Loading...
HomeMy WebLinkAbout2008-015 Granite Construction Streetscape Phase II CITY A�AT D •O C®�ITRACT# AGREEMENT For The Construction of the DOWNTOWN STREETSCAPE PHASE IIA CITY BID NO. 2008-005 This agreement is made and entered into this © "day of 200 at Atascadero, California, by and between the City of Atascadero, her ' after referred to as "City", and GRANITE CONSTRUCTION COMPANY hereinafter referred to as "Contractor". Whereas, Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 ,-Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 -The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed, and the project Plans and Special Provisions. In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans 8. City of Atascadero Standard Specifications and Drawings 9. State of California Department of Transportation Standard Specifications, May 2006, or the latest edition thereof. Article 5 - Contractor agrees to commence work pursuant to this Contract within ten (10) working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time required by the Special Provisions. Article 6 - For any withhold of amounts earned by Contractor(under Paragraph 2), Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to Contractor. Upon satisfactory completion of the contract, the securities shall be returned to Contractor. Alternatively, Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon satisfactory completion of the contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the public agency. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e). Contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable provision). In Witness whereof, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By: ` GRANITE CONSTRUCTION COMPANY Wade G. McKinney, City anager (name of firm or individual) Attest: B (signature) �, Marcia M. Torgerson, City Clerk Jigisha Desai (printed name) Approved as to form: vice President (title) City Attorney Approv s to content: s Steven B. Kahn, City Engineer FAITHFUL PERFORMANCE BOND 8214-22-77 Federal 105107514 Travelers Bond # 08929171 F&n Premium $4,490.00 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Atascadero, State of California, by Resolution adopted on , has awarded to GRANITE CONSTRUCTION COMPANY hereinafter designated as the "Principal", a contract for construction of the DOWNTOWN STREETSCAPE PHASE IIA CITY BID NO. 2008-005 in strict conformity with the plans and specifications dated May 2008, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, WE GRANITE CONSTRUCTION COMPANY as Principal, hereinafter designated as the "Contractor" and Federal Insurance Company* as Surety, are held and firmly bound unto the City of Atascadero, in the sum of Seven Hundred Thirty Thousand One Hundred Sixty One and 20/100------------------------------ Dollars ($ 730,161.20---- , said sum being one hundred percent of the estimated amount payable by the said City of Atascadero under the terms of the Contract, 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. Executed in 3 Counterparts THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein meaning and shall indemnify and save harmless the City of Atascadero, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Plans and Special Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to said Plans and Special Provisions. IN WITNESS WHEREOF, this instrument has been duly executed by Contractor and Surety above named, on the 20th day of June , 20 08 Address of Contractor: GRANITE CONSTRUCTION COMPANY By:"-/, (seal) Jigisha esai P.O. Box 50085 Watsonville, CA 95077 Vice President (seal) Address of Surety: r Federal Insurance Company By: (seal) Ananya Mukherjee 15 Mt. View Road Warren, NJ 07059 Attorney-in-Fact (seal) *Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, Jointly and Severally Liable CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c �rcrrc c rc��acs cmc rc�ct c r .. e . rc c cc o<c State of California County of Santa Cruz On June 20,2008 before me, Vanda Funk, Notary Public Date Here Insert Name and Tide of the Officer personally appeared Ananya Mukherjee,Attorney-in-Fact Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of " which the person(s)acted, executed the instrument. VANCAVUNK Commission #► 1?"252 1 certify under PENALTY OF PERJURY under the laws Notary t -California Santao Cruz Countyof the State of California that the foregoing paragraph is mVComm.ExpireeFab 1,2012 t true and correct. WITNESS my hand a official seal. (.C� Signature Place Notary Seal Above � Signature of Notary Public Vanda Funk,Notary Public OPTIONAL Though the information below is not required by taw,,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than.Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Cl Corporate Officer—Tifle(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited D General _ ❑ Attorney in Fact O Attorney in Fact • O Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: O Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•mnv.NationalNotaryorg Item 85907 Reorder.Call Toll-Free 1-500-876-6827 I LABOR AND MATERIAL BOND 8214-22-77 Federal 105107514 Travelers Bond # 08929171 F&D Premium Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Atascadero, State of California, by Resolution adopted on the day of , 200_, has awarded to hereinafter designated as the "Principal", a contract for construction of DOWNTOWN STREETSCAPE PHASE IIA CITY BID NO. 2008-005 in strict conformity with the plans and specifications dated May 2008, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub-contractors shall fail to pay for any materials, provisions, provender or any other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE GRANITE CONSTRUCTION COMPANY as Principal, hereinafter designated as "Contractor" and Federal Insurance Company* as Surety, are held and firmly bound unto the City of Atascadero, in the sum of Seven Hundred Thirty Thousand One Hundred Sixty One and 20/100------------------- Dollars ($ 730,161.20-------�, said sum being one hundred percent of the estimated amount payable by the said City of Atascadero under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of