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Home My WebLink AboutC23820 Yeager Skanska - 2005 City Wide Resurfacing 752-05CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No.C23820 to Yeager Skanska, Inc., of Riverside, California for the 2005 Citywide Resurfacing Program (Project No. 752-05) SUBMITTED BY: Mark Greenwood, City Engineer CONTRACTOR: Yeager Skanska, Inc. 1995 Agua Mansa Road Riverside, California 92509-2405 DATE: CONTENTS Recommendation: June 23, 2005 Contractor Proposal Contract Agreement Vicinity map Award Contract No. C23820 in the amount of $942,615.00 plus a 10% contingency, to Yeager Skanska, Inc., of Riverside, California for the 2005 Citywide Resurfacing Program (Project No. 752-05). Discussion: The resurfacing project for 2005 is focusing on the Palm Desert Country Club area. Our pavement management system identified a high concentration of streets that need significant repair in that area. The streets are substantially older than most other streets in Palm Desert, and they are at the point where an overlay is necessary On June 9, 2005, sealed bids for the 2005 Citywide ResurFacing Project were opened and read aloud. The following is a summary of the bids received: Hardy & Harper Matich Corporation Yeager Skanska, Inc Granite Constn.�ction Santa Ana, Californi� San Bernardino, California Riverside, Califomia Indio, California $1,065,490.00 $1,311,441.00 $ 942,615.00 $1,037,650.00 G:\PubWorks\Staff Reports�2005\June 23Wward Contract 2005 Citywide Resurfacing 752-05.doc Award Contract C23820 for 2005 Citywide Resurfacing Program Yeager Skanska 752-05 Page 2 of 2 June 23, 2005 As illustrated, Yeager Skanska, Inc., of Riverside, California, submitted the lowest responsive bid in the amount of $942,615.00. The following represents how the project is expected to proceed: City Council Construction Award June 23, 2005 Construction Period (75 Calendar Days) July 2005 through October 2005 Project Acceptance October 2005 Funding is currently available for this project as part of the Fiscal Year 2005 budget in account 110-4311-433-3320. Therefore, staff recommends that City Council award Contract No. C23820 in the amount of $942,615.00 plus a 10% contingency, to Yeager Skanska, Inc., of Riverside, California, for the 2005 Citywide Resurfacing Program (Project No. 752-05). Submit �' ` � Mark Gree City Engin� , P.E. App o al: � �i er Cro � ACM for D v pment Services �!=�',�� Carlos Orteg� City Manager MGlrg/cls/dhl Department Head: . � Michael Er�ante, P.E. Director of Public Works G� Paul Gibson Finance Director G IPubWwkslStall Report5120051June 231Award Convact 2005 Crtywide ResuAaang 752-05 doc a CONTRACTOR'S PROPOSAL PROJECT NO. 752-05 TO: C(TY OF PALM DESERT, "Owner" DATE: June 9, 2005 BIDDER: Yeager Skanska Inc. "Contractor" The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract Documents for the construction of, 2005 Citywide Resurfacing Program , PR�JECT NO. 752-05, CONTRACT NO. C23820, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda Nos. one 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 ca(endar days after that date. 2. The Owner has the right to reject any or all Proposais 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 Bidde�'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 certi�cates 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 #o 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, G1 G:1PubWorks�PROJEC'I'51752-05_Street Overlay�Bid Documents\Specifications 2005 overlay program.doc YFAGER SKANSKA 1 NC. 