HomeMy WebLinkAbout20110902.tiff ‘eft\s*ri
MEMORANDUM
WIDc.
COLORADO
TO: Clerk to the Board DATE: May 9, 2011
FROM: Dean Dreher, Public Works
SUBJECT: Consent Agenda Item
Agreement with Intermountain Slurry Seal,Inc. for the 2011 Slurry Seal/Sand Seal Rejuvenator/Chip
Seal Program in the amount of$1,088,625.25.
Attached is one signed Agreement.
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AGREEMENT
2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program
THIS AGREEMENT,made this day of , 20 , by and between
Weld County,Colorado,hereinafter called"Owner" and
Intermountain Slurry Seal, Inc. doing business as (an
individual,)or(a partnership,)or(a corporation)hereinafter called"Contractor".
NV ITN ESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
The Contractor will commence and complete the following: 2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal
Program described in the Invitation for Bids, Bid No. B1100055
2. The Contractor will furnish all of the material, supplies,tools,equipment, labor and other services necessary for the
construction and completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the
date of the Notice to Proceed and will complete the 2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program as
specified in Commencement and Completion of Work Page 46 unless the period for completion is extended
otherwise by the Contract Documents.
4, The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms
therein for the sum of$ 1,088,625.25. or as shown in the Bid Schedule.
5. The term"Contract Documents"means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Acknowledgement of Bid Documents
(E) Receipt of Agenda
(F) Bid Bond
(G) W-9 Tax Form
(H) Statement of Qualifications and Subcontractors
(I) Anti-Collusion Affidavit
Q) Bid Schedule
(K) Notice of Award
(L) Agreement
(M) Insurance Requirement
(N) Performance Bond
(O) Labor and Materials Payment Bond
(P) Notice to Proceed
(Q) Change Order
(R) Certificate of Substantial Completion
(S) Lien Waiver
(T) Final Lien Waiver
(U) Notice of Acceptance
(V) Technical Provisions prepared or issued by the Weld County Public Works
Department.
(W) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(X) Colorado Department of Transportation Standard Plans"M&S Standards"
(Y) Addenda:
No. , dated ,20
No. , dated ,20
6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or
otherwise agreed upon in writing.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,executors,
administrators,successors,and assigns.
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this
Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional
compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed
the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the
Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless
such work is covered under a remedy-granting provision contained in the Contract.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this Agreement in three(3) copies each of which shall be deemed an original on the date first above written.
ORDERED BY: ACCEPTED BY: •
THE BOARD OF WELD COUNTY CONTRACTOR
COMMISSIONERS
B Y �11(7L �/71P�� BY
NAME Barbara Kirkmever NAME Kathleen Schreckengost
(Please Type)
'fITI,E Chair TITLE Vice President
Date MAY 1 f 2011 ADDRESS 585 West Beach Street
Watsonville, CA 95076
(SEAL) (SEAL)
ATTEST: f�/,J�y..�1 ATTEST:
Weld County Clerk to the Board BY `_ .
1
By r 1110 By Jigisha Desai Deputy
pep/ iClerk to the Board s,° L 4Il//�, (Please Type)
TITLE Vice President, Parent Company
1161 Y-4,1
Fir
70// 0900(
•
INSURANCE REQUIREMENTS
The Contractor shall secure and maintain such insurance policies as will protect himself,his subcontractors,and COUNTY OF WELD
from claims for bodily injuries, death or property damage, which may arise from operations under this Contract whether such
operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies
pre required:
(a) Statutory Workmen's Compensation
(b) Contractor's Public Liability and Property Damage
Bodily Injury:
Each Person $150,000
Each Accident $600,000
Property Damage:
Each Accident $150,000
Aggregate $600,000
(c) Automobile Public Liability and Property Damage
Bodily Injury:
Each Person $150,000
Each Accident $600,000
Property Damage:
Each Accident 5600,000
The Certificate of Insurance must show Weld County,Colorado as and Additional Insured.
All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall
also be provided if called for by the Special Conditions.
