HomeMy WebLinkAboutGranite Construction Company 2017-08-03�-. t a 17 J 9 - 09
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
NORTH STATE STREET INTERSECTION — LOW GAP ROAD/BRUSH STREET,
STORM DRAINAGE, AND SIGNALIZATION IMPROVEMENTS
Specification No. 17-02
�p
THIS AGREEMENT, made this day of &-L4 ST 20 , by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and Granite Construction Company )hereinafter called the
Contractor,
WITNESSETH
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and s hown and has approved and a dopted these contract
documents, s pecifications and dr awings and has c aused t o be p ublished i n t he m anner and f or t he t ime
required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of
this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied b y a pr oposal gu aranty in a n am ount of not I ess t han 10 p ercent of t he b id price f or t he
construction of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals s ubmitted an d a s a r esult has d etermined and d eclared t he C ontractor t o be t he lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall f urnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached and ac cording t o s uch i nstructions as may be given b y t he E ngineer. The C ontractor s hall
complete the work within eighty (80) working days. Contract days shall be counted starting with the 10th day
following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may
begin work prior to start of counting contract days, however, in no event shall the Contractor start work without
giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment
permit from t he C ity, or w ithout ha ving s ubmitted certificates of i nsurance t hat ha ve b een ac cepted and
approved by the Engineer.
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
131 Spec. No17-02
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and
the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre -qualification rating, if any and for refusing to establish,
reestablish or renew a pre -qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre -qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for
each person who was denied employment as a result of such non-compliance, the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
132 Spec. No17-02
Contractor. The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has
or will meet the following standards for affirmative compliance, which shall be evaluated in each case
by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment ag encies, advertisements,
Department of Employment) of the content of the anti -discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided bylaw. The compliance reportshall
also spell out the sources of the work force and who has the responsibility for determining whom to
hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti -discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals,
firms or organizations during the period of its pre -qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
133 Spec. No17-o2
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this aii flay of A114.-•LiSi , 20 11 ,
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
am
Attest:
Granite Co s ructio
By:
ust 8. 2017
ONTRACTOR Kenneth. Olson, Assistant Secretary
Attest: See attached Certificate of Secretary
Title: Secreta
The foregoing contract is approved as to form and legality this 2;. day of &t. s 9(' , 20 (_,
4 —V
CITY A NEY, CITY O IA
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
134 Spec. No17-02
GRANITE CONSTRUCTION COMPANY
CERTIFICATE OF SECRETARY
I, Richard A. Watts, Secretary of GRANITE CONSTRUCTION COMPANY, a
California corporation (the "Company"), do hereby certify that the following is a true and correct
copy of resolutions duly adopted on December 8, 2016 by a Unanimous Written Consent of the
Board of Directors in accordance with the provisions of Article III, Section 9 of the Bylaws of the
Company; that the Directors acting were duly and regularly elected; and that the resolutions
adopted have not been repealed and are still in full force and effect:
AUTHORIZATION To EXECUTE DOCUMENTS AND AGREEMENTS
RESOLVED, that the below listed officers are authorized to execute and deliver on behalf
of the Company all documents, agreements and undertakings required in connection with
construction contract formation and operations of the Company:
.lames H. Roberts
President & Chief Executive Officer
Christopher S. Miller
Executive Vice President, Chief Operating Officer & Assistant Secretary
Laurel J. Krzeminski
Executive Vice President, Chief Financial Officer & Assistant Secretary
Philip M. DeCocco
Senior Vice President of Human Resources & Assistant Secretary
Michael F. Donnino
Senior Vice President & Assistant Secretary
Martin P. Matheson
Senior Vice President, Group Manager & Assistant Secretary
Richard M. Rantala
Senior Vice President, Business Development & Assistant Secretary
James D. Richards
Senior Vice President, Group Manager & Assistant Secretary
Dale A. Swanberg
Senior Vice President, Group Manager & Assistant Secretary
Mathew C. Tyler
Senior Vice President, Federal Group Operations & Assistant Secretary
Richard A. Watts
Senior Vice President, General Counsel, Corporate Compliance Officer
& Secretary
Jigisha Desai
Vice President of Corporate Finance, Treasurer, Assistant Financial
Officer & Assistant Secretary
Bradley G. Graham
Vice President, Controller, Assistant Financial Officer & Assistant
Secretary
Kent H. Marshall
Vice President and Director, Public Private Partnerships & Assistant
Secretary
Nicholas B. Blackburn
Director of Corporate Taxation & Assistant Secretary
Kenneth B. Olson
Assistant Treasurer &. Assistant Secretary
RESOLVED ]FURTHER, that the authority provided for herein shall be in accordance with
applicable policies, procedures and limits of authority previously approved and the Granite
Construction Incorporated Delegation of Authority and Policy then in effect.
