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2004-021 Granite Construction
' CITY OF AT ADERO a CO;VTRACT�SZ� AGREEMENT For The Construction of the 2004-2005 ANNUAL OVERLAY PROGRAM'[ CITY PAID NO. 2004-008 This agreement is made and entered into this/�:d y o 20 , at Atascadero, California,by and between the City of Atascadero,hereinafter re rred 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 constrict 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 frill 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: 2004-2005 ANNUAL OVERLAY PROGRAM AGREEMENT BID NO.2004-008 PAGE 1 OF 4 A"' 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 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 2004-2005 ANNUAL OVERLAY PROGRAM AGREEMENT BID NO.2004-008 PAGE 2 OF 4 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 By: CONTRACTOR U M, Cr� By: Wade G. Mc inney, City Man ger GRANITE CONSTRUCTION COMPANY (name of r individual) Attest: �� M- z V ww-'— (signature) Marcia M. Torgerson, City Cl k R.C. Allbritton Approved as to form: (printed name) Vice President Thomas Gibson, City Attorney (title) A ved ontent: Steven B. Kahn, City Engineer 2004-2005 ANNUAL OVERLAY PROGRAM AGREEMENT BID NO.2004-008 PAGE 3 OF 4 2 Bond Number: t Executed in I of ✓ 8196-40-26 Federal Counterparts 104348511 Travelers TE3310 St. Paul FAITHFUL PERFORMANCE BOND 08740975 F&D Bond # See above right Premium $3,3330.00 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Atascadero, State of California, by action on , has awarded to Granite Construction Company, hereinafter designated as the "Principal", a contract for construction of the 2004-200.5 ANNUAL. OVERLAY PROGRANT CITY BID NO. 2004-008 in strict conformity with the plans and specifications dated Jli ICY 2004, 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 nine hundred fifty one thousand four hundred fourteen dollars and zero cents Dollars ($951,414.00 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. 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 1st day of September , 2004 *Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, Fidelity & Deposit Company of Maryland 2004-2005 ANNUAL OVERLAY PROGRAM FAITHFUL PERFORMANCE BOND BID NO.2004-008 PAGE 1 OF 2 Executed in of Counterparts Address of Contractor:GRANITE CONSTRUCTION COMPANY PO Box 50085 By: (seal) Watsonville, CA 95077 R.C. Allbritton (seal) Vice President Address of Surety: Federal Insurance Company 15 Mt. View Road See attached Surety Signa($")page Warren, NJ 07059 See attached Surety (seal) Signature page 2004-2005 ANNUAL OVERLAY PROGRAM FAITHFUL PERFORMANCE BOND BID NO.2004-008 PAGE 2 OF 2 STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On September 1, 2004 before me, the undersigned notary public, personally appeared R. C. Allbritton ❑x personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sign ure of Notary JUDITH ANNE WALKER COMM. #1433359 { NOTARY PUBLIC.CALIFORNIA ~ • SANTA CRUZ COUNTY ' My Comm.Expires Aug.3,2r,-' SURETY SIGNATURE PAGE -Obligee: City of Atascadero Contract#: 2004-008 Contract Name: 2004/2005 Annual Overlay Date: September 1, 2004 Program FEDERAL INSURANCE COMPANY, (Lead) (25%) 15 Mountain View Road, Warren,NJ 07059 (415) 954-1828 State of Incorporation: Indiana Issued Under Bond Number: 8196-40-26 BY: '0 at_ Deborah S. Jackson, Attorney-In-Fact ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Co-Surety (20%) 5801 Smith Avenue, Baltimore, MD 21209 (415) 732-1424 State of Incorporation: Minnesota Issued Under Bond Number: TE3310 BY: 'fDdV2-r)61L Deborah S. Jackson, rney-In-Fact TRAVELERS CASUALTY AND SURETY COMPANY, Co-Surety (40%) One Tower Square, Hartford, CT 06183 (415) 273-5209 State of Incorporation: Connecticut Issued Under Bond Number: 104348511 Deborah S. Jackson, A rney-In-Fact FIDELITY &DEPOSIT COMPANY OF MARYLAND, Co-Surety (15%) 3910 Keswick Road, Chesapeake Building— 5th Floor Baltimore, MD 21211 (415) 538-7365 State of Incorporation: Maryland Issued Under Bond Number: 08740975 BY: Deborah S. Jackson, Atto -In-Fact r , a i STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On September 1, 2004 before me, the undersigned notary public, personally appeared Deborah S. Jackson personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. dye 44 VS* a'tureof Notary JUDITH ANNE WALKER ' COMM. #1433369 NOTARY PUBLIC-CALIFORNIA SANTA CRUZ COUNTY My Comm.Expires Aug.3,2007 mac Bond Number: Executed in of 8196-40-26 Federal 104348511 Travelers Counterparts TE3310 St.Paul LABOR AND MATERIAL BOND 08740975 F&D Bond #See above right* Premium available on 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 2004-2005 ROAD REHABILITATION PROJECT CITY BID NO. 2004-008 in strict conformity with the plans and specifications dated JULY 2004, 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 nine hundred fifty one thousand four hundred fourteen dollars and zero cents Dollars ($ 951.414.00 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, 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, *Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, Fidelity & Deposit Company of Maryland 2004-2005 ANNUAL OVERLAY PROGRAM LABOR AND MATERIAL BOND BID NO.2004-008 PAGE 1 OF 2 Executed in of_ Counterparts 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 therefor, 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 thereunder 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 1st day of September , 2004 Address of Contractor: GRANITE CONSTRUCTION COMPANY PO Box 50085 By: (seal) Watsonville. CA 95077 R.C. Allbritton (seal) Vice President Address of Surety: Federal Insurance Company 15 Mt. View Road See attached Surety (seal) Siganture page Warren, NJ 07059 See attached Surety (seal) Signature page 2004-2005 ANNUAL OVERLAY PROGRAM LABOR AND MATERIAL BOND BID NO.2004-008 PAGE 2 OF 2 STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On September 1, 2004 before me, the undersigned notary public, personally appeared R. C. Allbritton 0 personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signa e of Notary JUDITH�AN�N ER COM NOTARY PUBLIC•CALIFORNIA t- SANT A CRUZ COUNTY My Comm,Expires Aug.3,2007 SURETY SIGNATURE PAGE Obligee: City of Atascadero Contract#: 2004-008 Contract Name: 2004/2005 Annual Overlay Date: September 1, 2004 Program FEDERAL INSURANCE COMPANY, (Lead) (25%) 15 Mountain View Road, Warren, NJ 07059 (415) 954-1828 State of Incorporation: Indiana Issued Under Bond Number: 