Loading...
HomeMy WebLinkAboutC20210A Granite Construction - Construction of Desert Crossing at Highway 111REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C20210A to Granite Construction Company for the Construction of Desert Crossing at Highway 111 Mark Greenwood, P.E., City Engineer Granite Construction Company 38000 Monroe Street Indio, California 92203 June 9, 2005 Agreement Vicinity Map By Minute Motion, 1. Award Contract No. C20210A for the construction of Desert Crossing at Highway 111 to Granite Construction Company, of Indio, California, in the amount of $802,208.00, plus a 10%contingency. 2. Authorize the use of $75,000 from Fund 400 Sidewalk Account, $103,000 from Fund 420 Drainage Account, $125,000 from General Fund Resurfacing account for the project. 3. Authorize the mayor to execute the same. Discussion: On June 27, 2002, City Council awarded a design contract to Psomas for the improvements at Highway 111 and Desert Crossing. The project improvements consist of installation of westbound right turn deceleration lane, the increase of the capacity of the westbound dual left turns at the intersection, north driveway widening and signal improvements. This project has become increasingly more necessary to accommodate the traffic demand in this commercial area. Staff Report Award Contract C20210A to for Desert Crossing at Highway 111 Page 2 of 2 June 7, 2005 Right-of-way acquisitions in the amount of $180,000.00 are required for the improvements. These properties are currently in escrow. Anticipated closing will be prior to commencement of construction. Currently there is an unencumbered balance of $260,000 in the project account. Staff has requested an additional $500.000 in the 2005-06 Capital Improvement Project budget. Duly advertised bids were opened on Tuesday, May 31, 2005. The results are as follows: Granite Construction Company, Indio, California $802,208.00 The increase in the construction cost for this intersection improvement is reflective of the drastic increase in both the labor and material market. While the increase will require the appropriation of additional funding, staff believes these improvements are necessary for the relief of congestion experienced by the community at this location, which at its peak, has begun to affect traffic flow as well as the operation of other intersections. Therefore, staff recommends that City Council by minute motion, award Contract No. C20210A to Granite Construction Company, of Indio, California, in the amount of $802,208, plus a 10% contingency, authorize the use of $75,000 from Fund 400 Sidewalk Account, $103,000 from Fund 420 Drainage Account, $125,000, from General Fund Resurfacing account for the project, and authorize the mayor to execute the same. Submitte Mark Grebnwood, P.E. City Engineer /cls Department Head: Michael Errante, P.E. Director of Pubic Works Finan'e rector G:IPubWorks Staff Reports120051June 91Award Construction Contract C20210A to Granite for Desert Crossing 615-02.doc CONTRACT N0. C20210A AGREEMENT THIS AGREEMENT is made and entered into this 9th day of June, 2005, by and between City of Palm Desert, California, hereafter called "Owner" and Granite Construction Company hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor"s Proposal for the construction of Owner Project, 1. Highway 111 at Desert Crossing Intersection Improvements, PROJECT NO. 615-02, CONTRACT NO. C20210A, 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: lT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the foflowing: (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; (j) The Standard Specifications as modifiied in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos.-O-; (m) The Determination af 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 shalf 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 wilf complete said work within NINETY (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C20210A 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 c�aimed 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 Generaf Specifications pages 25-26 (Hold Harmfess) and 33-37 (Liabifity Insurance), which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. 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 $500 dollars per calendar day of de{ay. 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 fitigation, 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. 