HomeMy WebLinkAbout2006-014 Granite Construction CITY;.
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AGREEMENT
For The Construction of the
ATASCADERO AVENUE OVERLAY
CITY BID NO. 2006-001
This agreement is made and entered into this Q' 91"day of M6..00-41� 200�a, at
Atascadero, California, by and between the City of Atascadero, hereinafter referred to as"City",and
GRANITE CONSTRUCTION
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
AGREEMENT
ATASCADERO AVENUE OVERLAY PAGE 1 OF 4
BID NO.2006-001
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, July 1999,
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 an.y 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 allow the substitution of securities.
AGREEMENT
ATASCADERO AVENUE OVERLAY PAGE 2 OF 4
BID NO.2006-001
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 the
Contractor. Upon satisfactory completion of the contract, the securities shall be returned
to the Contractor.
Alternatively, the Contractor may request and the owner shall make payment of
retentions earned directly to the escrow agent at the expense of the Contractor. At the
expense of the Contractor, the Contractor may direct the investment of the payments
into securities and the Contractor shall receive the interest earned on the investments
upon the same terms provided for in this section for securities deposited by the
Contractor. Upon satisfactory completion of the contract, the 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. The 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 the
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
the Contractor and the public agency.
The 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 223O0(e). The 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.
AGREEMENT
ATASCADERO AVENUE OVERLAY PAGE 3 OF 4
BID NO.2006-001
CITY OF ATASCADERO CONTRACTOR
By: By:
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Wade G. McKinney, Granite cgnstriiction Company
City nager (name of fir or individual)
Attest: s
(signature)
Marcia M. Torgerson, C Clerk R.C. Allbritton
(printed name)
Approve as to form vice President
(title)
y
Pat En i , City Attorney
Approved as to content:
Steven B. Kahn, City Engineer
AGREEMENT
ATASCADERO AVENUE OVERLAY PAGE 4 OF 4
BID NO.2006-001
FAITHFUL PERFORMANCE BOND
8204-10-11 Federal
104604163 Travelers
Bond #08837611 F&D
Premium $591.00
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
ATASCADERO AVENUE OVERLAY
CITY BID NO. 2006-001
in strict conformity with the plans and specifications.dated JANUARY 2006, 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 One hundred sixty-eight thousand seven
hundred sixty-eight and 00/100-------------------- Dollars ($168,768.00----- �,
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 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.
*Travelers Casualty and Surety Company of America, Fidelity and Deposit Company
of Maryland, Jointly and Severally Liable FAITHFUL PERFORMANCE BOND
ATASCADERO AVENUE OVERLAY PAGE 1 OF 2
BID NO.2006-001 Executed in 3 Counterparts
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 there under 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 23rd day of March , 2006
Address of Contractor:
Granite Construction Company
P.O. Box 50085, Watsonville, CA 95077 By: (seal)
R.C. Allbritton, Vice President
(seal)
Address of Surety: .
Federal Insurance Company*
15 Mountain View Road, Warren, NJ 07059 g (seal)
J a Desai, A orney-in-Fact
Travelers Casualty and Surety Company of Am ica
One Tower Square, Hartford, CT 06183 (seal)
Fidelity and Deposit Company of Maryland
3910 Keswick Road, Chesapeake Building - 5th Floor
Baltimore, MD 21211
FAITHFUL PERFORMANCE BOND
ATASCADERO AVENUE OVERLAY PAGE 2 OF 2
BID NO.2006-001
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CRUZ }
On March 23, 2006 before me, Denise Harrigan, ,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
which the person(s) acted, executed the instrument.
WI ESS my hand and official seal.