Ccitillcates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds and
shall he subject to his approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of
Insurance shall contain a 30-day written notice of cancellation in favor of the County.
• Bond Nos.: 82279488 Federal
Premium: $3,048.00 105554642 Travelers
PERFORMANCE BOND 09011290 F&D
2011 Slurry Seal/Sand Seal Rejuvenator/Chin Seal Program
KNOW ALL MEN BY THE PRESENTS;that
Intermountain Slurry Seal, Inc
(Name of Contractor)
585 West Beach Street, Watsonville, CA 95076
(Address of Contractor)
Corporation , hereinafter called Contractor, and a
(Corporation, Partnership,or Individual)
Federal Insurance Company*
(Name of Surety)
15 Mt. View Road, Warren, NJ 07059
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Weld County.Colorado
(Name of Owner)
1111 H Street,P.O.Box 758, Greeley, Colorado 80632
Address of Owner)
hereinafter called Owner,in the penal sum of One Million Eighty Eight Thousand**Dollars,($1,088,625.25-- ), in lawful money
of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,successors and assigns,
jointly and severally firmly by these presents. **Six Hundred Twenty Five and 25/100
THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a
certain Corpnact with the Owner,dated the day of , 20 ,a copy of which is hereto attached and made a
part hereof for the construction of:
201 I Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program described in the Invitation for Bids,Bid No.RI IIi00 -�
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms,
conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer
by reason of failure to do so,and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making
good any default,then this obligation shall be void;otherwise to remain in force and effect.
PROVIDED, FURTHER, that 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 of the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary
hereunder,whose claim may be unsatisfied.
`Travelers Casualty and Surety Company of America
Fidelity and Deposit Company of America
Jointly and Severally Liable
Executed in 5 Counterparts
.
PERFORMANCE BOND •
2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed ao original, this
day of April 26th ,20 11
Intermountain Slurry Seal, Inc.
Contractor
e
See Attached Certificate of Secretary By
(Contractor)Secretary Kathleen Schreckengost, Vic resident
(SEAL)
By
585 West Beach Street
Vi ki Fox i ess as to Contractor) (Address)
585 West Beach Street Watsonville, CA 95076
(Address)
Watsonville, CA 95076
ATTEST:
See Attached Powers of Attorney
(Surety)Secretary
(SEAL.)
hi Federal Insurance Company*
w
By By
Witness as to Surety Vic i Fox Attorney-in-Fact Cynthia P. Johnson
585 West Beach Street 15 Mt. View Road
(Address) (Address)
Watsonville, CA 95076 Warren, NJ 07059 •
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as
amended)and be authorized to transact business in the State where the Project is located.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Cruz
April 26, 2011 V.J. Fox, Notary Public
On before me,
Date Hem Insert Name and Title of the Officer
personally appeared Cynthia P.Johnson, Attorney-in-Fact
Neme(s)of Signals)
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
V.I.• FOX instrument the person(s), or the entity upon behalf of
Commission # 1767859 C which the person(s)acted, executed the Instrument.