5. This Agreement shafl be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set fiorth in the Contract Documents the amount of its Proposaf 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 Pa{m Desert. Any defay or postponement of payment from the above CONTRACT N0. C20210A 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 satisfactori{y 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 afl 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 ofi 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 1 will comply with such provisions before cammencing the performance of the work ofi 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 N0. C20210A CUNTRACTOR: � Signature to be notarized TITLE: OWNER: BY: BUFORD A. CRITES Titte: 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. ERWfN, City Attorney a� �. !'""y � � � CONTRACTOR'S PROPOSAL TO: CITY OF PALM DESERT, "OWNER" DATE: : �� May 31, 2005 GRANITE CONSTRUCTION COMPANY , °CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of HtGHWAY 111 AT DESERT CROSSING •"'" INTERSECTfON tMPROVEMENTS - PROJECT NO. 615-02, CONTRACT NO. C20210A � hereby proposes to construct the work in accordance with the Contract Documents, � inciuding Addenda Nos. k�dh.le. for the amount stated in this Proposal. By submitting this Proposal, "CONTRACTOR" agrees with OVVNER: � 1. That unless withdrawn in person by "CONTRACTOR" or some person authorized in writing by "CONTRACTOR" -- not by telephone orteiegram -- before the time „� specified in the Notice inviting Bids for the public opening of bids, this Prvposal constitutes an irrevocable offer for Sixty (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. AI which time, the contract shall be deemed awarded. 4. To submit to OWNER such information as OWNER may require to determine the ability of the Bidder 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 wil! execute the Agreement and deliverthe required bonds and certificates of insurance within Ten (10) days after notice of award. If CCINTRACTOR fails to execute and deliver said documents, the check vr bond is to be charged with ihe costs of the resultant damages to OWNER, including but not limited to pubiication costs, the difference in money between the amount bid. and the amount in excess of the bid which costs UWNER to do or cause to be done the work involved, iease and rentai costs, additional saiaries and overhead, increased interest and costs of funding the project, attomey expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. C-1 CONTRACTOR'S PROPOSAL FOR HIGHWAY 111 AT DESERT CROSSING�INTERSECTION IMPROVEMENTS PROJECT NO. 615-02 CONTRACT NO. C20210A BIDDER: GRANITE CONSTRUCTION COMPANY (Company Name) It is understood that the quantities shown hereon, except forthose quantities marker "Lump Sum", 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. BID ITEMS AS FOLLOWS: 1TEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED UNIT QUANTITY AMOUNT 1. Mobilization 1 LS $ O, $ , �d /U .%O�� l �,� v�G'_' -, -. 2. Tra�c Contro( 1 LS $ �� $ � �j� Q �? `� ��� � �.�U. --- 3. Clearing and Grubbing 1 LS $�r��, � $�� ��� 4. Unclassified Excavation 1 LS . �$ �� 5 Co{d MiN Existing Pavement 4000 (0.20') 6. Construct AC Overlay (0.20') 4000 7 Construct 5.5" AC over 10" �550 AB Construct Type I Curb & 8. Gutter Per City of Palm 300 Desert Std. 102 G2 � �7�?► Qt,�. `��� aQ� �- S.F. $ /�'Y°� $ I�,Cli�(i�`"' S-F- $ r,�.c� $ I6,Ot,'4-�" S. F. $ 1`1'•p� $'7'�ij rf 0�, «�v L.F. $ �-I �j� �- $ � �► �''/o�'�" ` � � .' f "�"` � � � � � � �, � 9 Construct Type II Curb per 105 City of Palm Desert Std. 103 Construct 8' Sidewalk per 2060 10. City of Paim Desert Std. 104 Construct Type II Cross 11. Gutter per City of Palm 1290 Desert Std. 108 as modified by Detail A/2 Construct Median Curb Per 12. Detail B/2 204 Construct Access Ramp, 13. Case "B", per Caltrans Std. 1 A88A as modified by Sheet 2 Construct Access Ramp, Case "C", per Caltrans Std. 14. A88A as modified by Detail � D/2 Construct 6" Thick Stamped 15. Concrete, Stamped Pattern 3600 and Color to Match Existing 16. Signing and Striping 1 17. Traffic Signal Modification 1 �$ Construct Handrail per Detail 160 C/2 Relocate Existing Sign and � 9'' Monument Wall � Match Existing Median 20' Concrete (4" Depth) 300 C-3 L. F. $ �, � vv S.F. $ ( (�.c. �- $ �-�-, g�. o0 $ �o,�ov.� s. F. $ ; C.�-> � � i �� (� (00. ` L.F. $���o �Q i�a.�� a EA $ 1 oZapo.�v � (���UO.cx> EA $ j,�OO,`�� $ �, �j(�, �L S.F. $ ��, �= $ '�'�P, �,52% LS $ $ / % lx10 . `'�) l '7 �Qv , `,xa LS $ $ .e /3 S�,'= e 3s a�o "" � 7 n6C�o �rc� LF � I �'J�O: et� $ ��� :�, �— LS $ l �� vca0. � $ /� (��r. °U S.F. $ ��. �� $ �,� �,(�ICC), °c? , , t� 0 a Construct 4" AC Over 21' Compacted Native ��� Construct landscape and 22. Irrigation as to Match Existing 1500 (As Directed by Engineer) Storm Water Prevention � ' Pollution Program (As 23' Required per the Caltrans � Encroachment Permit) 24. Survey Staking 1 Special Services (As Directed 25' by the Engineer) � s. F. � ��. �' $ �{ 0 c��� � S.F. $ � � �0 $ �! �o� o0 � av L.S. $ �� QOO• °' $ � nOf=• `"" �.s. $ J�f��p.