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. ITEM NO. It is understood that the quantities shown hereon, except for those quantities marked "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 "A"- ASPHALT CONCRETE RESURFAClNG ITEM DESCRIPTION UM � QTY � UNIT PRICE � TOTAL � 1 MOBILIZATION LS 1 /b.�o "' $/6�,Sco ' � � 2 CLEARING AND GRUBBlNG LS 1 g000 —$ 9�o ' t � 3 TRAFFIC CONTROL LS 1 /,�t�oo'� $/Sqop�" I � 4 SPECIAL SERVICES (AS DIRECTED BY THE ENGINEER) LS 1 �75,000.00 $75,000.00 � � � 5 2.5" ASPHALT PAVEMENT SF I2.5" DEPTH COLD MILLING (Transverse and longitudinal 6 Mill) SF i 3/4" DEPTH COLD MILLING (Full Street Milling on � 7 Michigan) SF � 8 LOCALIZED REPAIR (AS DIRECTED BY THE ENGINEER) SF � TRAFFIC STRIPING, MARKERS, LEGENDS AND TEMPORARY REFLECTIVE TRAFFIC MARKERS " LIKE IN 9 KIND" LS REPLACE EXISTING TRAFFIC SIGNAL LOOPS WITH 90 TYPE A- 6' DIAMETER CIRCULAR LOOPS EA � 11 ADJUST MANHOLE FRAME AND COVER TO GRADE EA I 12 ADJUST WATER FRAME AND COVER TO GRADE EA BID "B" - PARTIAL ARHM RESURFACING ITEM NO. ITEM DESCRIPTION 829,000 D 4'� $ .S2.�iZo " � , I302,000 D � $ �S� � 130,000 p /3 $ ��iQ� � I 4,500 .� � $ /.�Spp � i . 1 �f7S0 � $ ¢ 7So � 1 �o � $ �oo � � 70 Goo '" $ � � aoo � � 65 liOO � $ �000 "� � TOTAL S B9 j y�?b ' I UM I QN I UNIT PRICE I TOTAL 1 MOBILIZATION LS 1 /lo�Soo' $ /G�J�oo ' I 2 CLEARlNG AND GRUBBING LS 1 /D�,S'O�O"` $/D_ti, o' � 3 TRAFFIC CONTROL . LS 1 /Sdtvo` $/S�o' � 4 SPECIAL SERVICES (AS DIRECTED BY THE ENGINEER) LS 1 575,000.00 a75,000.00 C-2 G:�PubWorks�PROJECI'S\752-OS_Street OverlaylBid Documents�,Specifications 2005 overlay program.doc YEAGER SKANSKA INC. 5 6 7 8 9 10 11 12 13 14 ITEM NO. 1 2" ASPHALT RUBBER HOT MIX (ARHM) OVERLAY (on Michigan) 2.5" ASPHALT PAVEMENT 2" DEPTH COLD MiLLING (Transverse and Longitudinal Mili) (on Michigan) 2.5" DEPTH COLD MILLING (Transverse and longitudinal Mill) 3/4" DEPTH COLD MILLING (Full Street Milling Michigan) LOCALIZED REPAIR (AS DIRECTED BY THE ENGINEER} TRAFFIC STRIPING, MARKERS, LEGENDS AND TEMPORARY REFLECTIVE TRAFFIC MARKERS " LIKE IN KIND" REPLACE EXISTING TRAFFIC SIGNAL LOOPS WITH TYPE A- 6' DIAMETER CIRCULAR LOOPS ADJUST MANHOLE FRAME AND COVER TO GRADE ADJUST WATER FRAME AND COVER TO GRADE BID "C" - Geosynthetic Interiayer Alternative ITEM DESCRIPTION ETIC INTERLAYER (Placement on Michigan) SF 195,000 SF 634,000 SF 64,000 S� SF SF LS EA EA EA UM 093 $ �8/ �s'o_" O�� $ 4�� iZo' o Z� $ /G, G90 � I 238,000 p Z� $ lo% $8e � 130,000 p �� $ / $. Zoo � 4,500 3 ' $ �� ,Seo' � J/'� � �i►�� 1� � ��s�� 1 -�-' $ �v � �Do' $ doo� � 70 /QOD � $ �� Ubd ' � 65 100� � $ ,� Uoo T07AL $ 9�/ D.� UNIT PRICE I TOTAL SF � 195,000 � 4, O 8.� $/�. 7s� � TOTAL $ /6 ,�j� r NOTE: Contractor may provide bids for the Asphalt Concrete Resurfacing bid, ARHM Resurfacing bid and for the Goesynthetic Interlayer Altemative. The Owner will only award to one Contractor to construct the Asphalt Concrete Resurfacing Bid or the ARHM Resurfacing bid, with or without the Geosynthetic Interlayer Altemate. The costs 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 shall be due Contractor by virtue of Contractor's compliance with the Plans and Speciflcations. 1. Bid "A" — Asphalt Concrete Resurfacing TOTAL AMOUNT BASE BID "A" IN FIGURES $ S�� 4?0 � TOTAL AMOUNT BASE B!D "A" IN WORDS �'iqr�T/�/4.Jo.eE,� S'cv�T`ic�/F .T�G�� ibNMt3 C .E�y1�� %/�- ,F'�,n/f7.�'ou�Q /I:�i.voREo S.E✓�7�/ �`�f �viJ' N� �G��l�ld 2. Bid "B" - Partial ARHM Resurfacing C-3 G:1PubWorksIPROJEC'I'S1752-05_Street Overlay�Bid llocuments�Specifications 2005 overlay program.doc YEAGER SKANSKA /NL'. TOTAL AMOUNT BASE BfD "B" IN FIGURES $ 9Z� O�o � TOTAL AMOUNT BASE BID "B" IN WORDS Nirv�,yr,.��R�Q Tw�.�sT� �S/X Tii�o�'/�N� �o/Zi�/ Z�o/�i9rLS iJNO No ,Q' �i.