Page 1 of 2
L:SHARED.COU A L7..`CORP Qq --,0M027 Ca, ifiotm cfS—yAaions-Cervi&atv-U WCi.Cat f-GCC0.12.08.16.Fiml.dt
AUTHORIZATION To ATTEST DocumENTS AND AGREEMENTS
RESOLVED, that the below listed officers are authorized to attest documents, agreements
and undertakings required in connection with construction contract formation and operations of
the Company:
James H. Roberts
President & Chief Executive Officer
Christopher S. Miller
Executive Vice President, Chief Operating Officer & Assistant Secretary
Laurel J. Krzeminski
Executive Vice President, Chief Financial Officer & Assistant Secretary
Philip M. DeCocco
Senior Vice President of Human Resources & Assistant Secretary
Michael F. Donnino
Senior Vice President & Assistant Secretary
Martin P. Matheson
Senior Vice President, Group Manager & Assistant Secretary
Richard M. Rantala
Senior Vice President, Business Development & Assistant Secretary
James D. Richards
Senior Vice President, Group Manager & Assistant Secretary
Dale A. Swanberg
Senior Vice President, Group Manager & Assistant Secretary
Mathew C. Tyler
Senior Vice President, Federal Group Operations & Assistant Secretary
Richard A. Watts
Senior Vice President, General Counsel, Corporate Compliance Officer
& Secretary
Jigisha Desai Vice President of Corporate Finance, Treasurer, Assistant Financial
Officer & Assistant Secretary
Bradley G. Graham Vice President, Controller, Assistant Financial Officer & Assistant
Secretary
Kent H. Marshall Vice President and Director, Public Private Partnerships & Assistant
Secretary
Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary
Kenneth B. Olson Assistant Treasurer & Assistant Secretary
Kenneth M. Smith Group Counsel & Assistant Secretary
Jason M. Jasper Group Counsel & Assistant Secretary
Dated: January 4, 2017
Richard A. Wattsr�G';
CCRA�..C'
2
Page 2 of 2
I:SHARED.COUTAM. CORP Corponte•09-0027 Ce BW. ofScve YAW --Ce Ifi.t.-UWQs,C.0 for GCCO.12.08.16.R.Id.
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on &+S'r , 20 17 , by
and between the City of Ukiah (Ukiah) and , Granite Construction company _(Contractor)
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees
from and against any claim, loss, or damage; including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: OCC7�,
TITLE: Kenneth B. Olson, Assistant Secretary
X : n vdy �C •-1
0 er � rn
'moo* oRNlA� :OO`
''✓,�BeA Nd6®
xo
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
135 Spec. No17-02
Premium: $7,774.00CITY OF UKIAH Bond No.: 106770915
Mendocino County, California
FAITHFUL PERFORMANCE
BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Granite Construction Com
AS PRINCIPAL, and
Travelers Casualty and Surety Company of America
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of
One Million Seven Hundred Twenty -Seven Thousand Six Hundred Twenty -Three Dollars and Eighty Cents (S 1 ,727,623.80 )
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated August 3 2017
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this 8th day of August 1201.