ignature of Not ublic
DENISE HARRIGAN
Comm. 1538541
NOTARY PUBUC-CALIFORNIA
SANTA CRUZ
j�` MY COMMISSION EXPIRESRE$DEC DEC 25,2008
LABOR AND MATERIAL BOND
8204-10-11 Federal
104604163 Travelers
Bond # 08837611 F&D
Premium Included in Faithful
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 Granite Construction Company hereinafter
designated as the "Principal", a contract for construction of
ATASCADERO AVENUE
CITY BID NO. 2006-001
in strict conformity with the plans and specifications dated JANUARY 2006, 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 One hundred sixty-eight thousand
seven hundred sixty-eight and-00/100----------- Dollars ($168,768.00------- ),
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,
*Travelers Casualty and Surety Company of America, Fidelity and Deposit
Company of Maryland, Jointly and Severally Liable LABOR AND MATERIAL BOND
ATASCADERO AVENUE OVERLAY PAGE 1 OF 2
BID NO.2006-001
Executed in 3 Counterparts
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
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 t0 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 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 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 23rd day of March 2006
Address of Contractor:
Granite Construction Company
P.O. Box 50085, Watsonville, CA 950.77 (seal)
R.C. Allbritton, Vice President
(seal)
Address of Surety:
Federal Insurance Company*
15 Mountain View Road, Warren, NJ 07059 By. "esa
(seal)
Ji arney-in-Fact
Travelers Casualty and Surety _Company of Am ica
One Tower Square, Hartford, CT 06183 (seal)
Fidelity and Deposit Company of Maryland
3910 Keswick Road, Chesapeake Building - 5th Floor
Baltimore, MD 21211 LABOR AND MATERIAL BOND
ATASCADERO AVENUE OVERLAY PAGE 2 OF 2
BID NO.2006-001
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CRUZ }
On March 23, 2006 before me, Denise Harrigan, ,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
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
L
Signature of Notary Pu 1'c <"
DENISE HARRIGAN
Comm. ,1538541
NOTARY PUBUC-CAUFORNIA
SANTA.CRUZ COUNTY
OwCoMMISSiO N EXPIRES DEC 25,2008
. .
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CHUBB GROUP OF INSURANCE COMPANIES
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FEDERAL INSURANCE COMPANY
MAINTENANCE ~
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BOND
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Bond No. 8204-10-11 Fodmm| Amount SPremium included inFaithful
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104604163 Travelers Performance Bond
08837811 F&O
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Know All Men By " " e= ~ Presents,
� Tho!we GRANITE CONSTRUCTION COMPANY
(hereinafter called the Principal),
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as Principal,and the FEDERAL INSURANCE COMPANY,Warren,New Jersey*a corporation duty organized under
the laws of the State of|ndianal(heneineftercalled the Surety), as Sunsty,are held and firmly bound unto
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The City of Atammd*m (hereinafter called the 0b|igee).
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in the sum of One hundred sixty-eight thousand seven hundred sixty-eight and 00/ Dollars
| (018D.788,0O----------). for the payment of which we,the said Principal and the said Surety,bind ourselves,our
haira,mxmoutom, admin|o|mkonm, auccaamonu and essigno,jointly and severally, firmly by these presents.
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Seated with our seals and dated this 23rd day of March, 2006. .
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WHEREAS,the said Principal has heretofore entered into acontract with said Obligee dated
for /0uooadem Avenue Ovoday, City Bid No. 2008-001.
and
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WHEREAS,the said Principal is required to guarantee the Ataunodem Avenue Oveday, Qh/Bid No.2000-001.
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installed under said contract,against defects in materials or workmanship,which may develop during the period
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one year following Final Acceptance.
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Executed in3Counterparts
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NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall faithfully carry
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out and perform the said guarantee,and shall,ondue notice, repair and make good atits own expense any and all
defects in materials or workmanship in the said work which may develop during the period
one year following Final Acceptance.
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or shall pay over,make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain
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by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall
remain in full force and in effect.
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G `"`' 'E C/STRUCTION COMPANY
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� By: JI/y/0*11
/ n^,,""x/m".. Vice President
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' FE0�R�LKHS�������0�P���
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By-
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*Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland,
Jointly and Severally Liable
� ~°Ha��nd Connecticut; Maryland, Respectively
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| °°Connecticu1. Maryland, Respectively
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CRUZ }
On March 23, 2006 before me, Denise Harrigan, ,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
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
- d
Signature of Notary blic 1 /_
DENISE HARRIGAN
comm, `i58854"1
`Ya1NOTARY PUBLjC-CAUFCQNtA
SANTA CRUZ COUNTY
0'mm comm,-,S'ON EXPIRES DEC 25,2008
Chubb. pQWER Federal Insurance Company Attn: Surety Department
Surety OF Vigilant Insurance Company 15 Mountain View Road
CHUBS ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and
PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Deborah S.Jackson,R.C.Allbritton,John D.Gilliland,Jigisha
Desal and Mary H.Lonergan of Watsonville,California
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf
as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of
business on behalf of Granite Construction Incorporated and all Subsidiaries,alone or In joint venture.
in connection with bids,proposals or contracts to or with the United States of America,any State or political subdivision thereof or any person,firm or corporation. And
the execution of such bond or obligation by such Attomey-in-Fact in the Companys name and on its behalf as surety thereon or otherwise,under its corporate seal,in
pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon the Company.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and
attested these presents and affixed their corporate seals on this 2nd.Day of August,2005
'Kenneth C.Wendel,Assistant Secretary n PAmith.Vice Presid
STATE OF NEW JERSEY
as.