:=a Notary Public - California =
- ` Santa Cruz County '-
Mycomm.l iressep15,2o11 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 official se
Signature
Place Notary Seal Above S tura of Notary Pu la V.J. Fox, Notary Public
OPTIONAL
Though the information below Is not required by law,It may prove valuable to persons relying on the ocument
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than.Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual O Individual
❑ Corporate Officer—Title(s): O Corporate Officer—Title(s):
❑ Partner—❑Limited O General RIGHTTHumaPRINT O Partner—❑Limited ❑General RIGHT THUMBPRINT
❑ Attorney In Fact OF SIGNER O Attorney in Fact OF SIGNER
❑ Top of thumb here Top of thumb here
Trustee O Trustee
❑ Guardian or Conservator O Guardian or Conservator
❑ Other: O Other:
Signer Is Representing: Signer Is Representing:
_
O2007 National Notary Assodaton•0350 De Soto Ave.,P.O.Box 2402•Chatsiwrt.CA 91313.2402'MvvNatonanNotaryorg 'tarn*5907 Reorder..CallTol-Free 1-800-87&8627
Bond Nos.: 82279488 Federal
Premium included in Performance Bond 105554642 Travelers
LABOR& MATERIALS PAYMENT BOND 09011290 F&D
2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program
KNOW ALL MEN BY THE PRESENTS;that
Intermountain Slurry Seal, Inc
(Name of Contractor)
585 West Beach Street, Watsonville, CA 95076
(Address of Contractor)
, hereinafter called Contractor, and a
(Corporation, Partnership,or Individual)
Federal Insurance Company"
(Name of Surety)
15 Mt. View Road, Warren, NJ 07059
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Weld County.Colorado
(Name of Owner)
I 1 1 1 H Street, P.O. Box 758,Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner,in the penal sum of One Million Eighty Eight Thousand Six Hundred Twenty Five and 25/100
Dollars,($1,088,625.25--- ),in lawful money of the United States of America,for the payment of which sum well and
truly to be made,we bind ourselves,successors and assigns,jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner,
dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the
construction of:
201 I Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program described in the Invitation for Bids,Bid No.IS lb00-15
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations
furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized
extension or modification thereof, including all amounts due for materials, lubricants, oil,gasoline, repairs on machinery, equipment
and tools, consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all
labor, performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void,; otherwise to remain in full
force and effect.
PROVIDED, FURTHER, that 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 of the Specifications accompanying the
same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the Work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary
hereunder,whose claim may be unsatisfied.
"Travelers Casualty and Surety Company of America
Fidelity and Deposit Company of America
Jointly and Severally Liable
Executed in 5 Counterparts
LABOR& MATERIALS PAYMENT BOND
2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Program
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this
day of April 26th ,20 11
Intermountain Slurry Seal, Inc. A
Contractor
See Attached Certificate of Secretary By •
(Contractor)Secretary Kathleen Schreckengost,Vice P sident
(SLALL)////��JJ//
By am// ' 585 West Beach Street
Vicki Fox (Witn�toContractor) (Address)
585 West Beach Street Watsonville, CA 95076
(Address)
Watsonville, CA 95076
A!TEST:
See Attached Powers of Attorney
(Surety) Secretary
(SEAL)
ce By
Federal InsurancgCompany*
By
Witness as to Surety Vie i Fox Attorney-in-Fact Cynthia P. Johnson
585 West Beach Street 15 Mt. View Road
(Address) (Address)
Watsonville, CA 95076 Warren, NJ 07059
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as
amended)and be authorized to transact business in the State where the Project is located.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of Santa Cruz J}
On April 26, 2011 before me, V.J. Fox, Notary Public
Date Here Insert Name and The of the Officer
personally appeared Cynthia P.Johnson,Attorney-in-Fact
Neme(s)of Signals)
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/ihelr authorized
capacity(ies), and that by his/her/their signature(s) on the
v..1-FOX Instrument the person(s), or the entity upon behalf of
, Commission # 7767859
ti „'�';+'' Notary Public -California which the person(s)acted, executed the instrument.
1 ,^u. Santa Cruz County -
3 MyCornm.PxpiresSep15,2mt 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 fficial seal
Signature •
Place Notary Seel Above signature WI PO V. . Fox, Notary Public
OPTIONAL
Though the Information below/s not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than.Named Above:
Capacity(les) Claimed by Slgner(s)
Signer's Name: Signers Name:
❑ Individual O Individual
O Corporate Officer—Title(s): O Corporate Officer—Title(s):
❑ Partner—❑Limited O General RiGHTTHunIePRiM ❑Partner—❑Limited ElGeneral nIGHTiFUP#nPpIM.
