Loading...
Intermountain Slurry Seal - 2016 AgreementSECTION 00500 AGREEMENT PAVEMENT IMPROVEMENT PROJECT PROJECT No. 17 -PW -237 THIS AGREEMENT, made this 18th day. of November , 2016, by and between the City of Gilroy, hereinafter called the "City," and Intermountain Slurry Seal, Inc. hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the PAVEMENT IMPROVEMENT PROJECT, 17 -PW- 237, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Pavement Improvement Project 17 -PW -237 28 AUTHORIZATION OF APPROVED ATTESTORS 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. Jason T. Klaumann President Kathleen Schreckengost Vice President, Treasurer & Assistant Secretary Darren S. Beevor Vice President, Controller & Secretary Gary R. Price Vice President & Assistant Secretary Ryan W. Brady Assistant Secretary RESOLVED FURTHER, that the below listed individuals of Granite Construction Incorporated, parent of the Company, 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 Senior Vice President, Chief Financial Officer & Assistant Secretary Philip M. DeCocco Senior Vice President of Human Resources & Assistant Secretary Michael F. Donnino Senior Vice President, Group Manager & Assistant Secretary Patrick B. Kenny Senior Vice President, Group Manager & Assistant Secretary Martin P. Matheson Senior Vice President, Group Manager & Assistant Secretary James D. Richards Senior Vice President, Group Manager & 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 Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary Kenneth M. Smith Group Counsel & Assistant Secretary Jason M. Jasper Group Counsel & Assistant Secretary Heather J. Lenhardt Group Counsel & Assistant Secretary '1 Dated: June 28, 2016 Kathleen Schreckengost 4 � * ' LNG `' .•'i�� O.N t.ti Page 2 of 2 L- SHARED.000,M.L CORP C.,I—W\09d0027 Cetifi.t of s aary,AC i--c rdBwtee- UWCs\ce ft iss 12.14.Fhwl.dtx Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor's delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700 -6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city's damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3. City's Initia Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Pavement Improvement Project 17 -PW -237 29 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans, 2010 edition) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, Pavement Improvement Project 17 -PW -237 30 agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this 18th day of November , 2016 Intermountain Slurry Seal, Inc. Name of Contractor By. �������, Signature f Contract �%0' Kathleen Schreckenqost .``�p� :� o G• s Vice President % S .�; Title of Signator �'�,�.NaN..` 110 ATTEST: By: 1 , OVA I e Jigish Desai Assistant Secretary of Granite Construction Incorporated, parent of the Company Title of Signator Pavement Improvement Project 17 -PW -237 31 Signature of City City Administrator Title of Signator Approved as to form by ity Attorney Title of Si nator *"*END OF SECTION' Pavement Improvement Project 17 -PW -237 32 INTERMOUNTAIN SLURRY SEAL, INC. CERTIFICATE OF SECRETARY I, Kathleen Schreckengost, Assistant Secretary of INTERMOUNTAIN SLURRY SEAL, INC., a Wyoming corporation (the "Company "), do hereby certify that the following is a true and correct copy of resolutions duly adopted effective December 18, 2014 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 OF APPROVED CONTRACT SIGNERS 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: Jason T. Klaumann President Kathleen Schreckengost Vice President, Treasurer & Assistant Secretary Darren S. Beevor Vice President, Controller & Secretary Gary R. Price Vice President & Assistant Secretary Ryan W. Brady Assistant Secretary RESOLVED FURTHER, that the below listed individuals of Granite Construction Incorporated, parent of the Company, 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: James H. Roberts Christopher S. Miller Laurel J. Krzeminski Philip M. DeCocco Michael F. Donnino Patrick B. Kenny Martin P. Matheson James D. Richards Richard A. Watts Jigisha Desai Bradley G. Graham Nicholas B. Blackburn President & Chief Executive Officer Executive Vice President, Chief Operating Officer & Assistant Secretary Senior Vice President, Chief Financial Officer & Assistant Secretary Senior Vice President of Human Resources & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, General Counsel; Corporate Compliance Officer & Secretary Vice President of Corporate Finance, Treasurer, Assistant Financial Officer & Assistant Secretary Vice President, Controller, Assistant Financial Officer & Assistant Secretary Director of Corporate Taxation & 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'!ALL'CORP Corpnre1F:09-W27 Cmifim. oI'S—M y,A lions- Cmifi.t..0 WCs,Cw., fi. ISS 12.14.M.Ado �►� CERTIFICATE OF LIABILITY INSURANCE DATE 0/19/2016YY, 10/19 2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE POUCH IS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED ES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:-- If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate- holder in lieu of such endorsement(s). PRODUCER LIC #OC36861 1 -415--403 -1491 Alliant Insurance Services, Inc. CONTACT NAME: Kimberly Leik_a_m PHONE , 415- 403 -1491 IC No: 415- 874 -4818 ADDRESS: kleikam®alliant.com 100 Pine Street, 11th Floor INSU S AFFORDING COVERAGE NAIC ii San Francisco, CA 94111 John Gilliland INSURER A: VALLEY FORGE INS CO 20508 INSURED INSURER B: TRANSPORTATION INS CO 20494 INSURER C: MED EXP (Arty one person) Intermountain Slurry Seal, Inc. INSURER D: -MADE OCCUR ntractual Li ability 585 West Beach INSURER E: PERSONAL&ADVINJURY INSURER F GENERAL AGGREGATE Watsonville, CA 95076 COVERAGES L r-mIirtw%ir- nvmia r- -------- -------- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL SUER WVO POLICY NUMBER POUCY EFF IMM /D POLICY EXP (MMIDDrnnM LIMITS A — GENERAL ABILITY R COMMERCIAL GENERAL LIABILITY X R GL 2074976689 10 /01 /1 10 /01 /18 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED P EMISES Ea rTence $ 2, 00 0_, 000 MED EXP (Arty one person) $Nil -MADE OCCUR ntractual Li ability PERSONAL&ADVINJURY $2,_000,000 GENERAL AGGREGATE $10,000,000 FG9ENCLAIMS U Hazards PRODUCTS- COMP /OPAGG $.2,000,_000 A X X BUA2074978692 10 /O1 /1 10/01/18 'L GGREGATELMITApPUESPER LICY X PRO X LOC 'AUTOMOBILE LIABILITY Meacci accident) LE LIMIT acadent $ -2,- 000.,000 BODILY INJURY (Per person) $ S -- ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ED X ,HIRED AUTOS X AUTOS g Contractua BODILY INJURY (Per accident) $ PROPERTY DAMAGE r $ $ UMBRELLA I" OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR HCLAIMS-MADE X WCSTATU. OTH TORY LIMITS I EEL $ B A A B NIA X X X WC274978661 (MT,WI,HI) WC274978644 (ADS /Stop Ga 274978630 (CA) 10 /01 /1 )10 /Ol /1 10 /01 /1 1 0 /O1 /1 10/01/17 10/01/17 10/01/171 1001/17 DED - ..RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTNE ❑ OFFICERMIEMBEREXCLUDED7 N (Mandatory M NH) desa ,,r under f DSC 0, OPERATIONS belw E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE - $ 2,000,000 E.L. DISEASE •pOLIYLIMIT 2.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) -Job #:1651 Pavement Improvement Project No. 17 -PW -237 The Agency, its elected and appointed officers, officials, employees and volunteers are named additional insureds per the attached forma. GL Per ISO Form CG0001 10 /01, AL Per ISO Form CA0001 03/10 CERTIFIUA I r- MULUtK ---- — 1651 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Manager AUTHORIZED REPRESENTATIVE 7351 Rosanna Street Gilroy, CA 95020 Alliant Insurance Services, Ina USA �.,...,...,. .nra.� nnnnnowrnu All ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD jnielson ava► CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON - CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations City of Gilroy. its officers. 7351 Rosanna Street Gilroy. CA 95020 Service Agreement: Pavement Improvement services performed by Intermountain Slurry Seal covers City of Gilroy, its officers. officials and employees are named as an additional insured. per the attached endorsement 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non - contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: Endorsement No: Effective Date: Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved. BUA2074978692 10/01/2016 - 70- G- 140331 -D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on . this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the, acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract "; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage' included in the "products - completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11185 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.I. above, the words 'caused in who_ le or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law, b. That required by the "written contract "; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G- 140331 -D (Ed. 01/1.3) POLICY #: GL2074978689 Page 1 of 2 EFFECTIVE: 10/01/2016 Copyright, CNA All Rights Reserved. G- 140331 -D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; " - (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary. and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G- 140331 -D (Ed. 01/13) POLICY #: GL2074978689 Page 2 of 2 EFFECTIVE: 10/01/2016 Copyright, CNA All Rights Reserved. THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. . Must Be Completed ENDT. NO. POLICY NO. GL 2074978689 Complete Only When This Endorsement Is Not Prepared with the Policv Or Is Not to be Effective with the Policy TO: Granite Construction Incorporated Countersigned by Authorized Representative DATE OF THIS ENDORSEMENT I� WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS CALIFORNIA G- 19160 -B (Ed. 11/97) This endorsement changes the policy to which it is attached. It is agreed that Part One — Workers' Compensation Insurance G. Recovery From Others and Part Two — Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE —n /a The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is n/a %. UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the .person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.Schedule : Any person or organization for whom the named Insured has agreed by written contract to furnish this waiver. WC43 03 05 (Ed 7 -00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed (except CA, T), UT) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 0313 (Ed 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2016 WC2749786" Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company WC 274978630 Valley Forge Insurance Company G- 19160 -B Page 1 of 1 (Ed. 11/97) DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 10/19/2016 Intermountain Slurry Seal, Inc. SUPP CIi�.JB� CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061 -1 61 5 Phone: (908) 903 -3485 • Facsimile: (908) 903 -3656 PERFORMANCE BOND FEDERAL INSURANCE COMPANY Bond No. 82448711 Premium Amount $ 2,878.00 Know All Men By These Presents, That we, Intermountain Slurry Seal, Inc. (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 City of Gilroy in the sum of (hereinafter called the Obligee), One Million Three Hundred Eight Thousand Eighty-Eight Dollars ($1;308;088.00 ), for the payment of which we, the said Principal and 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 October 19, 2016 WHEREAS, the Principal entered into a certain Contract with the Obligee, for Pavement Improvement Project in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specked, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject however, to the following conditions: Forth 1502-0001 (Rev. 114X9 (Over) Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. ,,,1111111#111.0 .% VNTA /N "-I-, fro Z. l . i y 10,��ttt1 Intermountain Slurry Seal, Inc. Prin ' al By: Kathleen S hreckenZNCE , Vice President FEDERAL INS U COMPANY Ashley Stinson, Attorney in 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 October 19, 2016 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 Commissim # 2121012 z Notary Pubft - cdow Na Z Sena Wit Counter I MY Conan. Sep 15 2018 Sign V.J. Fox, Notary Public sue;,: CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 16!5, Waaen, NJ 07061 -16-i5 Phone: (908) 903 -3485 o Facsimile: (908) 903 -3656 PAYMENT BOND FEDERAL INSURANCE COMPANY Bond No. 82448711 Premium included in Performance Bond Know All Men By These Presents, That we, Intermountain Slurry Seal, Inc. (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 City of Gilroy (hereinafter called the Obligee), in the penal sum of One Million Three Hundred Eight Thousand Eighty -Eight Dollars ($1,3013,088.00 ), 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. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated for Pavement Improvement Project in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub- contractors, materialmen, or laborers for labor performed or materials fumished directly to the Princi- pal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub - contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition:. No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limition shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Form 1542-0008 (Rev. 11-99) (off,) b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seals and dated this October 19, 2016 ,'J1111111'rJ iiGG -a � Intermountain Slurry Seal, Inc. Pri i al By: Kathleen Sc reckengostt ce President FEDERAL INSURANCE COMPANY By: Ashley Stinson, Attorney in Fact 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 October 19, 2016 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, Notary Public V. J. FOX Commission #t 2124012 Z Notary Public - California Z Santa Cruz County My Comm ggres Sep 15 2019+ CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Atm: Surety Department 115 Mountain View Road I 