�O � ��, ��o. � L.S. $ 50,000.00 $ 50,0�0.00 Total Amount of Bid in Figures $��� � O�^ r Tvtal Amount of Bid in Words: �!�J li � l��.� ,vn �. t a� �! T�a / h.a u s�wt')� ��d ��c�.u,02e,t� d. �i' q�i� �� ' U .��/1 �a 2.-.6t' uF- .t� n C ��c/]'�5 The cost of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay ltem are included in the Pay Item, and no additional compensation shal! be due Contractor by virtue of C tractor's compliance with the Plans and Specifications. IN itVITM��S WHEREOF CON � T ex uted this Proposal as of date set forth on Page C-1: � �%, gy. � V (Signature to be Notarized) � Title: x.C. Allbritton, Vice President {Contractor Attest b : . Tltle: David R. Grazian, Assistant Secretary C-4 � .•s, A � ' INFORMATtON REQUIRED OF BIDDER � ,�., (NOTE: NO B/D WILL BE CONS/DERED UNLESS TH/S DOCUMENT /S COMPLETED /N FULL BY � THE B/DDER. ALL APPUCABLE ITEMS MUST BE FILLED OUT. Attach additional sheets may be attached if necessary.) - � (1 � Company Name: GxaNZT� CONSTRUCTION COMPANY -� � (2) Address: P.O. Box 50085, Watsonville, CA 95077 t (3) Telephone No.: ( ) s31-724-1011 Fax No: ( ) 831-768-4021 � �. , �4) Legal form of Firm (individual, Partnership or Corporation): Corporation � (5) Corporation organized under the laws of the State of: California � � (6) CONTRACTOR's License No.: 89 ; Class a; Exp. Date 05/31/2005 �.�, (7) 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 � � � (8) Number of years' experience as a contractor in construction work: s3 � (9) List at Isast three similar projects completed recently: R'""°° Contract Class of Date Name, Address, & Telephone . Amount Work Completed of Owner 1. See attached list of completed jobs � .� �- � � 2. 3. ,. �. (10) List the name of the person who inspected the site of the proposed work for your firm: - _ J v�. "�Z..- i G r+,� r�..� � (11) List the names and addresses of each sub-contractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each sub-cvntracto�: �„ D-1 Subcontractor's Name: °�-1 ��' � v� r�. �`�i a�S License Number: �'1�� � iQ l Address: ��►i�,r�ir�1 � Telephone: (�(�'1 ) R���'11 1 1 Work to be performed: �.�tc.�v�,� � Subcontractor's Name: �-��1�t.�'i,� �. License N mber: �����ca�1 Address�ic<„1.�, (�r Tefephone: (� C� ) ��`"1� - ��'i � Workio be performed: `�+ �� � �� �,,/1•' U Subcontractor's Name: �p,, �--� �a-r�J�--�-�1 i.e� License Numb r: � f,� Address: ��-� ✓� ��� �� � Tefephone:( �%�)'��le�-��k� Workto be performed: ��v►-�'v� � . , Subcontractor's Name: � �" � �k �..� License Number: 1(� � ,�."1'� ' Address: �,��-�-�,� � Telephone: ( t�� GtLP� - �� �-3 Work to be performed: a�c- k�i c�--�--j Subcontractor's Name: License Number: Address: Telephone: ( ) Work to be performed: (12) 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 -� � .�, �.* GRANITE CONSTRUCTION COMPANY Lisf of Officers 585 W. Beach Street Watsonville, CA 95076 P.O. Box 50085 Watsonville, CA 95W7 ., , (8311 724-1011 . , . .. � �� .. . . .. �, . � � . _ .. �. � Narrre" ` Presen# Offi�e Rosition '; President.... ;.:-.. , . . � Dorey, Wiiliam G. IChief Executive Officer Executive Vice President Boitano, Mark E. IChief Operatin Offic g er �Senior Vice President �"" Chief Financial Officer ' Corporate Compliance Officer Barton, William E. Assistant Secretary r� Senior Vice President Donnino, Michael F. IAssistant Secretary Senior Vice President Roberts, James H. IAssistant Secreta 0 ry `Vice President Assistant Financial Officer Treasurer .� Allbritton, R. C. Assistant Secretary � � Vice President Franich, John A. IAssistant Secretary � �Vice President Secretary Futch, Michael General Counsel Vice President p�*! Goodson, Darryl W. IAssistant Secretary Vice President ' Kaub, Brian C. IAssistant Secretary w, Vice President ` Kremer, Randy J. IAssistant Secretary `Vice President Assistant Financial Officer °""� Controller McCann-Jenni, Mary G. Assistant Secretary `Assistant General Counsel �., I Cady, James M. IAssistant Secretary Assistant Secretary I Grazian, David R. �Director of Corporate Taxation � Smith, Kenneth M. �Assistant Secretary Watts, Richard A. IAssistant Secretary Updated: 03/09/05 L:ISHARED.CON/PREQ04-SY/Prqmst 04/Officers Schedules/O�cers Custom Views.xls Page 1 of 1 � � � ■! � 0 �' O C � � +�.r � L Q � � V � � � vr ; L � \ ` V � Q% Q L O C� N C N 7 p O Q 'd' u � � c 0 U `m m 3 n m O �� m R � � W �-' t � U � o E ': tir ma c = .c � � Y W LI � M a/ C � � A L Y+ �^ z a c"n C 0�0 N O f�p � N N N W � v r v o co a a' o� v � O x c� x x N � � f6 ta � x � � p .LL. v .