June 28, 2005 is accepted by the City of Palm
Desert, and if the above bounden principal Granite Construction Companv
shall duly enter into and execute a contract for such construction, and shall
execute and deliver the Performance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
Should it become necessary for the owner to institute a lawsuit, or any other
legal proceeding to enforce the terms and conditions of this bond, then all costs of
said proceeding, including attorney's fees, shall be awarded to the prevailing party.
F-1
Portola Ave Specs
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this
23rd day of June , 20 o5
Contractors name: Granite Construction Company
7By:
R. . A11bri ton, Vice President
Address: P.O. Box 50085, Watsonville, CA 95077
Title: Vice President
Telephone: 831-724-1011
Surety's name: Federal Insure Company
By: NnN )
Jigisha De a Attorney -in -Fa
Address: 15 Mo tain View Road, Warren, NJ 07061
Title: Attornev-in-Fact
Telephone: 908-903-3656
F-2
Portola Ave Specs
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CRUZ }
On this 23rd day of June, 2005 before me, the undersigned Notary
public, personally appeared Jigisha Desai personally known to me
OR ❑ 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.
WITNESS my hand and official seal.
Si ena o o Pub �`ib 0 t
J. M. CUELLAR
COW Nsabn 01344665
i Notary Public - Caftmia
Santa Clara County
My Comm. E)OW Fab 20, 2008
This Notice pertains to the following Surety Bond issued by a member Insurer of the Chubb Group of
Insurance Companies, including Federal Insurance Company, Vigilant Insurance Company and
Pacific Indemnity Company.
Bond Number: N/A
POLICYHOLDER DISCLOSURE NOTICE
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the
"Act") effective November 26, 2002, we are making available to you coverage for losses
arising out of certain acts of international terrorism. Terrorism is defined as any act
certified by the Secretary of the Treasury, in concurrence with the Secretary of State and
the Attorney General of the United States, to be an act of terrorism; to be a violent act or
an act that is dangerous to human life, property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an air carrier
or vessel or the premises of a United States Mission; and to have been committed by an
individual or individuals acting on behalf of any foreign person or foreign interest, as part
of an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion. Coverage for
acts of terrorism is already included in the captioned Surety Bond.
You should know that, effective November 26, 2002, any losses caused by acts of
terrorism covered by your Surety Bond will be partially reimbursed by the United States
under the formula set forth in the Act. Under this formula, the United States of America
pays 90% of covered terrorism losses that exceed the statutorily established deductible to
be paid by the insurance company providing the coverage. The portion of your premium
that is attributable to coverage for such acts of terrorism is zero, because we could not
distinguish (and separately charge for) acts of terrorism from other causes of loss when
we calculated your premium.
If you have any questions about this notice, please contact your agent or broker
K I
CHIJBIB
Chubb POWER Federal Insurance Company Attn: Surety Department
Surety OF Vigilant insurance Company 15 Mountain View Road
i
ATTORNEY Pacific Indemnity Company Warren, NJ 07059
! Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and
PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Deborah S. Jackson, R.C. Allbritton, John D, Giuliani and Jigisha
Desai of Watsonville, California
each as their true and lawful Attorney. in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf
as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of
i business on behalf of Granite Construction incorporated and all subsidiaries alone or in joint venture
in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And
the execution of such bond or obligation by such Attorney- in- Fact in the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in
pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and
attested these presents and affixed their corporate seats on this 2e day of March, 2005
Z1144
�/1�--/ r
Kenneth C. Wendel, sistant Secretary Joffi P mllh, Vice P side
STATE OF NEW JERSEY
ss.
County of Somerset
On this 25th day of March, 2006 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty swom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to
the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By Laws of said Companies; and that he signed said Power of
Attomey as Assistant Secretary of said Companies by like authority, and that he Is acquainted with John P. Smith, and knows him to be Vice President of said
Companies; and that the signature of John P. Smith, subscribed to said Power of Attorney is in the genuine handwriting of John P. Smith, and was ttrereto subscribed
by authority of said By Laws and in deponent's presence.