8196-40-26 Deborah S. Jackson, Attorney-In-Fact ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Co-Surety (20%) 5801 Smith Avenue, Baltimore, MD 21209 (415) 732-1424 State of Incorporation: Minnesota Issued Under Bond Number: TE3310 BY: VM at, cz-- Deborah S. Jackson, At rney-In-Fact TRAVELERS CASUALTY AND SURETY COMPANY, Co-Surety (40%) One Tower Square, Hartford, CT 06183 (415) 273-5209 State of Incorporation: Connecticut Issued Under Bond Number: 104348511 BY: G,L Deborah S. Jackson, Att -In-Fact FIDELITY & DEPOSIT COMPANY OF MARYLAND, Co-Surety (15%) 3910 Keswick Road, Chesapeake Building-5t"Floor Baltimore, MD 21211 (415) 538-7365 State of Incorporation: Maryland Issued Under Bond Number: 08740975 BY: <-a� Deborah S. Jackson, Att y-In-Fact STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On September 1, 2004 before me, the undersigned notary public, personally appeared Deborah S. Jackson personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 2a�t&a::2�' � "" Si ature of Notary JUDITH ANNE WALKER COMM. #1433369 NOTARY PUBLIC-CALIFORNIA A SANTA CRUZ COUNTY My Comm.Expires Aug.3,2007 �r�r POWER. Fe�rai.ins�ctanc:e C6inpany Chubb a •� u �pariment pR• VlgJlant insurance Corttpany Yslo��YtrRcad surety ATTORNEY pacifJainiferiin Comp W81i�en,ui:01059 KnowAB byThm Presents.ThM FEDERALNSURMICE COMPOUN.en kxdana oorPoratfort„YK'•fLI M 0 SUP'ANCE COMPANY.a NawYock oapmoon, end PACIFIC INDEMNITY COMPANY.a Wlt=zh Corporation.do each hereby cwntlt m and APPOW Deborah S. .Jackson, R. C. Allbritton, Lisa Sprauge.and Jigisha Desai of yatsonvill6, California cad,as their true surd lawful AttomoyarrFacl to execute under such deslgnadon in tholr names and to affot their corporate seals to and dehvr for and on their behad as surety thereon or otherwise.bonds and undertaldngs and other writings oblI981'Xy ks ft nasurs t wroof(other than bal bonds)given or executed in the course of bust ,and any kutrurnonts G����ON TRUCTION vv .INCORP'�RATID AND ALL SUBSIDIARIEconsents 10 tv rnodification or alteration o(any S��nt referred join said bonds or obligations on behalf of ALONE OR IN JOINT VENTURE -------------- ----"---------------------- ---- in connection with bids.Proposals or contracts to of With the United States of America,terry Stale of political subdivision thereof or any person,rum or corporation_corporation_ And the execution o/such bond a obligation by such Attorney-in Fad In the Corrparr�/s name and on its behalf as surety thereon or otherwise.under Its corporate seal.in pursuance of the authority,hereby conferred shall.upon de&very bhereof,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 atlosted these presents and affixed ttxilrcorporate seals on this 23 d day of July, 2002 4Keth C.Wend.Ass'siant Secre ry F k E.Robertson,Vice P esident l STATE OF NEW JERSEY j County of Somerset - On this 23rd oar of J u i y, 2002 before me,a Notary Public of New Jersey rn personalty came Kenneth C.Wendel.b me known 10 be Assistan(Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNrTY COMPANY•the ownpari-which-e-ded the lomg,kp Power of Money.aro the said Kenneth C.Wendel being by me duty sworn,did depose and say that he is Assistant Secretary d FEDERAL INSUf1AP+OE COMPANY. are VIGILANT INSURANCE COMPANY,and PACIFIC INOEMNrTY COMPANY and Iviows the corporate seals ihereof,that the seals atraed b the loreyot V Power b tomey�s h corporate Beals and were there att-ixed by authortty of the ay�aws of said Corrpartks;and that he slgrx�d sold Power d Atbmey as AsslstaM secretary by Gke auat oMr and I11 lial he Fs ecgva;nted with Frank E Robertson,and(mows tarn to be Vice Presksett of said Cornpanler and that the signature of fiarit E Robertson. e -t.Bws and In dcponcrrt s presence. svCscr�td of Anomcy��she genuine handwriting of FrancrtsorL k E.Roband was thereto subscrucd tryuttaricyof said E3y r:o zr r1 til / ,. �l)T.(Ry pUSLIG NOc81Y fib" No ti r,,�Spot.PS.2C*` Notary tic JEPSE (,0nN �t 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 tie exAarted In the.name and on behalf of the Company either by the . wir Chalrman or the President or a Vice President.or an Assistant Vice President.fointfy with the Sei�titary or an Assistant SecretarX under It respective desIgnations. The signature of such officers may be engraved,printed or 01091`aphed. The signature of each of Cho tenor*'otficem Cj.Wm L Vice President,any Assistant Vice Presiderst,arty Secnrtar).arTy `� e�Y��SOW of the Gbcnpany may be erzx bd-by facs7 ile b any power.of attomoy or b arty certffcate relatng thereto appointing Assistant Secretaries or l�act r of purposes orgy of executing and attesting bonds and ursdertakirsgs and other wrftings obGgabory h the nahxe thereof, and Sny pow e attrxney or certificate bearing such tacslr 7a stgnature or faafmmlfe teat shad be valid and bad(V upon the Company and any Such Pyr so executed and ee&W by such facsimile signature and a atla!steal(be valid and bfrsdut9 upon the Gbrrtparty wffh rasped b any' or undertaidnp to whkh it is attached.' I.FCersneCsC tfYende{,AssfstantSecretaryo(FEDFAALINSURANCE COMPANY,VIGILANT INSURANCECOMPANY.and PACIFIC INOEI.lrliTYCOMPANY (the•CaTpariksl do twebY certify that 01 the i rago4V extract of the By-Laws of the Companies Is true and al 60 of the llrlited States of America and the DiStIkI of n the CodVanies are duty licensed and auClocized b fransad axetY busl�in Cotuttbta and ane=&Iodned by the U.S Treasury DepwtrTWIC lurthm Federal and Viigflars(are Sconsed In Puerto Rloo and the U_S. Virp&s Wands,and Federal Is licensed In American Samoa,Guam,and each c(the Pr ovtrxes o(Canad Ja/aooept/PMm Edward War4 and (;7 the bn*okV Power c(Attomey Is true.Conned and k,PA fords and etfo T of r 1 Q h 7 l l�L0�/1 Given ursdor ay hand and teals of said Companies at Wan"Onv NJ this Y , 92/4 �`�SV� ��otlttrrr�e �a��r • VS- 1 •, �' 'scoKr+ �'fE)y��f- Kenneth Q Wendel.Assfslant 60=tXY . tN THE E EW YOU MSH TO NOTIFY US OFA CLAIM,YERlFY THE AUTHE OF TNiS BOND OR N(MFY US•0F.W 0TT IER?t.ATTEA Pt��:%E xlIT, T"US,:; ATADD8ESS C.So3I A30VE,OR Sy Tokphom(808)'8033485 Fax (808)9033656 -&LmaM 6uroty0ChUbb.00M ■�swaouthicrf�txlt,rl�otiseR� • • TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS 13Y TIILSE; PRESENTS, THAT "TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARNIINGTON CASUALTY COMPANY, corporations duly organized under IIIc la\',s of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Conipanies' ) hath made, constituted and appointed, and do by these presents make, constitute and appointDeborah S. Jackson, R. C. Allhriiton, Lisa Yprauge, Jigisha Desai, of lVatsonville, California, their tnre and lawful Attonicy(s)-in-Fact, with full pm\ci and authority hereby conferred to sign, execute and acknowledge, at any place willim IIIc [initcd Slates. the following; ilist nuncnl(s) by itis/her sole signature and act, ant and all Ixmds, recognizrnces, contracts of mdcnutii), and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking and any and ;ill cxonsctits incident Ihereto, on helralf of Granite Construction /ncorporute•d and fill S'uhsidiaries alone or in Joint Venture, and to bind the Companies, thcreb\ as fully and to the sante extent as if the sante were signed by the duly ;ntthorized officers of the Corttpan,.s. :md ;ill the acts of said Attonte)(s)-in-Fact, pursuant to the authorttN herein given, arc hereby nrtificd and confirmed. !'his appointment is made undo and h., i11itiloru.