�'.�.. � �{ a a� �(O M C Y O W N O O�i �' O�i o�p m a�D W 0�f1 V) O y 1�- 0� � h. 1� N u7 � ..�.. M C`) � C ❑ � {- N N (C �' C CS C� O n N N p � g W Y N N Q(�O f�0 �� 1n N�9 (D y O(O (O Q f0 �D U C�'> � � O O 'm�,.o, (�m� z�� o�� oC� w � �, y > > Y V �p tC o` a 3 o fQ c a, c, m . `o p � c y d '° N °= •c m -L � c .c m � o o� Y �3 a�i � ' 3 c v a °' y � � m [� R C � C U 3 N � 'G N o N ro � F � � V d � �' , UJ U C 0. p� N 'C a � E rn c � a aNi "'oi � v � E a� o `° _ c m � � m � � d�� "-� v a a 3 � � r ��;� m o 4 �¢ a�i r w �� U.° `—c° rn U � °? V c�i � � c� c Q � Uv o o °:N a m � '� m`L 5 cU. n � ai °: x� � a°i d` a�Oi > o� o ii � U w� � d�� J 0 C Gl N> W O O N a' m � '�L 0] � � (¢0 O � lCQ rn L �� N E E W m E a�i � O o�� � �� m R� y �� � c,`°�o a � d n o z x��`o a�`i =�i's`c� a`v> � Qina" � v''i��c� � v�u�c� c 0 0 `m y '� e � �? O � °- �9 �o Q � v V c� m N a o � N � �. 1[� � 'C l� '� 1�[ � � i E� rn �> rn o tq rn � o c m � Q :G m Q � _ Q `o rn � rn v .c � y U � Y U U� U �` � Q U � U a o U q � o o p d o o V V � � 'Q G. N V N fn N �" • N N.0 N C� C O T O L d m o� ai aQi Z� "' iy E E s E �� m � c� E E c O o'� �`y � � m a ji �o m��o � f�0 Q N N O N U U^ U � p � C� C 2 2 e� O U.�- (n Z{ n N N ONi � � c�7 � (q c�0 (n � � �p � N � £ r � K l� 4�0 t0 � N N N N N N Z O � � O N �� ,Q E w O' � X � � N a `� O �ry C O N E•C N `� � U N O O '�-' � u N d N � U f0 L y T � � E � ti a d � ro a � � � � �{ � � � _ � �.. C 69� � ` � �"'1 � Q � � U � � � � O � ' i d � � ' ` Q V O w �,i L O C9 N � O O M N sT p �t r � � M E M N ti � � Q C7 tn N p N V M M W u� (G A C O U ro d ; a a O '� > m ;� m �- s - U A c E v x x `m x d � LL `N > �N IL �vNj Il � �p E X 'ai r� v �n u� o o m ro o o rn W R � W �� N ~� t�0 0�1 � N� N W N M y O V� c0 7 V� � f7 C N� Oy' ��A�h �NN € CSCS �cboS m � @ M M d' W W �� OMD T� n V�� E � �^^ Y � co m t Z a � cfl c� � io � � o o � v v �� o 0 � m co p c° m a�� °�..' a..' X�� ti N m c m a «y, E � v m x d°� °3 C7 n d m 9 E m _ � m �� rn 3 m ,`m � c c c�i � ,fl ` E y 3 c � w o � m O N f=A �' � C C U Cn C � y N Q O . E U � O y C�p R N LL C ` C.� C 9 M 7 'O N � t� y � J w � v o E o � o Y m c� d =�'' � v�i R N m N 01 C (A y C Y N N C N =�}� V L ,L N 9 V �'y0 � � O. N `U C V O C,) a °1 � d � E� � m 3 � a�i E m R o' 2 o a'a d � � rn@ ~ >: c c 's �n rn -� �> 3 o rn� N F a c,o w m m � g�:= a p n= � � �� N° e � v� � q � m � in a�i a'".@i � �� E m � �° oNi c o � ro¢'� a� o V � � p� �y �',` rn �p °, m ' � u� U @ a 3'm a� u - o� � i� :_ ��^- v c v E cri � c d' v m.c a �= a � �� � c U a� N p Q m o>- Q d � m o w� v �' �°1 .� Q m� m m c m c 3 � V a� V F a3i .o � m o > U d 1� F- � N Y U y G. N �. O. �iI N Y N N N O O � V � Q y � 0 Y D � N E C > U E� � i V � N L�� O O,«�, Z Z OU �] C N W�L U (CO W F- U U N a� C� N J J C:i IY � M 3 O N d �p � r _ � C �3 � a W � N � � G N � '@- � y C Q � 9 � Q p y� C ^ m N Q.' M a d� U n c� � y� € N p � m a E m o a�¢ o aci m°' Y p' �' �0 4 R a� °1 `m �U U a�U > V U T U m �{ � � Z m X u' > i, ° F. a; � o in o E � N U H M�Q �> O ` � C .0 �, L Z U � N W,�- � I- O� F- ��� J�.� `a m rn �i m rn E N N � � 4�'1 � N N N N N Z 0 7 N O N N � � a o E w a� � R d y % C O � O y E .0 � d w U U1 OO � fl' U � '� � O y N y U � fp y O �,i� � 0 N � N d � � , k_ .< 0 � I: �1 � a+A AA *R \ � ► � � �V w � � 4 � V � � � 0 O � ' i d C � V � � O ��f.r y i p C� N c v n r ro � p o � Q� m o c°�v_ v�i. V � 'a � O M � C O U 'd d 3 � a O - °7 > y � � .0 R � � Ua°�i °' R w W c � � m � c x da >.W t� � m � c i s� � � � � � � � � . �a a: � � o� m n�� o �.- r .o c� w c� �n ;° 3 m rn W lL m a V� C C� N �� � i��- I'��. � 0 M N m O N ��' L O 00 N �°' � w�-.��a a�ic�'vu�'i ��d oabcb � �a�d� Eo ����om a mcv� Y�n �°wc°Do@ ��m� A'= G C fD f0 � � N N d aD N �(j tn � �� �{j a � o ❑ � � U � ?' 'c0v � � � � � d � � o � � .�.. '' rn d v � a�i d � oj c' c' v m v � f0 Q c � m 3 fl- m 0 oi •- 'o �, .- � 3 �y? �, o, m m3 = � �o U o•- � m,� a m � '> c m o � d� � fl. a � oo v C a •y •(U = m o � O�'> y 'O '� N G� C 'O N� N O. N `I N Y E � y'o N R 'X O� N U N p O (`�7 L f0 M 01 N C L !1 p �'O � } d V .3C �M � F`p F- C Of d � � y!n � C N � N � � • 01 � w .O � a C� O O O � O O C Z D C a V � c cn � a � o !] a� o v o ¢ �° o m 5 � m o Z y°' °—' " o o �' g � � Y Z• 3 c t a c o a U'�v � � o � �¢ � �� � n � Z U� m ai c�'� J C C � .