Notarial Seal
�iLN e. STEPMEN B. BRADT
�Q 'gyp NY Public, Stott of Now Jots"
ry NOTAR y �' No, 2321097
Commission E*ms Od. 25, 2009
pU BLk'- Notary Public
�FIY JEACERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by
the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective
designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. President, anyVice
Preskferit, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature Urereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon
the Company and any such power so executed and cartified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it Is attached.'
1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the
'Companies") do hereby certify that
(1) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District
of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the
U.S. Virgin islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward
island; and
(ili) the foregoing Power of Attorney Is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 23rd day of June, 2005
' 41rcrANF ' ti
Kenradh C. endel, Assistant Secretary
N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE
ONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 a -mall: surety@ chubb.com
Fonn t 5-10- 0154B- U (Rev. 10- 02) CORP CONSENT
Page 1 of 1
Lee, Debra
From: Greenwood, Mark
Sent: Wednesday, July 06, 2005 3:37 PM
To: Lee, Debra
Subject: FW: Staff Report regarding the Portola Bridge Bond Funding
-----Original Message -----
From: Allyn Waggle [mailto:awaggle@cvag.org]
Sent: Wednesday, July 06, 2005 9:42 AM
To: Errante, Michael; Greenwood, Mark
Cc: John M. Wohlmuth
Subject: Staff Report regarding the Portola Bridge Bond Funding
Mike and Mark:
Attached is the staff report to the TAC this Friday concerning the proposed amendment to the CVAG bond
funding agreement for the Portola Bridge Project. As we discussed, I have moved $2 Million from the Cook Street
Project to the Portola Bridge Project in order to accommodate the unanticipated higher results of your bid
opening. The net bottom line remains the same for the CVAG/ City of PD agreement. If you have any questions,
please call.
Allyn
7/6/2005
DATE: June 29, 2005
TO: Technical Advisory Committee
FROM: Allyn S. Waggle, Deputy Executive Director
SUBJECT: Consider Amendment of Bond Funded Project Agreements with the City of
Palm Desert to Transfer Funds between Projects
STAFF RECOMMENDED MOTION: That the Technical Advisory Committee Recommend
Approval of Amendments to the Agreements with the City of Palm Desert for the Bond
Funded Projects for the Portola Avenue Bridge and for the Cook Street Widening to Allow
the Transfer of Funds between those Projects.
BACKGROUND: At their meeting of October 25, 2004, the Executive Committee approved a list
of Regional Transportation Projects and specific amounts for funding through the RCTC bond sale
process in the aggregate amount of $28,275,000. By executed agreement, CVAG and the City of
Palm Desert have agreed to proceed with a project known as the Portola Avenue Bridge at the
Whitewater Channel. The agreed upon amount of the contract agreement was set as $8,500,000.
Under CVAG's customary method of funding eligible projects with member jurisdictions, this
contract agreement was structured to provide that the City of Palm Desert was to pay one-half of
the applicable project costs ($4,250,000), and CVAG was to pay the other one-half ($4,250,000).
CVAG's share of project costs was not -to -exceed $4,250,000.
Likewise for the Palm Desert project known as the Cook Street Widening to Six Lanes, from Fred
Waring Drive to Frank Sinatra Drive, the estimated cost of that project is $9,500,000. A CVAG!
City of Palm Desert contract was entered to provide an equal sharing of project costs at $4,750,000
per agency.
By the attached letter the City of Palm Desert now indicates the Portola Avenue Bridge Project bids
came in significantly over estimates ($12.5 Million) and is therefore requesting that the agreement
for this project be amended to add $2 Million of bond funds to the CVAG share of project costs.
This action will have the net affect of reducing the agreement for the Cook Street Widening Project
by the same $2.0 Million, since the aggregate total of bonded funds cannot change.
The Riverside County Transportation Commission (RCTC) has also approved the project list and
the listed amounts. Any amendments approved by CVAG must also be approved by RCTC before
they are fully authorized.
FISCAL ANALYSIS: Since the bond funded projects for the City of Palm Desert were approved
for a fixed amount, it should not matter how the funds are distributed for the approved projects, just
that the total of CVAG's commitment of bonded funds does not exceed the agreed amount.