\ of the following; Standing Resolutions of said Conipanics_ which Resolutions arc now in full force and effect VOTED: That the Chainnaii, Ute President, ani Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any >econd Vice President, the Treasurer, artti Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact :nd Agents to act for and on tk;half of the company and ntaY give such appointee such authority as his or her certificate of authority may prescribe o sign with the Company's name and seal %pith the Company's seal bonds, recognisances, contracts of indemnity, and other writings obligatory in he nature of a bond, recognizlnce, or conditional undertaking,and any of said officers or the Board of Directors at an} time may remove any such appointee and revoke the po\ycr given him or her VOTED: That the Chairman, the President,;am Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President nay 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 n writing and a cop),thereof is filed in Use office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional indertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any icnior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any %ssistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if equired)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 ry 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 - 30MPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY 3OMPANY,which Resolution is now in full force and effect: DOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice 'resident, 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 )urposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney >r certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ertified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or ndertaking to which it is attached. evised(01-03)Special Wording ThegUbul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 23387 Certificate No. 1935423 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and 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,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and 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 R.C.Allbritton,Lisa Sprauge,Jigisha Desai and Deborah S.Jackson of the City of Watsonville ,State California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 2 nd day of June 2003 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company ;• 4q � tivo TM a�E7y E 4°�M ,,N �MdG\ pi V Y "' 1927 g "' 1896 y9r/ PETER W.CARMAN,Vice President SEAL.:- w ,.„ , y 1951 cFrf`N """^�`:,,",�� fS.:.."N✓ `.... dyt ANr ! D 4� 1X,1, State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 2nd day of June 2003 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. ' In Witness Whereof,I hereunto set my hand and official seal. P jeA<tc m UBS My Commission expires the Ist day of July,2006. 9Ecitl o REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. 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 PAUL C. ROGERS, Vice President,and T. E. SMITH,Assistant Secretary, in pursuance of u 13 y Article Vl, Section 2, of the By-Laws of said Companies, which are set forth on the reverse er o i ied to be in full force and effect on the date hereof, does hereby nominate, consti o i isha DESAI,Lisa SPRAUGE and Deborah S.JACKSON,all of vi , rn' nd lawful agent and Attorney-in- Fact,to make, execute, seal and deliver ° 1 al f ct and deed: any and all bonds and undertakings,issued on be f str r ted,Watsonville,California and all subsidiaries alone or in a joint d t exe 'o s or undertakings in pursuance of these presents,shall be as binding upon said C ies as , to all intents and purposes,as if they had been duly executed and acknowledged by th le officers of the Company at its office in Baltimore,Md., in their own proper persons. This power of attom7r es that issued on behalf of R.C. Allbritton,dated December 13, 1996. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article «. 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 19th day of January,A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp Dfp0^'r KiN96AWOP� /C . By: T. E. Smith Assistant Secretary Paul C Rogers vice President State of Maryland . City of Baltimore ss. On this 19th day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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•N), Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 016-4752C This Notice pertains to the following Surety Bond issued by a member Insurer of the Chubb Group of insurance Companies,including Federal Insurance Company,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number: 8196-40-26 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage -for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice, please contact your agent or broker. C H V IB IB • Travelers Bond Number: 104348511 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. SrPaul Surety St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Seaboard Surety Company St.Paul Medical Liability Insurance Company Bond No. TE3310 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Bond #08740975 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act)under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10%.of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 i MAINTENANCE BOND The form is to be supplied by Contractor for review by the City Attorney. 