In the presence of:
WITNESS:
N/A
N/A (SEAL)
(Individual Principal)
N/A
(Business Address)
N/A
(City/State/Zip Code)
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
137
Executed in 2 Counterparts
Spec. No17-02
Vicki Fox
ATTEST:
ATTEST:
See attached Power of Attorney
The rate of premium on this bond is $
The total amount of premium charges is $ 7,774.00
Granite Construction Company
/Kenneth B. Olson
BV: /Assistant Secretary
(Corporate Principal) Affix
Corporate
Seal
1324 State Street
(Business Address)
�„t�rrrr
�� ``' ,;TE 'I
Ukiah, CA 95482
�. .N •... ..COti •.
•� r•, �• C''• s ��
(City/State/Zip Code)
)4- p -4 &- 0. n
(Corporate
Principal)
Affix�r�����bdWO`J?��
Corporate
Seal
N/A
(Business Address)
N/A
(City/State/Zip Code)
Travelers Casualty and Surety Company of America
/Ashley Stinson
By: / ttorney-in-Fact
(Corporate Surety) Affix
Corporate
Seal
1 Tower Sauare
(Business Address)
Hartford, CT 06183 _
(City/State/Zip Code)
per thousand.
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
RTIFICATE AS TO CORPORATE PRINCIPAL)
ISEE ATTACHED CERTIFICATE OF SECRETARY �
, certifv that I am the
Secretary of the corporation named as Principal in the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
Affix Corporate Seal
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
138 Spec. No17-02
A notary public or other officer completing this
certificate verifies only the identity of the individual ACKNOWLEDGMENT
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Santa Cruz )
On August 8, 2017
before me,
V.J. Fox, Notary Public
(insert name and title of the officer)
personally appeared Ashley Stinson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
v J. FOX
Cominission #
11240.12
>
-.
Notary Public - California w`
Santa Cruz County
My COMM Expires Seo 15 2010,
Sign (Seal)
J. Fox, Notary Public
Premium included in Performance Bond Bond No.: 106770915
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Granite Construction Com
AS PRINCIPAL, and
Travelers Casualty and Surety Company of America , AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of
One Million Seven Hundred Twenty -Seven Thousand Six Hundred Twenty -Three Dollars and Eighty Cents ($ 1,727,623.80 )
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated August 3 12017 , a
copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this 8th day of August 120 17
In the presence of:
WITNESS:
N/A
N/A (SEAL)
(Individual Principal)
N/A
(Business Address)
N/A
(City/State/Zip Code)
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
139
Executed in 2 Counterparts
Spec. No17-02
Granite Construction Company
/Kenneth B. Olson
By: /Assistant Secretary
Vicki Fox (Corporate Principal)
Affix
Corporate
Seal
1324 State Street
�
(Business Address)
�� GRaN/9'
••�•'--
Ukiah, CA 95482
���*���i��d�c
C��:
O
(City/State/Zip Code)
_ Z % Z _
ATTEST:
See attached Certificate of Secretary
N/A
'.,��; ••. ,•31;'
��i 0.7
N
(Corporate Principal)
Affiz���>tt<<��
Corporate
Seal
ATTEST:
See attached Power of Attorney
N/A
(Business Address)
(City/State/Zip Code)
Travel Casualty and Surety Company of America
/Ashley Stinson
By: ttorney-in-Fact
(Corporate Surety) Affix
Corporate
Seal
1 Tower Square
(Business Address)
Hartford, CT 06183
(City/State/Zip Code)
The rate of premium on this bond is $ 4.50 per thousand.
