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
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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,
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inciuding Addenda Nos. k�dh.le. for the amount stated in this Proposal.
By submitting this Proposal, "CONTRACTOR" agrees with OVVNER:
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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.
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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�'�" `
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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?
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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�^
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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�
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.��/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
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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 -�
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(2) Address: P.O. Box 50085, Watsonville, CA 95077
t (3) Telephone No.: ( ) s31-724-1011 Fax No: ( ) 831-768-4021
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�. , �4) Legal form of Firm (individual, Partnership or Corporation):
Corporation
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(5) Corporation organized under the laws of the State of:
California
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� (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
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� (8) Number of years' experience as a contractor in construction work: s3
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(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
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2.
3.
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(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•'
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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.
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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
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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
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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,
�
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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 , _ .,:;�; :
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(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.
�
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(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 . �
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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
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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.
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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 �
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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
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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
_ _ _ `.�
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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
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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
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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
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