2004-2005 ANNUAL OVERLAY PROGRAM MAINTENANCE BOND BID NO.2004-008 PAGE 1 OF 1 CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road. P.O. Box 1615, Warren, NJ 07061-1615 CHUBS Phone: (908) 903-3485•Facsimile: (908) 903-3656 FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No. Amount$ Know All Men By These Presents, That we (hereinafter called the Principal), as Principal,and the FEDERAL INSURANCE COMPANY,Warren, New Jersey,a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto (hereinafter called the Obligee), in the sum of Dollars ($ ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated for and WHEREAS, the said Principal is required to guarantee the installed under said contract, against defects in materials or workmanship, which may develop during the period (over) Form 15-02-0075(Rev.11-99) , R r 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 NSTRUCTION COMPANY (name of fi16)A�&�,Setember B 1 2004 (signator (date) Vice President (title) Attest: B September 1 2004 t-ern*or na ure) (date) . Robertss Vice President (title) 2004-2005 ANNUAL OVERLAY PROGRAM MAINTENANCE BOND BID NO.2004-008 PAGE 2 OF 1 9 ROOD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD/YYYY) GRA-207 09/07/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mc Sherry & Hudson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0056172 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 575 Auto Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Watsonville CA 95077 Phone: 831-724-3841 Fax:831-724-7574 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Valley Forge Insurance Co. INSURER B: GRANITE CONSTRUCTION COMPANY INSURER C: P.O. BOX 50085 INSURER D: WATSONVILLE CA 95077 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A X X COMMERCIAL GENERAL LIABILITY GL 2 4921 89 16 10/01/03 10/01/06 PREM�SES(Eaoccurence) $ 2,000,000 CLAIMS MADE X❑OCCUR MED EXP(Any one person) $ NIL X CONTRACTUAL LIAB PER ISO FORM CG0001 10/01 PERSONAL&ADV INJURY S 2,000,000 X XCU HAZARDS BROAD FORM PPTY DAMAGE GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYF_j PRO- JECT El LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO BUA 2 4921 89 47 10/01/03 10/01/06 (Ea accident) ALL OWNED ALTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X CONTRACTUAL LIAB PER Iso FORM CA0001 10/01 PROPERTY DAMAGE m $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC $ OTHER THAN OTICE WILL BE 131VEN AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY IN THE EVENT 0CANCEL_LATIIO EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE NON-PAYMI NT OF PREMIUltl. AGGREGATE S 5 DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND X TORY LIMITS I I ER A EMPLOYERS'LIABILITY WC 2 49224120 07/01/04 10/01/04 E.L.EACH ACCIDENT s 2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE•EA EMPLOYEES 2,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 2,000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE` (GAI) JOB #207657 2004/2005 ANNUAL OVERLAY PROGRAM CERTIFICATE HOLDER CANCELLATION ATASCAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF ATASCADERO DATE THEREOF,THE ISSUING INSURER WILL 9UX9181@I:MAIL 30 DAYS WRITTEN CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6905 EL CAMINO REAL SUITE 6 ATASCADERO CA 93422 ;ATVES. AUTHORIZED REPRESENTATIVE 1MCSherry & Hudson 6LAmAA_ LAAt�j ACORD 25(2001108) ©ACORD CORPORATIO 1988 a r, ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE - GRA-207 09 20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mc Sherry & Hudson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0056172 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 575 Auto Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Watsonville CA 95077 Phone: 831-724-3841 Fax:831-724-7574 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Valley Forge Insurance Co. INSURER B: GRANITE CONSTRUCTION COMPANY INSURER C: P.O. BOX 50085 INSURER D: WATSONVILLE CA 95077 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFE TIVE POLICY EXPI TION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE F—]OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JE ElET LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS t rt, Ve X unl 1 (Per person) a HIRED AUTOSnN(1.WE0) 'M „R��p,�j10'N1 FO NON-OWNED AUTOS p, _._;�;' nnU� BODILY INJURY $ N�rP1 (Per accident) PROPERTY DAMAGE § (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE AGGREGATE $ S DEDUCTIBLE a RETENTION $ $ UIH- WORKERS COMPENSATION AND X TORY LIMITS ER _ A EMPLOYERS'LIABILITY WC 2 4922 5171 10/01/04 10/01/05 E.L.EACH ACCIDENT s 2,000,000 -ANY PP.OPRIETOWPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-E4 EMPLOYEE $ 2,0 0 0,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES,' JOB #207657 2004/2005 ANNUAL OVERLAY PROGRAM CERTIFICATE HOLDER CANCELLATION ATASCAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF ATASCADERO DATE THEREOF,THE ISSUING INSURER WILL 9Q=74W GLMAIL 30 DAYS WRITTEN CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6905 EL CAMINO REAL SUITE 6 ATASCADERO CA 93422 �• AUTHORIZED REPRESENTATIVE [McSherry & Hudson ACORD 25(2001108) ©ACORD CORPORATION 19 City of A Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2004-008 OPENED: 2:00 p.m.—07/27/04 PROJECT: 2004-2005 Annual Overlay Program Two (2) bids were received and opened today, as follows: Bidder Base Bid Alternate 1 Combined Total R. Burke Corp. P.O. Box 957 951,910.70 (17,081.15) 934,829.55 San Luis,.Olai E -ante Construction Co. P.O. Box 50085 51,414.00 (16,018.20) 935,395.80 Watsonville,CA Attachment: 2 bids r ✓ah 1 � RECEIVED C -lY a = ,r:,TAS0,ADER0 PROPOSAL FORM City Clerk City of Atascadero 6500 Palma Avenue, Room 208 Atascadero, California 93422 Gentlemen: The undersigned hereby proposes to perform all work for which a contract may be awarded to the undersigned and to furnish any and all plant, labor, services, material, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefor as provided irr in the Contract Documents, and to do everything required therein for street improvements within the City of Atascader0 as specifically set forth in documents entitled: Contract Documents and Special Provisions for the 2004-2005 ANNUAL OVERLAY PROGRAM CITY BID NO. 2004-008 together with all appurtenances thereto, all as set forth in the Contract Documents; and further proposes and agrees that, if the undersigned's proposal is accepted, the undersigned will contract in the form and manner stipulated to perform all the work called for in the Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that the undersigned will accept as