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 Desa i, John D. Gilliland, Kathleen Schreckengost, Ashley Stinson and Lillian Tse of Watsonville, California each as their true and lawful Anomey- in- Fats 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 obl%atcry in the nature thereof (other than ball bonds) given or executed In the course of business on behalf GRANITE CONSTRUCTION INCORPORATED and allStftdiaries alone or in Jotat venture as principal. In connection with bids, proposals or contacts to or with the United States of America. any State or poadcal subdivision thereof or any person, firm or corporation. And the eltecutton of stair bond or oblgatlon by such Attorney - In- Fad In the Companys name and on its behalf as surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereo( be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VICIIANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and presents and affixed their corporate seals on this 29", day of August, 2016. 1� { I STATE OF NEWJERSEY Countyorsometset SS. On this 2911 day of August. 2016 before me, a Notary Public of New jersey, personally came Dawn IVL Chloros. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY; the companies which executed the foregoing Power of Attorney, and the said Dawn M. Ctdotos, being by me duly sworn, did depose and say that she Is Assfsta»r Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI' Y COMPANY and knows the corporate seals thereo4 that the. seals affixed -to the foregoing Power of Attorney are such corporate seals and were thereto attired by authority of the apl aws of Said Companies. and that she signed said Power of Attorney as Assistant Secretary, of said Companies by like authority-, and that she Is acquainted with David B. Norrtts, Jr, and knows Mm to be Vice President of said Companies; .and that the signature of David B. Norris, Jr. subscrffied to said Power of Attorney Is In the genuine handwriting of David B. Norris,Jr., and was thereto subscribed by authority ofsaidBy-Lam and In deponelrs presence. Notarial Seal KATHERINE J. ADIeLAAR NpTAR y NOTARY PUBLIC OF NEW JERSEY 110-e+09 No. 2318885 PUBL1 Commiselon Expires July is, 2019 Notary Public yrEa� CERTIFICATION Extract from the By -Laws o FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Except as otherwise provided In these By -Laws or by law or as otherwise directed by the Board of Dlredom the President or any Vice President shall be authorized to execute and deliver, in the name and on behalf of the Corporation, all agreements,.bonds, contracts, deeds, mortgages, and other instruments, either for the Corporation's own account or in a fiduciary or other capacity, and the seat of the corporation. if appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors, the President or any Vice President designated by the Board of Directors may authorize any other officer. employee or agent to execute and deliver, in the name and on behalf of the Corporation, agreements, bonds, contracts, deeds, mongagm and other instruments, either for the Corporation's own account or Ina fidodary or other capacity, and If appropriate, to affix the Seal of the Corporation thereto. The grant of such authority by the Board or any suchatBcer'may be general or confined to specific Instances." I, Dawn M. Chklros. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the' companies,) do hereby certify that (I) the foregoing extract of the By -laws of the Companies is true and correct, = (tt) the signature nay be affixed to such authorized Power of Attorney or tce�rtificate by f simile and such Power certificate orney relating theme as behalf be value and nifl upon Lh6 C of-the 'Cotnnd an . such Power of Attorney so executed and Certified by such facsimile the C with respect and any signature and facsimile seal shall be valid and bin _ Companies with respect to any bond or undertaking to which iris attached (00 the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the US: Treatlt>ry Department further, Federal and VlgBatft are licensed In the U.S. Virgin Islands, and Federal is licensed in Guam Puertoalco, and each of the Provinces of Canada except Prince Edward Island and (iv) the foregoing Power of Atiomey is true, correct and in full force and effect Given under my hand and seals of said companies at warren. NJ this October 19, 2016 -4 1 ffl'al% IN TIM EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIF"HEAUTHENTIC TY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT xIS AT THE ADDRESS LISTED ABOVE..ORBY: Tote ne(906 . )903.3493 Fax 0 903- 3a% e-mall: sumty@ftbb=m Form 1510 -01846 - U CORP CONSENT (rev. 08.19)