County of Somerset
On this 2n°. day of August,2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which
executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duly swom,did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to
the foregoing Power of Attorney are such corporate seals 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 John P. Smith, and knows him to be Vice President of said
Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed
by authority of said By-Laws and in deponent's presence.
Notarial Seal
Q��N B.8, _
a,N01A R yam-`` notary RW Pus biStcde of New Jww
No.23210197ry
F'UBL%G y �mmi�cipn Ex rw Od.25,2009 oto Public
�4, JEPS� 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 on behalf of the Company, either by
the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective
designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,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 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."
I,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 By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District
of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the
U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward
Island;and 11�
(ii!)the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this March 23, 2006
t� S+ • G / ,
ayaM+r s, ti �EwroR�'
Kenneth C.Wendel,Assistant Secreta
,
N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE
ONTACT US AT ADDRESS LISTED ABOVE OR BY Telephone 908 903-3493 Fax 908 903-3656 e-mail:surety@ chubb.com
Funn IS-10-0154B-U (Rev.10-02) CORP CONSENT
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY
FARAUNGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE 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, constitute and appoint:Deborah S.Jackson,R C.Allbritton,Jigisha Desai,John D. Gilliland,Mary H. Lonergan,
of Watsonville, California, their true 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, the following instrument(s): by his/her sole signature and act, 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, on behalf of Granite Construction Incorporated and all Subsidiaries alone
or in Joint Venture, 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 Attomey(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 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.
VOTED: 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.
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 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.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(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 attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-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.
(02-05)Special Wading
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President,and their corporate seals to be hereto affixed this 14th day of July,2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
)SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
�A J'OY AND GASU&
Off • r�L
Thr c HARTFORD, i d ']g g 2 O BY
CONN o Z
� �.�• �; George W. Thompson
Senior Vice President
On this 14th day of July,2005 before me personally came GEORGE W.THOMPSON to me known,who,being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G.TET
My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force. 3
LIAR, 2
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this day of
120
w J'OY App CPA
t1ARrFdRD� HARTFOW, < d
1982 O
coNa
By
Nicholas Seminara
Senior Vice President
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
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 S aryland,by WILLIAM
J.MILLS,Vice President,and GREGORY E.MURRAY,Assistant Secretary, in rity granted by Article
VI, Section 2,of the By-Laws of said Companies,which are set forth si ereo e hereby certified to be
in full force and effect on the date hereof, does hereby nomi t aTTON,Jigisha
DESAI,Deborah S.JACKSON,John D.GIL p of Watsonville,California,
EACH its true and lawful agent and A }f• k e� eliver, for,and on its behalf as surety,and
as its act and deed: any an I s= ort behalf of Granite Construction,Incorporated,
Watsonville,Calif, 1�tlbs►d' a ,joint venture,and the execution of such bonds or undertakings
in pursuance of thes
p upon said Companies,as fully and amply,to all intents and purposes,as if
they had been dulya ed b the regularly elected officers of the Company at its office in Baltimore
g Y r� Y P Y
Md.,in their own pr r rsons. This power of attorney revokes that issued on behalf of R. C.ALLBRITTON,Jigisha
DESAI,Deborah S.JACKSON,John D.GILLILAND,Mary H.LONERGAN,dated June 20,2005.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY,this 23rd day of June,A.D. 2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
tDfP
s/ CA10 V «►SwWMw
SEALL
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By:
Gregory E. Murray Assistant Secretary William J. Mills Vice President
State of Maryland1
j ss.
City of Baltimore
On this 23rd day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY,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 Companies aforesaid,and that the seals affixed to the
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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
r 1:Ci)��'•G� �
cam(/f.
'..'f• l:11C,Z.
Maria D.Adamski Notary Public
My Commission Expires: July 8,2007
POA-F 016-4752C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-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, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
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 of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-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, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, 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 foregoing Power of
Attorney is still 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 Attorney-in-Fact as provided in Article VI, Section 2, of the respective 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
o Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th 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.
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 seals of the said Companies,
this day of
4- i
Assistant Secretory