full payment therefor the price or prices set forth in the Bid Sheet(s) forming a part hereof. A ddshr6H dVeWW,1aWA iii Wl4ddW61 A1Bid Bond, executed by an admitted surety insurer, properly made payable to the City of Atascadero, hereinafter designated as the City, for the sum Of Ten Percent (10%) of the total bid amount iCICAW ($ "'--"'-----------------), which amount is not less than 10 percent of the total amount , of the Bid, is attached hereto and is given as a guarantee that the undersigned will execute the agreement and furnish the required bonds and insurance if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said check shall be forfeited to the City if applicable, or, the Sureties' liability to the City for forfeiture of the face amount of the Bid Bond shall be considered as established. It is understood and agreed that: 1. The undersigned has carefully examined all the Contract Documents which shall comprise those documents specifically referred to in Article 4 of the Agreement Form. 2. The undersigned has, by investigation at the site of the Work and otherwise, satisfied itself as to the nature and location of the Work and has fully informed itself as to all conditions and matters which can in any way affect the Work or the cost thereof. 3. The undersigned fully understands the scope of the Work and has checked carefully all words and figures inserted in its Proposal and further understands that the City will in no way be responsible for any errors or omissions in the preparations of this Proposal. 2004-2005 ANNUAL OVERLAY PROGRAM PROPOSAL FORM BID NO.2004-008 PAGE 1 OF 2 arra dw Bidder. Provision is made for security substitution on payment withholds as provided in Public Contract Code Sections 200 and 22300. Before submitting B s, Contractors shall be licensed in accordance with the Laws of the State of California. Accord gly, the successful Bidder shall possess a Class A General Engineering Contractor's license at a time this contract is awarded. The successful Contractor will be required to furnish three 3) acceptable surety bonds: one for faithful performance, one for labor and materials and the 0th for maintenance following construction. Each bond is to be executed in a sum equal to ne hundred percent (100%) of the contract price except that the Maintenance Bond shall be f ten percent (10%) of the Contract Price and shall remain in effect for one year following accepta e of the project for final payment. The successful Contractor iii will be required to obtain a bus'i ss license from the City and pay related fees. On the outside of the bid envelope a Bidder shall indicate the following: 1. Name and Address of Bidder 2. Name of project on which Bid is sub itted 3. Date and time of Bid opening The right is reserved by the City of Atasca ro to reject any or all Bids, to evaluate the Bids submitted, and award the contract to the to st responsible Bidder. The City further reserves the right to waive any informalities or minor it gularities in the Bid. No Bidder may withdraw his Bid for a period of 0 working days after the date set for the opening thereof. Dated this 1 day of0 _, 20 at Atascadero, California. City of Atascadero BY: M Marcia M. Torgerson, Cit Clerk rile 2004-2005 ANNUAL OVERLAY PROGRAM NOTICE TO BIDDERS BID NO.2004-008 PAGE 2 OF 2 4. The undersigned understands that no more than 50% of the work, as defined by the contract price, may be done by subcontractors. True copies of subcontracts will be provided to the City Engineer upon his request. 5. The undersigned will execute the Agreement and furnish the required performance and payment bonds and proof of the specified insurance coverage within 10 working days, not including holidays, after notice of acceptance of its Proposal by the City; and further, that this Proposal may not be withdrawn for a period of 60 working days after the date set for the opening of Bids, unless otherwise required by law. If any Bidder shall withdraw its Bid within said period, the Bidder shall be liable under the provisions of the Bid Security, or the Bidder and W its Surety shall be liable under the Bid Bond, as the case may be. Also, the undersigned will furnish a Maintenance Bond in the form of ten percent (10%) of the total Bid Price prior to final acceptance of the Work. The Maintenance Bond shall remain in effect for a period of one year following the acceptance of the Work. 6. The undersigned hereby certifies that this Proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person or corporation to refrain from bidding; the undersigned has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. 7. In conformance with the current statutory requirements of Section 1860 et. seq. of the Labor Code of the State of California, the undersigned confirms the following as his or her certification: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer iW to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this Contract." i Now: Incompliance with the Notice to Bidders and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire Work for the im prices set forth in the attached Bid Sheet(s) upon which award of contract is based. Dated July 27, 2004 Bidder: ite Con ction Company By: (Corporate Seal) ames H. Roberts T tle: Senior Vice President Bidder's Post Office Address: P. 0. Box 50085 Watsonville, CA 95077 Corporation organized under the laws of the State of: California it 2004-2005 ANNUAL OVERLAY PROGRAM PROPOSAL FORM BID NO.2004-008 PAGE 2 OF 2 d ;t BID SHEET PROJECT: 2004-2005 ANNUAL OVERLAY PROGRAM CITY OF ATASCADERO BID NO.: 2004-008 BID OPENING: Tuesday, July 27, 2004, at 2:00 p.m. ii NAME OF BIDDER: Granite Construction Company BUSINESS ADDRESS: P. 0. Box 50085; Watsonville, CA 95077 BUSINESS PHONE 831-724-1011 BUSINESS FAX: 831-768-4021 RESIDENCE ADDRESS: n/a RESIDENCE PHONE: n/a TO: CITY COUNCIL CITY OF ATASCADERO The undersigned declares that he has carefully examined the location of the proposed work,that he has examined the Plans and Specifications and read the accompanying instructions to bidders,and hereby proposes to furnish all materials, machinery, tools, labor and services, and do all the work necessary to complete the project in accordance with said Plans and Special Provisions and the Standard Specifications and Standard Plans for the unit prices shown. The undersigned declares that he has read and acknowledges the following: Bids are required for the entire work. Incidental items of work shall be incorporated into the most appropriate unit price bid item and no additional compensation shall be made therefor. The amount of the Bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by multiplying the unit price bid by the estimated quantity set forth for the item. The Bidder shall set forth for each item of work, in clearly legible figures, a unit price and a total for the item in the respective spaces provided for this purpose. In the case of the unit basis items,the amount set forth under the "Total" column shall be the multiplication of the unit price bid by the estimated quantity of the item. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, if the amount set forth as a unit price is ambiguous, unintelligible, or ?_ uncertain for any reason, or is omitted, or in the case of unit basis items, is the same amount as the entry in the"Total"column,then the amount set forth in the "Total"column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the "Total" column shall be the unit price. 2. As to unit basis items, the amount set forth in the "Total" column shall be divided by the '. estimated quantity for the item and the price thus obtained shall be the unit price. The City reserves the right to reject any and all bids. i 2004-2005 ANNUAL OVERLAY PROGRAM BID SHEET BID NO.2004-008 PAGE 1 OF 4 CITY OF ATASCADERO 2004-2005 ANNUAL OVERLAY PROGRAM BID NO. 2004-008 BIDDER: Granite Construction Company BASE BID: ITEM ITEM DESCRIPTION APPROX. PAYMENT *TOTAL NO. CITY UNIT REFERENCE UNIT PRICE ITEM PRICE w '1 Traffic Conttol_ 1 Is 10.02-4 S �?•.`fa S R 9 7 2 Water Pollution Control Program 1 Is 10.03-3 ,3 Asphalt Condrete 1/2 Maximum,Type A,Medium 1,758 to 10.04-4 66110 4 Asphalt Concrete 3/8 Maximum,Type A,Medium 1,036 to 10.04-4 S 615,40 5 A$phalt Rubber Hot Mix 3,311 to 10.05-4 ? 2188051 6 Pavem6nt Fabric 6,159 sy 10.10-4 7310.$p 7 Cold Plane 0.13'AC 12,246 sf 10.07-4 O. '367 -50 16 8 Cold Plane 0.17'AC 52,030 sf 10.07-4 6,za Q v 9 Cold Plane 0.20'AC 184,036 sf 10.07-4 P,25 410o&q 10 Digouts 4" 24,955 sf 10.08-4 -> &73 7 11 Digouts 6" 15,645 sf 10.08-4 "0 r.70 12 f Miscellaneous Paving 9,704 sf 10.04-4 ,4.0 -71,961.(00 13 Keycut Type 131 40 If 10.07-4 12,00 4. 90. 14 Keycut Type B2 62 If 10.07-4 5,pp "40. 15 Remove and Replace/Install AC Dike 2,515 If 10.11-4 .40 I zSri C., 16 Remove and Replace/Install PCC Curb and Gutter 20 It 10.13-4 17 Install PCC Cross Gutter 1,000 sf 10.13-4 0� (O, 18 Sawcut,Remove and Replace 4"AC on 4"AB 3,375 sf 10.04-4 CSO, 19 Shoulder Backing 438 to 10.13-4 Z -50 20 Regrade Native Material 720 sf 10.14-4 ,Qj91440. 21 Riprap 240 sf 10.19-4 000 22 Adjust Manhole Covers to Finish Grade 25 ea 10.20-3 1z O 23 Lower Manhole Covers Prior to Cold Planing 20 ea 10.20-3 24 Adjust Water Valve Covers to Finish Grade 50 ea 10.20-3 1;, l 25 Lower Water Valve Covers Prior to Cold Planing 44 ea 10.20-3 26 Adjust Survey Monument Covers to Finish Grade 5 ea 10.20-3 K 27 Lower Suvey Monument Covers Prior to Cold Planing 4 ea 10.20-3 420.28 Research,Preserve and Install New Survey Monument and Cover 4 ea 10.16-4 29 Over Edge Drain(Caltrans Detail D87A) 2 ea 10.17-4 2©,30Edge Drain Line 1,213 ea 10.17-4 0(j31 Edge Drain Cleanout 1 ea 10.17-4 2( 32 Connect Edge Drain to Existing Drop Inlet 1 ea 10.17-4 111 33 Edge Drain Inspection Port 6 ea 10.17-4 , 34 Replace Traffic Loops 2 ea 10.20-4 35 Blue Reflective Pavement Markers @ Hydrant 23 ea 10.21-4 -r,0 2AI.S(7 0 36 Detail 9-One Way Dashed White Line(Thermo&Markers) 4,253 If 10.21-4 0.3 121 O 37 Detail 22-Solid Double Yellow Lines(Thermo&Markers) 4,220 If 10.21-4 57 . 38 Detail 24-Solid Yellow Lines(Thermo&Markers) 109 If 10.21-4 0 43-OW 39 Detail 27B-4"Edge Line(Thermo) 9,455 If 10.21-4 S 0 40 Detail 32-Yellow Two-Way Left Turn Lanes(Thermo) 1,523 If 10.21-4 Z,((y 41 Detail 38-8"Channelizing Line(Thermo&Markers) 179 It 10.21-4 2--.10 515, 42 Detail 39-Bike Lane(Thermo) 3,662 If 10.21.4 0.40 1461an a 43 Detail 39A-Dashed Bike Lane(Thermo) 272 If 10.21-4 44 12"White Limit Line(Thermo) 103 If 10.21-4 45 "35"Legend(Thermo) 3 ea 10.21-4 Q 46 "45"Legend(Thermo) 4 ea 10.21-4 13 1 r 0 47 SIGNAL Legend(Thermo) 3 ea 10.21-4 10, 24 , 48 AHEAD Legend(Thermo) 5 ea 10.21-4 49 STOP Legend(Thermo) 9 ea 10.21-4 � 2004-2005 ANNUAL OVERLAY PROGRAM BID SHEET BID NO.2004-008 PAGE 2 OF 4 CITY OF ATASCADERO 2004-2005 ANNUAL OVERLAY PROGRAM BID NO. 2004-008 BIDDER: Granite Construction Company BASE BID: 50 Bike Group Legend(Paint) 25 ea 10.21-4 51 Arrow Legend(Thermo)Type 1 38 ea 10.21-4 M A o 52 Tum Arrow Legend(Thermo)Type IV 20 ea 10.21-4 TOTAL BASE BID: f , Ts=Lump Sum sf=Square Feet ea=Each If=Linear Feet to=Ton *NOTE: In case of,6rro[in extension of price into the total price column,the unit price will govern. The Contractor shall comply with the requirements of Division 5, Part I, of the State Labor Code, and specifically + with Sections 6705 and 6707 thereof. The Contractor shall submit for approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection for all areas to be excavated to a depth of five feet or more. If the plan varies from the shoring system standards, the plan shall be prepared by a it registered civil or structural engineer. The undersigned further agrees that in case of default in executing and submitting the Contract with required bonds and insurance within ten (10)working days after having received notice that the Contract is ready for signature,the pIroceeds of-the check or bond accompanying this Bid shall become the property of the City. The Contractor to whom the contract is awarded shall submit a statement each month certifying that it is in conformance with the City's Affirmative Action Program. The following Certification of Affirmative Action Program, Contractor's Licensing Statement,List of Subcontractors, Bid Security Form and Non-Collusion Affidavit shall be filled out,signed,and submitted by each Bidder and shall be part of the Contract Documents. +� . w 2004-2005 ANNUAL OVERLAY PROGRAM BID SHEET BID NO.2004-008 PAGE 3 OF 4 4 CITY OF ATASCADERO 2004-2005 ANNUAL OVERLAY PROGRAM BID NO. 2004-008 BIDDER: Granite Construction Company ALTERNATEI DEDUCT: 60 ITEM ITEM DESCRIPTION APPROX UNIT PAYMENT "TOTAL ITEM ICE QTY. REFERENCE **UNIT PRIC PR 5 Asphalt Rubber Hot Mix 3,311 to 10.05 4 7. ICE 7 Cold Plane 0.13'AC 10,383 sf 10.07-4 0_2z • 0 05 8 Cold Plane 0.1 T AC 41,647 sf 10.07-4 6. 