✓ i.s 3. Bid "A" PLUS Bid "C" the Geosynthetic Interlayer Alternative TOTAL AM�UNT BASE BID "A" PLUS THE ALTERNATIVE BID IN FIGURES $ t388, Z>•¢,� '" TOTAL AMOUNT BASE BID "A" PLUS THE ALTERNATIVE BID IN WORDS E/q•f�Tif�t�iv�R4E 0��hT/ F9!►T T/��S'�^�o �aR��J�iv�f' oo/%.�t,S�it/o /yo CE.vTS 4. Bid "B" PLUS Bid "C" the Geosynthetic Interlayer Alternative TOTAL AMOUNT BASE BID "B" PLUS THE ALTERNATIVE BID IN FIGURES $ 9yr2 G�$ — TOTAL AMOUNT BASE BID "B" PLUS THE ALTERNATIVE BID IN WORDS fiF1�� ,✓r.✓�,f,�iiiv �.e E� fo �e 7yTivo i�io vs� �o S� �( ��ii✓p �t�o roc�//.�{�c.s .sw .o �✓o C�s,✓Ts The costs 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 shall be due to the Contractor by virtue of Contractor's compliance with the Plans and Specifications. IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on Page C-1: B� . Signature ~ Tltlt?: James L. Moore, Vice President Contractor Attest by: - N ic in for said County and State TItl2: Joseph Nogues, Secretary/Treasurer S�� AT1�C�#�� N�T�RYA�K��E��EDGb�E�T C-4 G:V'ubWorks\PRO]ECTS\752-05 Street Overlay�Bid Documenu�Specifications 2005 overlay program.doc Y�EAGER SKANSKA lNC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 9, 2005 before me, Patricia Macias , Notary Public, personally appeared James L. Moore � personally known to me - OR - =�A��1N1ff�f��N��f �f ��f �N��f �!f ! PATRICU MACIAS : � COli�l #1472780 wGrnm��c - au.a�ow�� t a�rEne� co�rtr ' M� co�� . sooe� f�J��f fff��ff*ON��f��ff�fM�ffff��f �f ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name is/a�e subscribed to the within instrument and acknowledged to me that he/s��ekkey executed the same in his/�e��ei� authorized capacity(�es), and that by his,��'�� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WTTNESS my hand and official seal. l� Signature of Notary Public OPTIONAL Though the information be(ow is not required by law, it may prove valuable to peraons re/ying on the documen! and coufd prevent fraudu/ent removpl and reattachment of this form to another doeument. Description of Attached Document Title or Type of Document: Contractor's Provosal Document Date: June 9. 2005 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James L. Moore ❑ Individual � Corporate Officer Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RIGHT T4IUMBPRINT ❑ Guardian or Conservator OF SIGNER � �ther. TOP OF TNUMB HERE Signer is Representing: Yeaeer Skanska Inc. Number of Pages: 4 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RIGHT THUMBPRI�T ❑ Guardian or Conservator �F SIGVER � �ther. TOP OF IHUMN HERE Signer is Representing: YEAGER SKAN5KA 1N� YEAGER SKANSKA INC. CERTIFICATE AS TO INCUMBENCY AND AUTHORIZED SIGNATURES OF OFFICERS The undersigned, Joseph Nogues, does hereby certify that he is the Secretary/Treasurer of Yeager Skanska Inc., a Califomia corporation (the "Corporation"), and further certifies in such capacity that: 1. The persons named below have been duly elected and qualified as, and as of the date hereof are, officers of the Corporation, holding the respective offices set forth below, and the signatures set forth opposite their names are their genuine signatures: OFFICE Chairtnan President/CEO Chief Operating Officer Vice President Vice President Secretary/Treasurer NAME Salvatore Mancini William V. McGuinness Bill C. Meyer James L. Moore Jacques S. Yeager, Jr. � Joseph Nogues 2. Pursuant to the Corporation's Bylaws and certain Board of Directors, the above officers (and any of them acting individually) have been given sufficient authority to act on behalf of, and to bind, the Corporation and that upon execution by said person or persons of bid documents, contracts and related documents, each such document will constitue a legally binding and enforceable obligation of the Corporation. 