O Attorney In Fact orsiGNER ❑Attorney in Fact OFS GNER
Top of thumb here Top of thumb here
❑ Trustee ❑Trustee
O Guardian or Conservator ❑Guardian or Conservator
O Other: O Other:
Signer is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.e.ear 2402•Chatscowv h,CA 91313-2402• v.NatgnalNotaryor9—Item#5901 Reorder:Cafflo9Free 1-800-97&6827
CChubb POWER Federal Insurance Company Attn: Surety Department
Surety OF Vigilant Insurance Company 15 Mountain View Road
OHutaa ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby
constitute and appoint Jigisha Desai, John Gilliland, Cynthia P. Johnson, Kathleen Schreckengost, Ananya
Mukherjee and Eve Perez of Watsonville,California
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf
as surety thereon or otherwise.bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of
business on behalf
in connection with bids,proposals or contracts toot with the United Slates of America,any State or political subdivision thereof or any person,firm or corporation. And
the execution of such bond or obligation by such Attorney-in-Fact in the Company's name and on its behalf as surety thereon or otherwise,under Its corporate seal,In
pursuance of the authority hereby conferred shat.upon delivery thereof,be valid end binding upon the Company.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIG)IANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and
attested these presents and affixed their corporate seals on this 17 day of December,2009
. � tea% �---tin i en
enneth C.Wendel,Assistant Secretary ' .Norris,Jr-,Vice Pr 'dent
STATE OF NEW JERSEY
55.
County of Somerset
On this.17th day of December,2009 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which
exec/u�t�ed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duly sworn,did depose and say that he Is Assistant Secretary of FEDERAL
INSl7RANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to
the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of
Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B. Norris,Jr.,and knows him to be Vice President of said
Companies;and that the signature of David B.Norris,Jr..subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto
subscribed by authority of said By-Laws and in deponent's presence.
Notarial Se STEPHEN S.BRADT
M N B.B Notary Pudic,State of New Jersey
h. �` No.Expires
7
OtA R Y'� Commission Expires Oct.25,2014
ter' Notary Public
4,PU BLLg� ' —
JE CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by
the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective
designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,Pre.idenl any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof,and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and finding upon
the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached?
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the
-Companies")do hereby certify that
(I) the foregoing extract of the By-Laws of the Companies is Into and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District
of Columbia end are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the
U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward
Island;and
(iii)the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this April 26, 2011
�sNRAN�, OMIYII �SUMeee,
e0 tOOMIt4yTt
a/oIANF • Mr •M9 14
's'FW(00-
Kenneth C.Wendel,Ass lent Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE
CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@ chubb.com
Form I 5-10-01548.U (Rev.10-02) CORP CONSENT
•
TRAVELERS J
POWER OF ATTORNEY •
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In-Fact No. 221864
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. Giliiiand.71glsha nasal,Ananya Mukhedee, Cynthia P.Johnson,and Kathleen
Schteckengostof the City of Watsonville,State of California,their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than
one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings
obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
On behalf of Granite Construction Incorporated and all Subsidiaries alone or in Joint Venture.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,
this 7th day of December, 2009.
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company 0%,
�'c .• a` v .. i' t e e "tsrretryµ4 Y • S re.
�'`6II f a \' 'MG , f 'O
State of Connecticut
• By:
City of Hartford ss. • Geo a W. ompson, or Vice President
•
On this the 7th day of December, 2009, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice
President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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. s'o•7fl
My Commission expires the 30th day of June, 2011. * ♦ OA.a. Q 1 icitata's,,t.i• S
Marie C.Tetreault,Notary Public
4,4
Page 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, Kori M.Johanson,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 Companies this April 26. 2011
`rvc f?2 ^_—A`---_
Kori M.Johanson,Assistant Secretary
` / w . S
it
16 s 187 f 1 . r°'OVAn ��sr�� tkpuy�R s"""`c r � q"`coda- n ,r I
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to
the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached.