6 3, ALTERNATEI ADD: ITEM APPROX PAYMENT i NO ITEM DESCRIPTION UNIT *TOTAL ITEM QTY. REFERENCE *'UNIT PRIC PRICE 3 Asphalt Concrete 1/2 Maximum,Type A,Medium 3,386 to 10.04-455, �(� a 4 Asphalt Concrete 3/8 Maximum,Type A,Medium 694 to 10.04-4 fj 6 Pavement Fabric I 0 hili► 32,583 sy 10.10-4 I.zo I c� 9 Cold Plane 0.20'AC 52,030 sf 10.07-4 Q• 15 O •S23 Total Alternate 1: 1, 6 18. Za lel 'NOTE: In case of error in extension price into the total price column,the unit price will govern. "Unit Prices for Bid Items 3,4, 5, 6,7&8 shall be the same as the Unit Prices listed in the Base Bid. wri BID SUMMARY rrl TOTAL BASE BID TOTAL ALTERNATE 1 i COMBINED TOTAL _ `'[ 135 3�( � Ad 4, ( aclMo . NOTE: The City of Atascadero will award based on Base Bid and reserves the right to add the work associated with Alternate 1. Wo irlr a 2004-2005 ANNUAL OVERLAY PROGRAM BID SHEET BID N0.2004-008 PAGE 4 OF 4 hili► CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM The Bidder hereby certifies that it is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, the California Fair Employment Practices Act, and any other applicable federal and state laws and regulations relating to equal opportunity employment.. NAME OF BIDDER: Granite Construction Company ADDRESS: P. 0. sox 50085 Watsonville, CA 95077 W SIGNATURE OF BIDDER: By: (or authorized agent) J mes H. Roberts TITLE: Senior Vice PresOnt DATE: July 27, 2004 W r 2004-2005 ANNUAL OVERLAY PROGRAM CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM BID NO.2004-008 PAGE 1 OF 1 Illi �r CONTRACTOR'S LICENSING STATEMENT The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. The undersigned hereby certifies that they possess at the time of bid a State of California Class A General Engineering Contractor's license. The undersigned further „ agrees that they will maintain current throughout the term of this contract this Class A General Engineering Contractor's license. Contractor's License Classification and Number: A / 89 Name of Firm or Individual: Granite Construction Company Business Address: P. 0. Box 50085; Watsonville, CA 95077 Business Tel: 831-724-1011 Business Fax: 831-768-4021 (or) Signature, Title, and Address of members signing on behalf of partnership: Name Title Address Name Title Address Name Title Address (or) Name of Corporation: Granite Construction Company Business Address: P. 0. Box 50085; Watsonville, CA 95077 Corporation organized under the laws of the State of California By: / James H. Roberts, Senior Vice President Sign re of Pres nt poration B / Michael Futch, Secretary Signa ure of Secretary f Corporation 2004-2005 ANNUAL OVERLAY PROGRAM CONTRACTOR'S LICENSING STATEMENT BID NO.2004-008 PAGE 1 OF 1 r LIST OF SUBCONTRACTORS In accordance with the provisions of Section 4100 et. seq. of the Government Code of the State of California, the Bidder shall, in its Bid, list the name and place of business of each subcontractor who will perform work or labor or render service to the prime contractor in an amount in excess of one=half of one percent of the prime contractor's ' total bid or Ten Thousand Dollars, whichever is greater. Name under which License No. Address of Specific Subcontractor and Place of Description is listed Classification Business of Subcontract f4W.4A6„ 7 it w Do not list alternative subcontractors for the same work. r 2004-2005 ANNUAL OVERLAY PROGRAM LIST OF SUBCONTRACTORS BID NO.2004-008 PAGE 1 OF 1 BID SECURITY FORM BID BOND Know All Men By These Presents: That we Granite Construction Company ' as principal and Federal Insurance Company as surety,are held and firmly bound unto the City of Atascadero, California, a General Law City, hereinafter referred to as "City," in the sum of Ten Percent (10%) of the total bid * W&O------------------ ),to be paid to the said Owner, its successors, and assigns;for which payment,well and truly to be made, we bind ourselves,our heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. *amount The Condition of this obligation is such that if the certain proposal of the above bounden Granite Construction Company to construct roadway improvements in connection with a project entitled 2004-2005 ANNUAL OVERLAY PROGRAM CITY BID NO. 2004-008 in the City of Atascadero, County of San Luis Obispo, as specifically set forth in documents entitled the same, all in accordance with the Specifications and Plans on file at the offices of the City of Atascadero, Department of Public Works, 6500 Palma Avenue, Atascadero, California 93422, is not withdrawn within the period of 60 working days after the date set for the opening of Bids, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder and that if said proposal is accepted by the City through action of its legally constituted contracting authorities and if the above bounden Granite Construction Company his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction and shall execute and deliver the required Performance and Payment Bonds and proof of Insurance Coverage within 10 working days (not including holidays) after the date of notification by and from the said City that the said Contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. In Witness Whereof, we hereunto set our hands and seals this 20th day of July 200-4 Granie C n r ct' n Com any B ame H. Ro ts, Senior Vice President ed �nsur a Company By: L I Va r orney K n- act (Note: The standard printed bon form of any bonding company acceptable to the City may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are not in any way reduced by use of the Surety Company's printed standard form.) 2004-2005 ANNUAL OVERLAY PROGRAM BID SECURITY FORM BID NO.2004-008 PAGE 1 OF 1 ■r NON-COLLUSION AFFIDAVIT (To be executed by each awardee of a principal contract) r James H. Roberts being first duly sworn, deposes and says that he is Senior Vice President of Granite Construction Companbe party W (sole owner, a partner,president, etc.) making the foregoing Bid; that such Bid is not made in the interest of or on behalf of any undisclosed person, partnership, company association, organization, or corporation; v that such Bid is genuine and not collusive or sham; that said 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 W else to put in a sham Bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of said Bidder or of any other Bidder, nor to fix any overhead, profit, or cost element of such Bid Price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such Bid W are true; and, further,that said Bidder has not directly or indirectly, submitted his Bid