� F'. � (,i � � p i'�.. N J 4/ N C C:J Z Y � Y 0 o m Q`�' R a � U o 3 y�� m ,n m o�- � � � � � X Ql G N N O. Ol f0 L O (A N L INp V% N� C y Z VJ (n U N R U V d m U F� � J F- d � i.J F" f6 l0 V o 0 G 'C J . Q o � p C e' � R O. N a o � C �y � N f`C4 � N y � N C O O ~ ~�� i G N y H �vnj 0 p �, � � 3' Q d� 4 m�� o i, m X m 2� °° �� Z c �� V �° o�� � u' i-- t z> 'C "' m O x � � yC m� �--� ..�. d � H N V% C O N � y m Y G> y N � � Q�� O M N t7 � O � N O �'O M � O "! � 2 �� Z Cn d VJ U U d OJ (Y '- S Z M(Q Z eN- U a` N N o c� �n a ao � v`�i � m � � � N N N N N Z O 7 N O m N � �, a a o � d i t/) d N d � � O o � E a � Q L � N O p �0 �' U � � N N � U � t=4 N O j _ E � ti 0 � � �, � a 0 � � .:rc' � �.., � � � A�P! AA4 _ � � � � � Yr'++ �' '�++ 4� � V � � � w � � d � �' v� � O +.� U � O C9 N r � 3 O O a rn � v a c 0 U m v e ; A a� O' ? � � m °� = m R � � _ _ d U � a. C � � W d �o i m C R F � L �C 3 O N R � � O1 W LL C n I� O dj �p h I� d � p 00 CO L J Z 0. r � � a CC N Q N V � O ci `� 0 y O m A � N N �,j l0 x E N R C Q � X� p � N v O �{ �N N V f0 O) � � tn ,�p� O w C N O M R M . (D N N� � C7 NV • y�� pV � N� Q j� �Up N V N(h M � 6i � �`p d N�`p l0 N V .Y � � � N .0 OD � co co p n n d � r n y j� r�o Y U co �eoo doo m �oo�e Eoo E 2�0 V Q7 CO C N N 3 Y N N'n N N N � ?. ..�. -�i � .�.. 9 � �. � E 1�- � .�.. I-� � �. � � ri O I`` M CV t0 h � v ci O � a � �s U U U � C G L7 Qi Of N <0 ` N b C � C � L d �O G O d O c�9 = V _ N 4] N U m w y N 4� N II • C �� �C � C �X Ol G C = C.� � �� L N f0 @ f6 � t0 U @�� E� a � v� 'c �ge a�i v, `t `o m n ai .c � m � 3 � 3 fl" c C � � N Qj Q � m t O N O UI Ol . y N 'O N C y y V y'O G � O � O a E lC r (6 ?� C p� C Np 7 C � � C > U U V N d N � N•� N C •7 � � m p � N � N N C t O Q d� N� m � 9 0� y a m � a � v ¢'w u m a �S �� o= a`ci ° ' � ro ° 5 � R .� a=i m`y° a? d n. c� m c o� � E � � �c � �� � o. _ ? � j, d p �%- CJ � p�, m p G � f) 3 � U p N G N 4 � E ai u' � a� • � v � 61 a�i ��' °1 o c°> m � � 3 cg' m�' c c o v� fl, � w 2'm � 2'm ,c � a � � m a � ° ��" t f.I E° m N c o+ a�' c� � E E m ai � a> a�i �' ?S o ��'� c � Q y O O- Q,°� •� L 5 0 � �. �'c J .w Z 'p d R fC V O O l0 f") � �1 f6 � O L � d � ti � o`c, �'= m 3 m U 3 oi ob o� c > o a U c .o c� 5 w E C N C"' � C � �'C .� � V � Y Q N � G1 .'Gr !D 'O N � � C G N Z �� H�°+ E m o ? d w o. � I� O a m F� K a <n d K a w� � a` 3 � m � � � o � o � d � fC0 � � � o � � a � a w R a � Z � w n °" o c Z d N d' � � � Z N O � 0 m o � �� r � � N y 0 J � � � J � N fV F'" c � E�n o p o� o a�i � n� nl � Ef� T � @ � ~ N Q A a�¢ U m�^., 4 U¢ V o�,? Qi c E X c c c � O fl" N ��1 N N� N C N N 7 N � 7 7� � O N (%) l.�- F- I- ❑ 0. F- F- t+> F � N N � h ^ N N N m � `o � � '' E N � � Q o q U � c 0 � O U ac�r'- M N 0 `o � `o E � � I� U Q ¢ N � N 7 � 7 !- M F- V N N O N w� aQ o� �° � Q� `� a' � � �' E � at � o � � V � N 41 y N L y Q N � � � i � 0 a � � � � � s� wes R�N � �lY� �' � � � O �\ � � _ � � � � :�. � v� � � � `` � i � \ � v E ;� U � Q C9 N C M V M N � N � � � V � oi r rn a � � o u�i_ N V M � e{ �t M R C O U m d 3 � R � > � � W � t � U A c £ - w ui d v � A o- m c � � � � ._ w m C X � � W C � � � �- � a� � W lL 'c0_ O O L� M m(�O O ^� � O O O y^ '�'p � � " � � (Jj N N � tj sI E � � o co �o E rn rn in N Z c�o 0 1R t C W� W � N N � O O �� .0 ln z a = o�, ov � o o �^� U` � m� o �' � c a m Z' H c � � ° � � c O1 h a �o 'e � � a j�� '' = d o m`�' o � ° � o� o LL c y� m Q�+ p1 � y N a1 �o � V V-Y G �. V N p, d O Q C N f0 Y � c d - d c -� � 3 ,Q � p � C O C^ d� X N U � N ^ 'jq N � 'O � ;O G1 C • d y � QI O f6 W C? � C �' U N C y �C N� � E � a o c o' 'o- w _ E °' m °'`o m � � � � 0 � r� C � � � Y N O p a > y Q m � = vi t ��p C ly ,p � ��p N � � C C f/i � `d L N> `o E a c •� N m � m c'i `-° a° n o a� � �n � 3. C � � � 01 Y � E O � G ���, O} N � � t N R O' U 0 a Z> 3 t�G O O U N LL N V W C N� C �'O U J a ° '� f0 m Q = U E 2 � 3 v o�� E ��� �0 y a��i c i'i GJ U � m -�, -�, o V j� y ci � � c°'i � m� o o` o� a � .Ev m m�' n� f6 � �'S+ � � o- L E o o� m 01 a�i a�i ' m m� m Z v� cn E � � C� � m m in �' �' 3 � c� a� 3 � x x c� rn° rn 5 N C � O � C , N � � .�+ `3 0 $ t 3 �n .N U C N aj O O O � �' (D n � N � Ui O R N N E� O y c � � v U� d a� � � � ° N m.^J_ Q iq '� ~ �- � 'O � ` ` O� m�� U C N 'C � F- 'II �� t V N F- c �, � m Z C% a�_ C N �'C Gj '_ '� r¢ O y Y 2 N� 1° oUz o v mv�'i v o V � U E c n M c � o � L o� '`c o� � z� z cnQ�in ¢�a m�m a�v� t.�-in2 � � N N O� � T � S � l� N N � N M Z N N N N N O 7 � 0 � � m � a 0 N N � � a O' O R � � a � � � o o d E :o � n ,c m �C U d O � fl- U N � N N � U t0 � y � � N � � ,� .� �, n� w A i � 0 C � � � � � Q. � V v C � 1� > i � _ � / � Q V � w V i � C9 N C � � �p �+ N = O � M N V O N M p) Q n N W ti V V O tn c0 O� V W C O U m` d 3 a m O > � ;� m � s r U R e 6 W a c � � Wa' � o W o� lxC O N O N � N d O LL N` ui a`l th x� a N - V V d N f� N N C N� N� �' � � r x a? � C �' N d N C� 3 n m t�- 1� L Z a U M U C�7 � O� F pro ��� z v Z .