Page 2 of 2
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 State of Maryland,by FRANK E.MARTIN,JR.,Vice President,and
ERIC D. BARNES,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Companies,which are
set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof,does hereby nominate,constitute and
appoint Jigisha DESAI, Ananya MUKHERJEE,Cynthia P. JOHNSON,Kathleen SCHRECKENGOST and John D. GILLILAND,all of
Watsonville,California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,
and as its act and deed:any and all bonds and undertakings issued on behalf of Granite Construction Incorporated,Watsonville,California
and all subsidiaries alone or in a joint venture, and the execution of such bonds or undertakings in pursuance of these presents, shall be as
binding upon said Companies,as fully and amply,to all intents and purposes,as if it had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Baltimore,MD,in their own proper persons. This power of attorney revokes that issued on behalf
of Jigisha DESAI,John D.GILLILAND,Ananya MUKHERIEE,Eve PEREZ dated March 4,2009.
The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal
of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY,as of this 1st day of December,A.D.2009.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
CL� ea Azar-t. Ad'
Eric D.Barnes Assistant Sec,etarp Frank E.Martin,Jr. Vice-President
State of Maryland SS:
County of Baltimore J
On this 1st day of December,A.U.2009,before the subscriber,a Notary Public of the Stale of Maryland,duly commissioned and qualified,came
FRANK E. MARTIN, JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me personally known to be the individuals and
officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly
sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the
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.
Jf��ll�r r)1 GM'.OAM,tLQ.t
/'h;''nuni5iv"
nri%"
Connie A. Dunn Notary Public
My Commission Expires: July 14,2011
POAF 016-4752C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
`Article VI, Section 2.The Chairman of the Board, or the President,or any Executive Vice-President or any Vice President that is specially
authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the
concurrence of the Secretary, to appoint Attorney-in-Fact as the business of the Company may require,or to authorize any person or persons to
execute on behalf'of the Company any bonds, undertakings, recognizances,stipulations,policies, contracts,agreements,deeds,and releases and
assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the
business of the Company may require,and to affix the seal of the Company thereto:'
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2.The Chairman of the Board, or the President,or any Executive Vice-President or any Vice President that is specially
authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the
concurrence of the Secretary, to appoint Attorney-in-Fact as the business of the Company may require,or to authorize any person or persons to
execute on behalf of the Company any bonds,undertakings, recognizances,stipulations,policies,contracts,agreements,deeds, and releases and
assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the
business of the Company may require,and to affix the.seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct
copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in
Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, at a meeting duly called and held on the 101'day of May, 1990,and of the
Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994.
RESOLVED: "l'hat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy
of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Companies on April 26, 2011
rccs wa ouoyr . .�Inlb
•
SEAL
.'
Gerald F Haley Secremry
INTERMOUNTAIN SLURRY SEAL, INC.
CERTIFICATE OF SECRETARY
I, Kathleen Schreckengost, Assistant Secretary of INTERMOUNTAIN SLURRY SEAL,
INC., a Wyoming corporation, do hereby certify that the following is a true and correct copy of
resolutions duly adopted on November 9, 2010 by unanimous written consent and without a
meeting as authorized by 17-16-821 of the Wyoming Business Corporation act and the Bylaws of
the Company:
AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS
RESOLVED, that, effective November 9, 2010, the below listed individuals of the Company
are authorized to execute documents and agreements in connection with the operations of this
Company:
Gary R. Price President
Kathleen Schreckengost Vice President, Treasurer & Assistant Secretary
Darren S. Beevor Vice President, Controller& Secretary
David J. Brunton Assistant Secretary
Cynthia P. Johnson Assistant Secretary
Don L. Larson Assistant Secretary
RESOLVED FURTHER,that, effective November 9, 2010, the below listed individuals of
Granite Construction Incorporated, parent of the Company, are authorized to execute documents
and agreements in connection with the operations of this Company:
James H. Roberts President & CEO
Laurel J. Krzeminski Vice President, CFO & Assistant Secretary
Michael F. Donnino Senior Vice President, Group Manager & Assistant Secretary
Thomas S. Case Vice President, Group Manager & Assistant Secretary
Jigisha Desai Vice President, Treasurer, Assistant Financial Officer &
Assistant Secretary
John A. Franich Vice President, Group Manager& Assistant Secretary
Terry K. Eller Vice President, General Counsel & Secretary
Kent H. Marshall Vice President, Director of Business Development & Assistant
Secretary
Jay L. McQuillen, Jr. Vice President, Group Manager& Assistant Secretary
Scott D. Wolcott Vice President of Land and Quarry
Margaret B. Wynn Vice President of Human Resources & Assistant Secretary
Thomas M. Bodeman Director of Corporate Taxation and Assistant Secretary
RESOLVED FURTHER, that the authority provided herein is subject to the limits of authority
previously approved and the Granite Construction Incorporated Delegation of Authority and Policy
then in effect.