Price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay any fee to any corporation, partnership, company, association, organization,bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business, or to any member or agent thereof to affect a colluslon ham bid. Signed: By: ams H. Roberts Title: Senio V'ce President Subscribed and sworn to before me this 27th day of July 20W 4 MICHELLE DURDEN Comm, 1414049 Seal of Notary NOTARY PUBUC-CALIFORNIA SANTA CRUZ COUNTY R 27 tj RriY CJhTPv11SSiON E)FPIRES MP2807 Notary Public ' 2004-2005 ANNUAL OVERLAY PROGRAM NON-COLLUSION AFFIDAVIT BID NO.2004-008 PAGE 1 OF 1 IY sir STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On July 20, 2004 before me, the undersigned notary public, personally appeared Lisa Sprauge 0 personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MICHELLE DURDEN Comm. 1414049 g °dr NOTARY PUBLIC-CALIFORNIA K' SANTA CRUZ COUNTY MYCOMMISSION EXPIRES APR 27 2007 Signature of Notary > i�I rr «»�----------� ' POWER• Federal Insurance Company Aitn: �Dgparhnent,:. Chubb CP: Vtgtlant insurance Company 15 Moun�rt.Vtew Road _ �i, Surety ATTORNEY Pacma tndemnHy Company . warren;NJ 07059 Know Ad by These Presents,Thal FEDERAL.MiSURANCE COMPANY.an lndanet corporation.VramT INSURANCE COMPANY.a NewYbrk corporft% WW PACIFIC INDEMNITY COMPANY,a Wisconsin corporation.do each hereby constittfte and appow Deborah S. Jackson, R. C. Allbritton, Lisa Sprauge.and Jigisha Desai of Watsonville, California - - each as their trim and lawful Attomey4q-Fact to execute under such designation in their names and to affoc their corporate seals to and deliver for and on their behaa as surety thereon or otherwism,bonds and undermldngs and other writings obligatory In the nature thereof(other than ball bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any Instrument ' referred to In said bonds or obligations on behalf of GRANITE CONSTRUCTION INCORPbRATED AND ALL SUBSIDIARIES ALONE OR IN JOINT VENTURE ---------- ------ in connection with bids,Proposals or contrails to or with the United States of America;hny State or political subdivision thereof or arry person.firm or corporation. And the execution of such band or obligation by such Attomey-in Fad 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 shad,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 23 d day of July, 2002 Kenneth C.Wendel,Assistant Secre ry F k E.Robertson,Vice P esident STATE OF NEW JERSEY �- ss. County of Somerset on this 23rd day of July, 2002 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 INDEMNIfYCOMPANY,the companies which executed the foregoing Power o(Attomey.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 INDEMNrrY COMPANY and knows the corporate seats thereof.that the seals affixed to the loregoirg Power o(Atlomey are end that he said Power of Attorney as Assistant Secretary d said Companies such corporate seals and were thereto affixed by authority of the Bylaws of said Companies: al0^ed by like aut)O(V.,end that he is acquainted with Frank E Robertson.and Ivrows him to be Vice President of said Companies;and that the signature d Frank E Robertson, subscrbed o(Artomey is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed try authority of said By4-aws and In deponents presemx e. Noor 't;�TAR �S / i n CIU GY ' o M04ELE FL PvtAc Statee BU Notal X41 tic y M-2004 Notary �'JERSE C,pfTlr1ni86��`"'"_s� CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: ,An powers of attomey for and on behalf d the Company may and shall be executed in the.name and on behalf of the Compal},either r the Chairman or the President ora Vice President.or an Assistant Vice President,Jointly with the Secretary or an Assistant SecretarX under their ' respective designations. The signature of such officers flay be engraved,printed or lithographed. The signature of each of the following officers: Chafr maM President,any Vice President,any Assistant Vice Presldent,any Secretary,any Assistant Secretary and the seal of the Company may be affixed-by facsimile to arty power of attorney or to any certificate relating thereto appointing Assistant Secretaries orAttorrbys ri-Fact for purposes cdy of executing and attesting bonds and.mWertaldngs and other writings obligatory In the nature thereot and any sudh power of attorney or certificate bearing such facsimile signature or facsfmde seal shad be valid and bkxkV upon the Company and any such power so executed and certified by such facsimile signature and facsknde seal shall be valid and biding upon the Company with respect to any bond or urndertaNng to which It Is attached." 1,Kenneth C.Werdel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (gam Compariler)do hereby certify that 01 the foregoing extract of the By4.am of l he Cornpanles is true and correct, n the Cailpanles ane duly licensed and audwrfzed to transact surety business in alf 50 of the United States of America and the District of Columbia and are authorized by ttie U.S.Treasury OepwIment;further.Federal and Vigilant are kernsed in Puerto Rioo and the U.S. iW Virgin islands,and Federal Is Thcensed In American Sanaa,Guam.and each of ft Provinces of Canada except Prince Edward Island;and n the tmegokg Power of Attorney Is true,corteCt and InM force and effect. Q Given under my hand and seals of said Companies at Warren,NJ this —2 0 day of h11W `SSV c+ `Rplitm fo ���RAk . O �'VDIAN� scvxr+ f yEI v YORE' Kenneth C.Wendel.Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR ori ,rr•TFY m' 'x�- 0t �` _'_.,rrA�T US ATADDR7`3 L!' TED A!7�01E,OR 3Y US -•— ^ TeWhone(808) 9033485 Fax (WS)903-3656 surety0chubb.com -__._J ion.,s-,00ta�tn:rttwolooArborssarr ' ,dtiYi ti This Notice pertains to the following Surety Bond Issued by a member Insurer of the Chubb Group of Insurance Companies,Including Federal Insurance Company,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number: n/a rr POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 ON You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States,or outside the United States in the case of an air carrier air or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula,the United States of America pays 901/o of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage.The portion of your premium �w that is attributable to coverage for such acts of terrorism is zero,because we could not distinguish(and separately charge for)acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker. oil cHUBB T i�r �1 it rri �r