3. Pursuant to the Corporation's Bylaws the undersigned has the power and authority to execute this certificate on behalf of the Corporation and that she has so executed this certificate and set the seal of the Corporation on this 23`h day of May, 2005. �Jo p Nogues ecr y/Treasurer YEAGE'R SKANSKA 1 NC. (NO B/D WILL BE CONSIDERED UNLESS TH/S DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE lTEMS MUST BE FILLED OU7� INFORMATlON REQUIRED OF BIDDER The bidder is required to supply the foliowing information. Additional sheets may be attached if necessary. (1) Address 1995 Agua Mansa Road, Riverside, CA 92509-2405 (2) Te(ephone No. (951) 684-5360 � � � (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of Corporation California (5) Contractor's License No. 140069 Exp. Date May 31, 2006 Contractor hereby swears under penalty of perjury that this information provided is true and correct. ��B' -i� . — r Tltle: James L. Moore, Vice President Signature -i Contractor (6) List the names and addresses of all owners of the firm or names and titles of ail officers of the corporation: See Attached List of Officers of the Corporation. (7) Number of years' experience as a Contractor in construction work 86 Years {8) List at least three similar projects completed recentty: Contract Class of Date Name, Address & Amount Work Completed Telephone No of Owner Street �, $1,754,916.02 Improvements October, 2004 Citv of Rancho Mirage (760)770-3224 �69-825 Hi¢ w 1� Street Rancho Mirage, C 92270 2. $6,134,192.44 Improvements March, 2004 Citv of Rancho Cucamonga (909)477-2740 10500 Civic Center Drive Rancho Cucamon$a. CA 91730 3. $7,917,447.35 Paving November, 2004 CitY of Palm S r�,_n�s (76)323-8229 3200 Tahquitz Canyon Way Palm Springs, CA 92262 D-1 G:�PubWorks�PRO]EC'TS\752-OS_Street Overlay�Bid Documents�.Specifications 2005 overlay program.doc YEAGER SKANSKA /NC. Yeager Skanska Inc. Listing of Corporate Officers and Directors As of May 16, 2005 Chairman: Salvatore Mancini* 16-16 Whitestone Expressway Whitestone, NY 11357 Appointed: 9/27/02 Chief Operating Officer: Bill C. Meyer 1995 Agua Mansa Road Riverside, CA 92509-2405 Appointed: 10/20/03 Vice President: Jacques S. Yeager, Jr. * 1995 Agua Mansa Road Riverside, CA 92509-2405 Appointed: 8/ 18/95 Director: Hans Andersson 16-16 Whitestone Expressway Whitestone, NY 11357 Appointed: 9/27/02 President & Chief Executive Officer: William V. McGuinness III* 1995 Agua Mansa Road Riverside, CA 92509-2405 Appointed: 1 / 19/04 Vice President: James L. Moore* 1995 Agua Mansa Road Riverside, CA 92509-2405 Appointed: 12/ 1 /93 Secretary/Treasurer: Joseph Nogues 1995 Agua Mansa Road Riverside, CA 92509-2405 Appointed: 5/16/OS *The Chairman, President and Vice Presidents are also Directors of the Corporation. YF.AGER SKANSKA lNC. (9) List the names and addresses of each Subcontractor who wil! perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: pR S / License Number: ,SG9.�S Z Address: R�dFi2 5 �o� G4 Telephone: 9S"/� �8Z ' /D 9 ¢ Work to be performed: Co� o rv� �c c�.�9 Subcontractor's Name: S�Q�Ak�� • License Number: ?SZ�� Address: Ri�ti � Tetephone: 90 9• SJ9 • Z9� 9 Work to be performed: 5i.c�P�.✓9 ��eK�.��,� ��.�'E'.�� 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 D. C. Bockmann (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 G:1Pub Works\PROJECTS\752-05_Street Overlay�Bid Documenu�.Specifications 2005 overlay program.doc Yf.fIGER SKANSKA 1NC. (9) List the names and addresses of each Subcontractor who wifl perform work in or about the work improvement, and indicate what portion of the work wiil be done by each Subcontractor: Subcontractor's Name: License Number: Address: Telephane: Work to be perforrned: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: 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 D. C. Bockmann (11) A financial statement or other information and references sufficientiy comprehensive to permit� an appraisal of your current financial condition may be required by the Owner. D-2 G:1PubWorks\PROJECI'S1752-05_Street Overlay�Bid Documcnts�.Spocifications 2005 overlay program.doc YFAGER SltA1YSKA lNC. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ) SS James L. Moore , being first duly sworn, deposes and says that he/I� is Vice President pf Yeager Skanska Inc. 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 a(I 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 me this 9th day of June 20 05, B � - _ �� Signature �� Tltle: James L. Moore, Vice President Contractor Attest By: - N t�ry Public 'n d r said County and State �---- Tltl@: Joseph Nogues, Secretary/Treasurer S�� ATTACNED NOTARY ACKNOi��EDGMENT F-1 G:�PubWorks�PROJECTS\752-05_Street OverlaylBid DocumentslSpecifications 2005 overlay program.doc YEAGER SKANSKA /N� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 9, 2005 before me, Patricia Macias personally appeared James L. Moore � personally known to me - OR - ❑ 3f�i��fR�flf�fN��l�R��f��f��*��f��fs � PATR�IA MACIAS t � COA�N►A �147i780 wo�r�nr ��c • cN.�+onw► �j ar „ wve�oe co�xtry ; : Mr cwMrwon e�+�. �.r. a�, �ooe; •lrf��flff}RMf�f4f�f�r��flfff��ff�ff• , Notary Public, proved to me on the basis of satisfactory evidence to be the persons(s) whose name is/a�e subscribed to the within instrument and acknowledged to me that he/�''��:*� executed the same in his/�er�kei� authorized capacity(�es}, and that by his/�e�� 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. � , GZ��C t� Signature of Notary Public OPTIONAL Though the informa[ion below is not required by law, it may prove valuable to persons relying on 1he document and could preve�r! fraudulent removal and reattachment of this form to anolher document. Description of Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: June 9, 2005 Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James L. Moore ❑ Individual � Corporate Officer Z'itle(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RIGHT THUMBPRMT ❑ Guardian or Conservator OF SIGNER � �iheI•. TOP OF THUMB HERE 0 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RIGIIT THUMBPRI�iT ❑ Guardian or Conservator �F SIGNER � �thel-. TOP OF THUMB HERE• Signer is Representing: Yeaeer Skanska Inc. Signer is Representing: YEAG�R SKANSKA INf� BIODER;S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Yeager Skanska Inc. aS principal, and Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent of Amount Bid (10% of bid) to be paid to the said Owner or its certain attorney, its successors and assign�; 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 OBL)GATION 1S SUCH, that if the certain proposal of the above bounden principal to perforrn certain work described as follows: The peneral items of work to be done hereunder consist of: mobil+zation: cleannq and arubbinq; asqhalt concrete pavement: removal of asphalt concrete pavement and aqqreaate base in deteriorated areas (unclassified excavation) and reconstruction: application of asphalt rubber hot mix (ARHM) overlav or Conventional asphalt concrete overlay; adlustment of manhole frame and covers to prade: adiustment of water valve covers to prade; traffic siqnals: installation of stripina. sians. pavement markinQs and pavement markers: and installation of traffic contral devices required durinq construction of the improvements and a11 appurtenant work as reauired bv the qlans and saecifications. and dated June 9, ZooS is accepted by the City of Palm Desert, and if the above bounden principal Yeager Skanska Inc. .. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Perfo�mance Bond and Payment Bond and insurance certificates as required by said c�ntract, then this obiigation shall become null and void; othen�vise 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 p�oceeding 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. THIS AREA IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS F-1 G:�Pubworks�PROJECTS��SZ-05_5�rcct O�crl�f0id DaumcnulSpccilications 2005 ovcrlay pro�m.da: YEAGER SKANSKA 1NC. IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 3ra day of June ,, 20 os Yeager Skanska nc. Contractors name: . - _ � - �- �� J�� . Moore, V1ce Yresident S urety's N a me: �elers Casualty and Su�rety Company of America B>� �-•--,... �. ` l_� , y � �� " � Ad(i��SS. �9300 Civic Center Drive, Suite 390, Fremont, CA 94538 , T;ijg; Bonnie T. Atnip� Attorney-in-Fact TeleFhone: sio-s�s-z000 SE� ATIACN�D NO�A�� RC��I�EDGM�i�T F-2 G��Pub Works�PROJECTS�752-05 Streec O�erlaylDid [)ocumenLS�Sptcifcations .005 ovcrlay prograrn.doc YEAGER SKANSKA INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 9, 2005 before me, Patricia Macias , Notary Public, personally appeared � personally known to me James L. Moore -OR- ❑ _��*� � �f f f f! �� N�} �� f �A f �Rf �N� �� • : �►��cu �CtAs � � COAMN �14T27Q0 � ►ar�wtr nre�a • cx�onr�u► . � cou�rtr � ' Mr co�+�o� �r:. � �, �ooe; . 1ti�1/*f�Affftff�l�f�f��Nff�f��RR��• , proved to me on the basis of satisfactory evidence to be the persons(s) whose name is/a�e subscribed to the within instrument and acknowledged to me that he/� executed the same in his/�o�''� authorized capacity(�es), and that by his�e�ke� 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. ��1f.�_J�l��-� Signature of Notary Public OPTIONAL 7hough [he injormation below is not required by law, it may prove voluable to persons relying on the document and cou/d preventJraudulent removal and reattaehment ojthis form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: June 3, 2005 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James L. Moore ❑ Individual � Corporate Officer "ritle(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RIGHT THI,'MBPRMT ❑ Guardian or Conservator OF SIGNER � �ther. TOP OF THUMB HERE Signer is Representing: Yeaeer Skanska Inc. Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Offcer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee RI(i11T 'iF1l'11APRIM1T ❑ Guardian or Conservator �F SIGNER � �ther. 1'OP OF THlfMB HF.RF. Signer is Representing: , YEAGER SKANSKA IN� ST�1TF OF CALIN'OItNIA � r ss. CC�UNTY OF ALAMFDA } � On June 3, 2005, bcfore me, JENNIP�;R E. DIRKING, Notaty Public, personally appeared Bonnie T. Atnip, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WI"INESS my hand and official seal. JENNIFER E. DIRKING �� \ Commission # 1398419 �ri ,�'=� Notary Public - Califomla � �p ` a � �� Alameda County [ � �y� ,. , . My Comm. Expires Feb 4, 2007r �� C�� I �� ; � t ' �- Jennif ;. Dirking, Notary Public - alifornia � (Seal) Description of Attached Document: Yeager Skanska Inc. City of Palm Desert 2005 Citywide Resurfacing 1'rogram — Pal Desert Country Club — Project No. 752-05 Bid Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FAR14QrTGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERT�ICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, consdtute and appoint: James W. Untiedt, Jefirey W. Parkhurst, Bonnie T. Atnip, Jennifer E. Dirking, Geoffrey R Green, Ralph Fletcher, Jr., of Fremont, Califomia, iheir Vue and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, ihe following