Page I of 2
L:ASI TARED.COI ALLACORP CorporateA09-0027 Certificates of Secretary yActions{Certificates-U W CSVCerts for ISS 110910.doc
AUTHORIZATION TO ATTEST DOCUMENTS AND AGREEMENTS
RESOLVED, that, effective November 9, 2010, the below listed individuals of the Company
are authorized to attest documents and agreements in connection with the operations of this
Company:
Gary R. Price President •
Kathleen Schreckengost Vice President, Treasurer & Assistant Secretary
Darren S. Beevor Vice President, Controller & Secretary
David J. Brunton Assistant Secretary
Cynthia P. Johnson Assistant Secretary
Don L. Larson Assistant Secretary
RESOLVED FURTHER,that, effective November 9, 2010, the below listed individuals of
Granite Construction Incorporated, parent of the Company, are authorized to attest documents and
agreements in connection with the operations of this Company:
James H. Roberts President & CEO
Laurel J. Krzeminski Vice President, CFO &Assistant Secretary
Michael F. Domino Senior Vice President, Group Manager & Assistant Secretary
Thomas S. Case Vice President, Group Manager & Assistant Secretary
Jigisha Desai Vice President, Treasurer, Assistant Financial Officer &
Assistant Secretary
John A. Franich Vice President, Group Manager & Assistant Secretary
Terry K. Eller Vice President, General Counsel & Secretary
Kent H. Marshall Vice President, Director of Business Development & Assistant
Secretary
Jay L. McQuillen, Jr. Vice President, Group Manager & Assistant Secretary
Scott D. Wolcott Vice President of Land and Quarry
Margaret B. Wynn Vice President of Human Resources & Assistant Secretary
Thomas M. Bodeman Director of Corporate Taxation and Assistant Secretary
Richard A. Watts Assistant General Counsel, Group Counsel & Assistant Secretary
Kenneth M. Smith Group Counsel & Assistant Secretary
Jason M. Jasper Group Counsel & Assistant Secretary
Heather J. Lenhardt Group Counsel & Assistant Secretary
Dated: January 26, 2011 -
Kathleen Schreckengo
4
Page 2 of 2
L ASHARED.COUAALLACORD CorporateA09-0027 Certificates of Secretary\Actiorrs-Certificates-UWCsVCells for ISS I10910.doc
MEMORANDUM
77 47.11 a _
r , "^ TO: Pat Persichino DATE: April 8,2011
Director of Public Works
13/4
v -
IU jji T Y 9 FROM: Dean Dreher,Pavement Management Supervisor
5 � SUBJECT: 2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal
t Programs
Bid Request No. B1100055
On April 5, 2011, three bids were opened for the 2011 Slurry Seal/Sand Seal Rejuvenator/Chip Seal Programs. The cost
for the proposed work using the submitted low bid will be below budget estimates.
VENDORS TOTAL BID
FOOTHILLS PAVING&MAINTENANCE, INC. ALT.I $1,393,707.75
15485 W.44TH AVE#C9700 ALTON WAY
GOLDON CO 80403 ALT. 2 $1,324,539.00
A-1 CHIPSEAL CO. ALT.1 $1,266,464.00
1935 SNOWY OWL DR.
BROOMFIELD,CO 80020 ALT. 2 $1,164,722.00
INTERMOUNTAIN SLURRY SEAL INC. ALT.1 $1,187,050.25
585 W BEACH STREET
WATSONVILLE CA 95076 ALT.2 $1,088,625.25
The low bid was submitted by the Intermountain Slurry Seal Inc. The Intermountain Slurry Seal Inc has performed
projects for many government agencies with satisfactory results.