an act of the Legislature of the State of California, entitled; "An act to secure the payment of claims of persons Executed in 3 Counterparts employed by Contractors upon Public Works, and the claims of persons who furnish materials, supplies, teams, implements or machinery used or consumed by such contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto" approved May 10, 1919, as amended, and provided that the person, companies or corporations so furnishing said materials, provisions, provender or other supplies, teams, appliances or power used, in upon,.for or about the performance of the work contracted to be executed or performed by any person, company or corporation renting or hiring teams or implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said Act, then Surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay, in case suit is brought upon this Bond, such reasonable Attorney's fees as shall be fixed by the Court, awarded and taxed as in the above mentioned Statute provided. This Bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this Bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the 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, alteration or addition to the term of the contract or to the Work or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Contractor and Surety above-named, on the 20th day of June , 2008 Address of Contractor: GRANITE CONSTRUCTION COMPANYB (seal) •gisha Desai P.O. Box 50085 Watsonville, CA 95077 Vice President (seal) Address of Surety: Federal Insurance Company By: (seal) Ai fa& VugleKee 15 Mt. View Road Warren, NJ 07059 Attorney-in-Fact (seal) *Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, Jointly and Severally Liable CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �h.c;t,��=�^ -.-._-_— _,- _.,e-1• �,.t,._t--1.- .-.-,�.�- - -.—.—,���',ct;cc',cc`.e:<`t�?c<'c:C',c;c'.ci'.cC'.rocC',c�.'��^t�sc�'�'� State of California Santa Cruz County of On June 20,2008 before me, Vanda Funk, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ananya Mukherjee,Attorney-in-Fact Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of VANDFUNK which the person(s) acted, executed the instrument. Commission #r 1740252 Notary Public -California 1 certify under PENALTY OF PERJURY under the laws 8onto Cruz County of the State of California that the foregoing paragraph is tMyComm. Fob 1.2012 true and correct. WITNESS my hand a official seal. Signature --- Placa Notary Seal Above 49/ Signature of Notary Public OPTIONAL Vanda Funk, Notary Public Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than-Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General ❑ Attorney in Fact • ❑Attorney in Fact ❑ Trustee lop of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other:._ ❑Other: Signer Is Representing: Signer Is Representing: ©20o7Nal1onalNotary Asscciation-9350DoSoto Ave.,P.O.Box 2402•Chatmorth,CA 91313-2402-�v,,wNationaMotaryotg�ltem#5907 Reorder:Call Toll-Freel-800-87&6827 5 Chubb POWER Federal Insurance Company Attn: Surety Department F Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE: COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jigisha Desai,John D.Gilliland and Ananya Mukher)'ee of Watsonville,California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed In the course of business on behalf Granite Construction incorporated and all Subsidiaries alone or in Joint venture— in connection with bids,proposals or contracts to or with the United States of America,any State or political subdivision thereof or any person,firm or corporation. And the execution of such bond or obligation by such Attorney-fn-Fact in the Company's name and on Its behalf as surety thereon or otherwise,under Its corporate seal,in pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon the Company. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VF?ILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 6 day of November,200. Kenneth C.Wendel,AssisTant Secretary Norris,Jr.,Vi Ida STATE OF NEW JERSEY ss. County of Somerset On this. 6th' day of November,2007 before me,a Notary Public of NewJersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMN1Y COMPANY, the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duty sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By Laws Of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he Is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney Is In the genuine handwriting of David B,Norris,Jr.,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seat KATHERINE KALBACHER s NNOTARY PUBLIC OF NEWJERSEY a �0-0 No.2316685 PUBLiCqq Camminion Expires July 8,2009 I Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: `All powers of attorney for and on behalf of the Company may and shall be executed in the name and an behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President,;O€nity with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman.President,any Vice t President,any Assistant Vice ProsdeM,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature 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 with respect to any bond or undertaking to which It is attached.' 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the 'Companies')do hereby certify that (i) the foregoing extract of the Sy-Laws of the Companies is true and correct, 01) the Companies are duty licensed and authorized to transact surety business In all 50 of the United States of America and the District a of Columbia and are authorized by the U.S.Treasury Department further,Federal and V1911ant are licensed in Puerto Rlco and the U.S.Virgin Islands,and Federal is licensed In American Samoa,Guam,and each of the Provinces of Canada except Prince Edward island;and (IU)the foregoing Power of Attorney is two,correct and In full force and effect. Given under my hand and seals of said Companies at Warren.NJ this June 20,2008 Kenneth C.W ndel Assistant Secretary LN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE I NTACT US AT ADDRESS LISTED ABOVE OR BY Tel hone 908 903-3493 Fax 908 903-3656 e-mail:su chubb.com i Form 15-10.01548-U (Rev.10-02)CORP CONSENT q TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In-Fact No.219185 Surety Bond No.or Project Description: Principal: Granite Con +ru ion Company 10510751Obligee: City Of At sc ad ro KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John D.Gilliland,Jigisha Desai,and Ananya Mukherjee of the City of Watsonville, State of California,their true and lawful Attorney(s)- in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. On behalf of Granite Construction Incorporated and all Subsidiaries alone or in Joint Venture. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 5th day of October,2007. Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GAS tr carr O`'Y INSG9 JP s�q�, tv hhp *0*4," TY�. � v'� State of Connecticut City of Hartford ss. Geo g-wl_ {omf:i n, o' e President On this the 5th day of October, 2007, before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. gc.tn My Commission expires the 30th day of June, 2011. x * �ttOS Marie C.Tetreault,Notary Public Ct'F' Page 1 of 2 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St, Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,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 officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, 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 officers 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; and it is FURTHER RESOLVED, 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 Company 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; and it is FURTHER RESOLVED,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 attorney 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this June 20,2008 Kori M.Johanson,Assistant Secretary �ASv,� TY SIWEf �P+"—� r.N M '� xSV/q•,..s P�tY 4N0� °M'sun" SY y,. �34 bn � o NCD9PgtA1FD co Ra,F s^I lu:�pPPORRl(.,ni : y � �IMc � � CppOAAiE ... i i F eP MAHTFORJ, J �� �Kh9 AL, e'.SSAL'a: CONN. o p�� j 1898 Y i dry� r�, d t• oFr.1:++ �9 � ��ls...AH�f, 1S........ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. Page 2 of 2 6 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY e KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the State of Maryland,by FRANK E.MARTIN,JR.,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Companies,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate,constitute and ! appoint Jigisha DESAI,John D.GILLILAND,Ananya MUKHERJEE and Connie G.MARTIN,all of Watsonville, California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings issued on behalf of Granite Construction,Incorporated,Watsonville,California and all subsidiaries alone or in a joint venture, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if it had beendulyexecuted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD, in their own proper persons. This power of attorney revokes that issued on behalf of R.C. ALLBRITTON, Jigisha DESAI,Deborah S-JACKSON,John D.GILLILAND and Mary H.LONERGAN dated June 20,2005. f t The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,as of this 18th day of December,A.D.2007. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �p otro,fel SAL ~�5 f I e 3 Eric D.Barnes Assistant Secretary Frank E.Martin,Jr. Vice-President B State of Maryland County of Baltimore } SS: On this 13`h day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E.MARTIN,JR.,Vice President,and ERIC D.BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY"OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the s . preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. t 3 B IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. l�„jiaF�?ifr�? 1'"art�15t�1 Connie A.Dunn Notary Public My Commission Expires: July 14,2011 9 r POAF 0164752C 'L EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND E "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any Vice President that is specially 1 authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the concurrence of the Secretary,to appoint Attomey-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Company may require,and to affix the seal of the Company thereto." t a EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ` "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President or any Vice President that is specially authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the t concurrence of the Secretary,to appoint Attorney-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds, and releases and s... assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Company may require,and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct e copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,at a meeting duly called and held on the 10`b day of May, 1990,and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. g RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any € Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Companies on June 20, 2008 t AWa a AL .,. i tom► t� M1N� Q Gerald F.Haley Secretary a MAINTENANCE BOND The form is to be supplied by Contractor for review by the City Attorney. WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement, .Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the work of this Contract. GRANITE CONSTRUCTION COMPANY (name of firm) By: June 20, 2008 gnature) (date) Jigisha Desai, Vice President (title) Attest: June 20, 2008 (signatu (date) David R. Grazian, Assistant Secretary (title) A• 19i$' . 1979 CITY OF ATASCADERO 6907 El CAMINO REAL, ATASCADERO, CA 93422 Telephone(805)461-5000*Fax(805)461-7612 AGREEMENT ADDENDUM DOWNTOWN STREETSCAPE PHASE IIA Labor Code Requirements. 6.1 Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of$25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) 6.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 6907 EI Camino Real, Atascadero, California. 6.3 Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) 6.4 Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 6.5 Contractor shall comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. 6.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Signed: s a Desai Title: Vice President Date: June 30, 2008