instrument(s): by his/her sole signature and a;;t, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chauman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said oflicers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chauman, the President, any Vice Chauman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more ofi'icers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Gompany when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certiticate of Authority is signed and sealed by facsimiie (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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 certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-03) U��a AGREEMENT THIS AGREEMENT is made and entered into this 23�d day of June, 2005, by and between City of Palm Desert, California, hereafter called "Owner" and YeaQer Skanska, Inc. hereinafter called "Contractor". RECITALS: WITNESSETH Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, 2005 CityWide Resurtacing Program, PROJECT NO. 752-05, CONTRACT NO. C23820, 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 Documenis: 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos.1; (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 seventy-five (75) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmiess 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. 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 $1,000.00 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the 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 shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its 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. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] CONTRACTOR: Yeager Skanska, Inc. BY: Signature to be notarized TITLE: OWNER: BY: Signature to be notarized TITLE: Mayor 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 hereinafter as "Obligee") has awarded to designated as the "Contractor"), an a described as follows: 2005 Citywide Re 752-05, CONTRACT NO. C23820, (hereina and Desert (sometimes referred to Yeaqer Skanska. Inc. (hereinafter areement dated June 23, 2005, >urfacing Program, PROJECT NO. 'ter referred to as the "Contract"); 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 Nine hundred fortv-two thousand six hundred fifteen and no/00 Dollars ($942,615.00), 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, othenNise 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 befinreen 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: Yeager Skanska, Inc. By: (Signature) SURETY: (Typed Name of Surety) By: . (Signature of Attorney-in-Fact) (Typed Name and Title) The rate of premium on this bond is per thousand. The total amount of premium charged: $ . (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance 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 (Typed Name of Attorney-in-Fact) 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 Yeager Skanska, Inc. hereinafter designated as the "Principal", a contract for: 2005 Citywide Resurfacing Program PROJECT NO. 752-05 CONTRACT NO. 23820 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 as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Nine hundred forty-two thousand six hundred fifteen Dollars ($942,615.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the 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 : L'� INSURANCE COMPANY and/or AGENT ADDRESS PRINCIPAL TELEPHONE NUMBER Palm Desert M...00M 1 .Y.T.. TILL L 4- c O IS NOlON1N9VM coams K mg44.. Ia V1 1Nl N3Ni1VM S Ya iS NOIONINSVM l.a.aoL .ri.o.Lil. 6"0o*NIA AVE u.. swirram 'M 3 g WPM! • cLLIA �,. ru.y w 1111113N11VM - 4 yvnya O C O ravia▪ n▪ sa 3 s 4.40.111110