Therefore, it is the recommendation of the Weld County Public Works Department that we accept the
Intermountain Slurry Seal Inc proposal (Alternate #2) for (Bid Request No. 81100055) for the sum of
$1,088.625.25.
For more information please see attached bid summary:
M.\WPFILES\l I ACCEPT\SLURRYSEAL-SAND-ETC.approvalltr.55 docx
o� Zo11 09O
/9D/
C G (2O C,
BID REQUEST NO.81100055
BID TABULATION ALTERNATE#1
2011 SEAL COAT PROGRAM
ITEM DESCRIPTION UNIT PLAN UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST
NO. CILIANTIP/ DOLLARS DOLLARS DOLLARS
A-1 C61psa1 Foothills Pavi i&Malntanancs Ina '.•IntrrMouMain Slurry 844 Inc
411 SLURRY SEAL SOYD 723850 $1420 $1027,86]00 $1.540 $1,114,72900 $1.300 $941005.00
409 SAND SEAL SOYD 23450 $1 080 $25326.00 $1 160 $27202.00 $0750 $17587.50 _
407 REJUVINATOR SOYD 32900 $0 695 $22,865.50 $0 $24,675.00 $0.850 $27965.00
409 CHIP SEAL SOYD 74400 $2050 $152,520.00 $2 $163,680.00 $2050 $152,520.00 _
Traffic 8 Signing Rejuvenator
407 702.04 (Paved Shoulder) MILE 4.23 $35000 $148050 $22500 $951.75 $425.00 $1797.75 _
PER
614 SIGNING B TRAFFIC(Sand Seal) LOCATION 5 $50000 $2500.00 $2,000.00 $1000000 $950.00 $475000
614 SIGNING B TRAFFIC(Slurry Seal) MILE 47 $61500 $28,905.00 8101000 $47470.00 $77500 $36425.00
Force Account $5,000 00 $5,00000 8500000
$1,266,464.00 $1,393,707.75 $1,187,050.25
BID TABULATION ALTERNATE#2
LOW BID
ITEM DESCRIPTION UNIT PLAN UNIT'PRICE COST UNIT PRICE COST UNIT PRICE COST
NO. OUANETY DOLLARS DOLLARS DOLLARS
A4 Chipsal Foothills Paving 4 MaI.tnanw-Inc.' =•..IMsrMounhl 8881yNah Inc
411 SLURRY SEAL SOYD 723850 $1.300 $941 005 00 $1 465 $1,06044025 $1.200 $868,620.00 _
409 SAND SEAL SOYD 23450 $1.080 $25,32600 $1 160 $27202.00 $0.750 $17,587.50
407 REJUVINATOR SOYD 32900 $0695 $22865.50 $0.750 $24675.00 $0.850 $27,965 00
409 CHIP SEAL SOYD 74400 $1.850 $13]64000 $2000 $148 800 00 $1.700 $126,480.00 _
Traffic 8 Signing Rejuvenator
407702.04 (Paved Shoulder) MILE 423 $35000 $1480.50 $225.00 895175 $42500 $179]75 _
PER
614 SIGNING B TRAFFIC(Sand Seal) LOCATION 5 $500.00 $2,500.00 $2,000.00 810000.00 $95O00 $4750.00
614 SIGNING B TRAFFIC(Slurry Seal) MILE 47 $615.00 $28,905.00 $101000 $47,47000 $775.00 $36,425.00
Force Account $5,00000 $5,000.00 $5,00000
51,164,722.00 $1,324,539.00 $1,088,625.25
M\WPFILES\1 I ACCEPI\SLURRYSEAL-SAND-ETC.approvalltr.55.docx
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