�.. �D � .y., N d Ol L � �. 3 N � p 't 3 N Y s� c a r o, d �� m a a� a z a� o� y a � �t a G1 'C � U y � p C L .�C y� 0 N N Q N N G1 � d C � � N d a Z °" ° c Y Q E� m°� �E in m W E `� ° a�i c 'C d� rn � i o � c c -o � � a� o c N � Q u (7 m :° � d c 3 � a y'S c •o � V Z c;� m �o p � � y o'�t � �;n a? a �i t7 u�i �.�c � a'� � w�0 o ni �� axi c`f a � d' y� � �,o � � ��j v � m w c c � � �a ° � a�i � �S rn v r 'C � �, � g � m � '� � � M � � � ofi :�' a rn � M � a �' % $ � c � c � � � 9 � ,� �� m.� ���� S °o p o�� E o'0 2 a+ a°�i c U U Fx- v� � N Y= T � Of a� U O O II f6 X 4 Y(Q M C X 00 � C W C C N p �� U tL >` ai rn y E� � uS � E s W�A ° U t m Q y o d m o F- o m 3 E �o N u� -- E y � E v� � '� UQ o g o n A Z a.c z 2 tp O 2 v _� in � a _� 1- o�. u � 0 F^ � n�i vi m ..�� U� �� t 0 0 o W o � .� ,� ` p 3 0 0 0 � � a O y � y T N a c� n V� � C �- ' �1 � p) (D O "w �- �� F" �y � F�� W M F- `�1 V � V � � � a � O� �$� y� O O V ti � � � D ELU �riU �LU U �`'F- E�X �c �c r in � o F- q d O Y d O Y � O Y � L � y � � N J ��� �� J a I� Q Q� a R h O~ O~ O y (4 N_ F.. � J Z � V�' � � V�' � � V�' (� � r � x df �" h r � N � � � � � 0 � N N N M N Z N M � � O N �� �, a O' O X Q� a P o � n E °> o° `° a U N � d N � U tb L y � � ! E � � 0 � m a Y" 0 � ■"! � � _ � � � C � w � i Q, � � v� C � d O `4�i1 ' i d � � i�i . V O �`F��•1 V L p C9 N C �7 O Q R v � � C O v dd 3 a � O •y �� � 'C N � L � U A c � W c � � A w Wii avv N � m � 7 �V � O U ^ �' s � z a o � a N O W ui a c O U m J o W � E o •@aoroco g o a `o �' `�ro rn � c D L � � L � C% � OJ M � w p� c c V- � f�- f� R . 0 o z a S ¢ d.' :°'. m m � � Y = O p � :a 3 ;� �0 4 � 'd � � D D L G Q M Y a�i r�i i'v a v .E w 3 0 C R � � � �i O N U/ � �- N N y O U 1n O � C fQ � ['�i a `�', �� aai v � m p C p �X d' N g O GI f0 C G. o V a o �� �i � m a m� o pj I- �• ai � � � x ,R ro V � � v m � � �. � m � � a a � � L z 1° m z 'c°�a°� s�ao 0 0 0 � �� � _ p a a O tc�p � t` �/yl ~ O ~ � O � O N ,a n a Q d X d h M � C n ~ C � LL G O. p Y fl. X 1. 19 O � m O m� p m n O � z rX-a'� LLav d N �O 'n O O 7 M M 2 O � N � � N � � M � � � �- N � o � > � ti 0 ti d � � a a O N N � � a Q V X G1 y p_ N 2] � C O O y � -C � d L � � O � d � � � E a9i a�i � cg � m v' � � ' £ � iy��� P"= �'. h �. �,. v . �' u., 6 �. 4. �„ 0 � � � HIGHWAY 111 AT DESERT CROSSfNG INTERSECTION 1MPROVEMENTS � PROJECT NO. 615-02 � '�"" STATE OF CALIFORNIAj g ) SS COUNTY OF��) "�' Santa Cruz CONTRACT NO. C20210A R.C. Allbritton �"' (insert "Sote OYVNER", "Partner", or other proper title) being first duly swom, deposes and says: thatheis Vice President pf GRANITE CONSTRUCTION COMPANY (�nsert name or piaaer or otner proper Utie) � who submits herewith to the City of Palm Desert, a Proposal; ,�„ That all statements of fact in such Proposal are true; That such Proposal was nofi made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposa! is genuine and not collusive or sham; That such bidder ,..,� has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, � � � That prior to the public opening and reading of Propasal, said bidder: (a) Did not, directly or indirectly, induce or solici# anyone else to submit a false or sham Proposal. - t , _ .,:;�; : ., . . +�:.� �w��.jA��.� (b) Did not, directiy or indirectiy,.collide; co:n'���p'ire, connive or agree with anyone else that said bidder or anyone else.would�submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw his Proposal. � (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, � profit, or cost etement of this Proposal price, or that of anyone etse. � � (d) AFFIDAVIT OF N4N-COLLUSI4N BY CONTRACTOR Did not, directly or indirectiy, submit his Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative �, E -1 thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereofi, or to any individua! or group of individuafs, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. (e) That no councifman, officer, agent or employee,.of the City of Palm Desert, is personally interested, directly or indirectiy, in this contract, or the compensation, orai or in writing, of the City Council its officers, agents or employees, has induced him to enter into this Contract, excepting only those contained i� this form of Contract and the papers made a part hereof by its terms. GRANITE NSTRUCTI N COMPANY B . � v• Signature . R.C. Allbritton Name of Bidder May 31, 2005 Date Signed Vice President Title Subscribed and sworn to before me this 31st �ay of Ma� � By: � _ Q,'� ��'ir7 � �,�,�ti� , Notary Public in and r said Coun�y and State �-�p�X�O � Y .