The total amount of premium charges is $ included in the Performance Bond
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
SEE ATTACHED CERTIFICATE OF SECRETARY
I, ,certify that 1 am the
Secretary of the corporation named as Principal in the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
Corporate Seal
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
140 Spec. No17-02
A notary public or other officer completing this
certificate verifies only the identity ofthe individual ACKNOWLEDGMENT
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Santa Cruz )
On August 8, 2017
before me,
V.J. Fox, Notary Public
(insert name and title of the officer)
personally appeared Ashley Stinson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
!' 1 FOP ste
WITNESS m hand and official seal. r" �'�rnm� sl
2 Q940�12
y l'� notary P'biiC a Caiiiornia
` , G,;.•` -Santa Cruz Coullty a"
lJ1y Comm. E;cpires Sap ? 5 20019
9
Signat a (SQaI)
V.J. Fox, Notary Public
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint ventures, each member shall execute the bond as an individual and
state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the officer
signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of
the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
141 Spec. No17-02
Premium included in Performance Bond Bond No.: 106770915
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP
(MAINTENANANCE)
KNOW ALL MEN BY THESE PRESENTS,
That we, Granite Construction Company
a
as PRINCIPAL
Travelers Casualty and Surety Company of America , as SURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
Eighty -Six Thousand Three Hundred Eighty -One Dollars and Nineteen Cents ($ 86,381.19 ),
(5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors,
administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City Of Ukiah
dated August 3, 2017
for kTF,;TRFFT INT R TION - LOW GAP ROAD/BRUSH STREET
STORM DRAINAGE, AND SIGNALIZATION IMPROVEMENTS
WHEREAS, said Contract has been completed, and was approved on the day of
20
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
143
Executed in 2 Counterparts
Spec. No17-02
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that
the work will be free of any defective materials or workmanship which become apparent during the period of one (1)
year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and
effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the
Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this 8th day of August 2017
Granite Construction Company (Seal)
BY: (Seal)
Kenneth B. Olson, Assistant Secretary (Seal)
Principal
Travelers Casualtv and S
BY:
Comnanv of America
eal)
Ashley Stinson. Attorney -in -Fact (Seal)
Surety
NORTH STATE STREET INTERSECTION - LOW GAP ROAD/BRUSH STREET, STORM DRAIN, & SIGNALIZATION IMPROVEMENTS
144 Spec. No17-02
notary public or other officer completing this
c ACKNOWLEDGMENT
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Santa Cruz )
On August 8, 2017 before me, V.J. Fox, Notary Public
(insert name and title of the officer)
personally appeared Ashley Stinson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. j rte, ; °� FOX
Commission >< )124012
—otzry Public - "f
BAY
LPuz CCut'�°.b
Ivey L^2r1n7 , is < b 80 15 2€i1;,
Signature,-0000'"
ignature (Seal)
V.J. ox, Notary Public
TRAVELERS,j
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In -Fad No. 228138
POWER OF ATTORNEY
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul
Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers
Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of
Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and
Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the
Companies do hereby make, constitute and appoint John D. Gilliland, ligisha Desai, Kathleen Schreckengost, Catherine Gustayson, Ashley
Stinson, and Lillian Tse of the City of Watsonville, State of California, their true and lawful Attorneys) -in -Fact, each in their separate capacity if
more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other
writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
This Power of Attorney is limited to bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof for
Granite Construction Incorporated and all subsidiaries and affiliates, alone or in joint venture.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,
this 26th day of June, 2014.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
hL
For' �' �
'�y`cc6g+rs 1951 � �
yy � �"
State of Connecticut
By:"x .
City of Hartford ss. Robert L. Raney, Senior Vice President
On this the 26th day of June, 2014, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine
Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed
the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. g�a.Td
My Commission expires the 30th day of June, 2016. *� m� C �s�J
ie C
Mar. Tetreault, Notary Public
Page 1 of 2
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington
Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine
Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,
Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force
and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,
any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of
authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and
other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at
any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any
Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that
each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice
President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate
Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly
executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or
their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or
Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the
future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and
Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty
Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,
which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Comparirs this Auvsf %; 20 c7
-14,
Kp<vin E.:Hugh,.�s, Assistant Secretary
SEAL J
To verify the authenticity of this Power ofAttorney, call l-800-421-3880 or contact us at www.travelershond.com. Please refer to the
Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached.
Page 2 of 2