�'.. �^ ,�DIENISE�HARRIGA� � : Camm. 1538541 � R+OTARY PUBIlGCAUFORMq , SANTA CRUZ COUMY ."""� MY COoVr41�SSlp(d IXPIRES DEC 25, 2008 � 2Q 05 0 � E -2 0 � r".�" t 0 BIDDER'S BOND TO ACCCiMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, �^ That we, GRANITE CONSTRUCTION COMPANY aS principal, and Federal Insurance Company as � surety, are held and firmly bound unto the City o# Palm Desert in the sum of $ 10� of bid amount (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 CQNDITION OF THIS UBLiGATl0�1 IS SUCH, that if the certain proposal of the above bounden principal to perform certain work "�""'' described as follows: The general items of work to be done hereunder consists of: mobilization, clearing � and grubbing, removal of stamped concrete pavement, curb, asphali cvncrete pavement and aggregate base (all removals paid under uncfassified excavation), cold milling of pavement, construction of new median curbs, outside curb and `"� gutter, sidewalk, and AC pavement! crushed aggregate base, AC overlay, stamped concrete, installation of striping, signs, pavement markings and pavement markers, �.,,, tra�c signal modifications, and installation of tra�c control devices required . during construction of the improvements and all appurtenant work as required by the plans and specifications. The project limits are from 100 feet north of the ,,,�, intersection of Highway 111 and Desert Crossing to 300 feet south. and dated �ay 31, 2ao5 is accepted by the City of Palm ,� Desert, and if the above bounden principal shall duly enter in#o and execute a con#ract for such construction, and sha{I execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obfigation 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 lega! � ��rocepding to enforce the terms and conditions of this bond, then all costs of said proceedjng, including attomey's fees, shall be awarded to the prevailing party. _ _ °� IN WiTi�wE�S WHEREOF, We hereunto set our Hands and Sea1s this 23rd uay 6f _ '� � May 2005. � Granite Construction Federal Insurance " Contract s Name: co pany Surety�S Na(1'le: Company By: #�� s � � R. . A11bri�ton, Vice President J'g's Desai, Attorney-in-Fact F-� See reverse side of page for surety address. a� ,F. e� - � ,� � ACKNOWLEDGEMENT � STATE OF CALIFORNIA } � } COUNTY OF SANTA CRUZ } � On this 23rd day of May, 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. , � ���� ��� ��� Signature ofNotary Public �-�-�j��� � �� I I ' pENISE HARRIGAN � � Comm.1538541 � � ' NOTARY PUBUGCAl7FORNIA � I SANTA CRUZ COUNTY MY COMM1SSiON DCPIRES pEC 25, 2008 � � . ,. � n � ..A . �.., 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: NJA POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK 1NSURANCE ACT OF 2002 G� � � b'= 1 � �, n m You are hereby noti�ed that pursuant ta the Terrorism Risk Insurance Act of 2002 (the "Act"} effective November 26, 2002, we are making available to you coverage %r 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, 2402, 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. CHUEtB _ _ _ `.� _ f- � � � � Chubb ppWER Surety pF *CN4BB ATTORNEY Federat insurance Company Vigi(ant tnsurance Campany Pacific tndemnity Company Aftn: Surety Department 95 Mountain View Road Warren, NJ 07059 Know at� by These Presents, That FEDERAL INSURANCE GOMPANY, an indiana corporaUon, VIGILAiVT INSURRNCE COMPANY, e New Yo�ic corporation, and PACIFIC ENQEMNlTY COMPANY, a Wisconsin corporation, do each hereby constitute and appant O�borah S. Jackson, R.C. Atihritton, Jahn D, Giilitand and ,Ngisha Desai of Watsonvilie, Califomia each as their trua and IawFu! Attomey- in- Fack to execuYe undar such designation in thair names and to atfix their corporate seais to and deliver for and on lheit behalt as surely thereon or otherwisa, bonds and undertakings and other writings ob(igatory in the rraiure thereof (ofher than bail bonds} given or exacuteQ in the course oi business on behafE of Granite Construction Incorporated and aG subsidiaries alone oc in joint venture--- ..._..._. ............. „_,. '""� in connection with bids, propnsafs or cantracts to or with the United States of America, any State cr political subdivision thereof or any perso�, firm or corparation. And the execution of such bond or obilgation hy such Attomey in• Fact in the Compan�ls name and on its behalf as sureiy thereon or atherwise, under its corporata seal, in � v pursuance of the authoriiy hereby confened shaii, upon delivery thereof, be valid and binding upon the Gompany. in Witness Whereot, said FEDERAL 1NSURANCE COMPANY, VlGIIANT 1N5URANCE COMPANY, and PAClFIC INDEMNITY COMPANY have each executed snd �—�* attasted these presents and afFxed their corporete seals on this 25�" day of Maroh, 20�5 � �ww ��l���� Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY -R ss. County of Somerset � � ,�.,,� c�� � p mith, Vice Ar ide % On this 25th day of March, 2005 6efore me, a IVotary Public oF New Jersey, personaily carne Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL tNSURANCE COMPANY, ViGJLANT INSURANCE COMPANY, and PACIFIC iNDEMNIIY COMPANY, fhe companies whtch executed the foregoing Power uf Attomey, and fhe said Kenneth C. Wendei, being 6y me duly swom, did depose and say that he is Assistant Secratary of FEDERAL INSURANCE CaMPANY, VIGIIA�lT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate sea(s the�eof, that the seals a�xed to the foregoing Power ot Attomey are such corporate sesis and were ihereto a�xed by authority of the By Laws of said Companies; and that he signsd said Power of Attomey as Ass+stant Secretary of said Companies by like authority; a�xi that he is acquainted with .lohn P, Smiih, and knows him to be �ce President of said Companies; and that She signature oE John P, Smith, subscribed to said Pawer of Attomey is in tha ganuine handwriting of John P. Smith, and was #hereto subscribed by aufhority of said Sy- Eaws and in deponenYs presence. Notaria! Seat Q�EN s. �,�9 STERHEN B. BilADT ,�,w o�, y`Jcrtary Public, Siate of New Jers�r � �, NpTARy Na. �3?1097 . --•-- Commissian Cxpif�s Oct. 25, it?f}9 , pUBL1C+.� —• 4 `_ tVotaryPubtic ���'r' JE�S� CER7iFICAT(ON Extract irom the By- laws of FEAERAL INSURA�tCE COMpANY, ViGil.ANT IN3URANCE COMPANY, and PACiFIC INDEMNITY COMAANY: "Ati powers of attomsy for and on behaif oF the Company may a�d shalt be executed in the nama and on 6ehaff of the Company, either by tha Chairman or the Presideni or a Vice President or an Assistant V(ce Presidant, jointly with the Secretary or en Assistant Secretary, under their respective designations. The signature ot such officers may be engraved, printed or liifiographed. The signature of sach of the fuilowing officers: Chairman, President, any V)ce Prasident, any Assistant Vice President, ar+y Sectetary, any Assistant Secretary and the sea{ af the Company may be aEfixed by tacsimite to any powar of attomey or to any certtficate relating thereto appointing Assistant Secretaries or Attomeys- in- facl for purposes onty of axeauting and attestinq bonds and andertakings and olher writings obiigatory in the �ature thereof, and any such power of attomey or cerliflcate bearing such facsimtle signatura or Iacsimile seat shatl be valid and binding upon the Compa�y and any such power so exaCuted and certtfled by sach Facsfmila signature anci facsimite seal shalt be valid and binding upon the Company with respeo! to ariy 6ortd or undertaking ta which it is attached." I, Kenneth C. Wendal, Assistant Secretary ot FIDERAL WSURANCE C4MPANY, VIGILANT INSURANCE COMPANY, aod PACf81C lNDEMNITY COIV�ANY (the "Companies") do hereby cartify that ' {i) the foregoing extract of the By- laws of the Companies is true and correct, (ii) the Companies are duly Iicensed and authorized to traruact suraty business in all 50 of the United States af America and the District oF Columbia and ara authorized by the U.S. Tieasury Department; further, Federat and Vigitant are licensed in Puerto Rico and the U.S. Yirgin tslands, and Federaf is iicensed in American Samoa, Guam, and eaeh of the Provinces of Canada except Prince Edward lsland; and (iti) the toregoing Power of Aitomey is true, corcact and in fuYi fwcs and eifacL Given under my hand and seals of satd Companies at Warren, NJ this 23rd day of May, 2005 � ��c$ �4`r ` ����Q � � � � � ,�i,�; �.� + + * � " �ja s , ' _ ." _ "! - fNDiAN�' � � . 'rEW YOa+" � - . , �. . Kenneth�endol, Assistant Secreiani '` , � THE EVENT Y4U WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTNENTiCITY Of THI5 BOND OR NOTIFY US OF ANY OTHER MATTER, aLEASE iNTACT US AT ADDRESS LISTED ABOVE, QR BY Tetephone (908) 903- 3493 Fax (908) 403- 3656 e-mail: sure2vt� chubb.com n t5-10•0I54B-U (Rev. �0-02) COR?CONSENT � C � , �� � R � @ €� x . r ! ` .,, � ; „ A _ . . . _...�_ ... - . . ' . , ,. ' - . . .. . . . _� e :�K�':. .p4"�:hFk ?,�� . ` . .. . - . _ ' , - . � , . ., . . . . . , . � : ... , r,.i'��:sF�, �5^.`.i�. .�,.y� � �� . . .._ ... .. _ CITyp � _�_�. ;, F �'ALM D�SERT SITE vlclNj� � '-� .�ZAP N . T. S. FRED WARING DR � �IZ'Y OF PALNI DESERT IN1'ERSECTION IMpRp��N HIGH.WAY 1 T'S 11 & DESE.RT CRtJSSING � TITLE SHEET � � RA ON � J a a � W a�FRe�nFRDnR Q � w �� W ��� O � � �