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Contract 1644
a -\611-\`- SECTION 1300 D oRi67N, AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,"and Granite Construction Company,herein referred to as, "CONTRACTOR." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. CONTRACTOR shall furnish all necessary labor,material, equipment,transportation and services for BID NO. B15-03E, CITY PROJECT NO 1017 ORTEGA ROAD RECONSTRUCTION, SIDEWALKS& CROSSWALK SAFETY(SR2SL 5430(031),in the City of Cathedral City,California pursuant to the Invitation to Bid, dated July 2, 2015, and CONTRACTOR's Bid, dated September 29, 2015, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of CONTRACTOR's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. CONTRACTOR shall comply with all Federal, State, County, and Cathedral City Municipal Code,which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. CONTRACTOR shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 30 working days completion time period. 5. In consideration of said work, City agrees to pay CONTRACTOR such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the CONTRACTOR's Bid, the base consideration Seven Hundred Twenty-five Thousand, Five Hundred and Twenty Dollars ($725,520.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The CONTRACTOR shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and the CONTRACTOR shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, CONTRACTOR shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by CONTRACTOR. 8. CONTRACTOR agrees to indemnify, hold harmless, release and defend (even if the allegations are false,fraudulent or groundless),to the maximum extent permitted by law,the City, its City Council,the County of Riverside, its Board of Supervisors, and each member thereof, and its officers, employees, commission members and representatives,from any and all liability, loss,suits, claims, damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of CONTRACTOR, its employees, representatives,subcontractors,or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations,CONTRACTOR and its employees or agents,and members of the general public). 9. Except as otherwise required, CONTRACTOR shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by CONTRACTOR during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. CONTRACTOR shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. CONTRACTOR shall forfeit as a penalty to City $25.00 for each laborer,workman, or mechanic employed in the execution of this Contract by said CONTRACTOR, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, CONTRACTOR certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) CONTRACTOR agrees that a finding by the State Fair Employment Practices Commission that CONTRACTOR has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and CONTRACTOR shall pay to City$500.00 liquidated damages for each such breach committed under this contract. 12. CONTRACTOR also agrees that for contracts in excess of$30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). CONTRACTORs who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by CONTRACTOR without the written consent of City. 14. CONTRACTOR shall notify the City Engineer(in writing)forthwith when the Contract is deemed completed. 15. In accepting this Contract, CONTRACTOR certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. CONTRACTOR certifies that it is the holder of any necessary California State CONTRACTOR's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the CONTRACTOR records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which CONTRACTOR is properly entitled under the Contract or for other purposes relating to the Contract. 18. The CONTRACTOR shall maintain and preserve all such records for a period of at least four years after termination of the contract. 19. The CONTRACTOR shall maintain all such records in the City of Cathedral City. If not, the CONTRACTOR shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents,each of which is by this reference made a part hereof. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation v B , Dated: JO J 20 / Charles P.McClendon,City Manager ATTEST: Dated: /c) l`7 " o2 b I c Gary .Howe ,City Cl k APPROVED AS 0 FORM: Dated: f D— — City Attorney �. SZRUc , "CONTRACTOR" _ ( SEAL :• o ~ .lan.4,1922 . Dated: (0/2.1 f206— 'i �/ ta.• I �. `I Parr .1 iss��,1 11‘‘````Na • r Jigisha I esal Titl•. Vice President Dated: WA By: NlA Name: See *died e y-Kicaka oc ‘ceCretar Title: "CONTRACTOR" (If corporation,affix seal) 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 September 10, 2015 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: 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 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 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 Kent H. Marshall Vice President and Director, Public Private Partnerships &Assistant Secretary Bradley G. Graham Vice President, Controller, Assistant Financial Officer&Assistant Secretary Nicholas B. Blackburn 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 LSHARED.COU'ALL CORP Corporate 09-0027 Certificates of SeactaryAc.ions-Certificates-UN'Cs Cats for GCCO.09.15.Fuul.doe 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 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 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 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 M. Smith Group Counsel &Assistant Secretary Jason M. Jasper Group Counsel &Assistant Secretary Heather J. Lenhardt Group Counsel &Assistant Secretary ®,,�1110i���� %.,.`*?�•N�o''•C°mss 114 Dated: September 11, 2015 0 Richard A. Watts Z'"f',� �•m~ 4!* ri, op•'o 1i1°nUis Page 2 of 2 L.SHARED.000 AII:CORP Corporate 09.0027 Certificat Secretary Actio -U WCs'Certs for GCCO.09.I5.Finaldoc Premium: $1,596 Bond No. 82389673 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on 2013, awarded to Granite Construction Company , hereinafter designated as the Principal, a Contract for BID NO.B15-03E, CITY PROJECT NO 1017 STATE PROJECT SR2SL 5430(031) ORTEGA ROAD RECONSTRUCTION,SIDEWALKS&CROSSWALK SAFETY WHEREAS,said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal,and Federal Insurance Company ,as Surety,areheld and firmly bound unto the City in the just and full amount of Seven Hundred Twnty-Five Thousand Five Hundred Twenty&00/100 ($ 725,520 .00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal,his or its heirs, executors, administrators,successors,or assigns,shall in all things stand to and abide by,and well and truly keep and faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided,on his or their part to be kept and performed,at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period,during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall,in any way,affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 Executed in 2 Counterparts IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 21st day of October , 20115 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Granite Construction Company Principal (Seal) O*11/\' ignature for Principal Jigisha Desai, Vice President Title of Signatory Federal Insurance Company Surety (Seal) ' I Signature for Surety - ! ` Kathleen Schreckengost, Attorney-in-Fact - Title of Signatory - i k - 15 Mountain View Road, Warren, NJ 07059 Address of Surety 908-903-3451 Phone#of Surety Scott Bishop Contact Person for Surety Faithful Performance Bond 1310-2 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 21, 2015 before me, Sumi Sohn-Rigler, Notary Public (insert name and title of the officer) personally appeared Kathleen Schreckengost 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. -:-.�bt+Yy.JA.ws:vwa#..✓h.•r n,.? b ,.-. "..4 .e.... .. SUMI SOHN-RIGLER WITNESS my hand and official seal. ` v Commission#2083167 -Ek ;i Notary Public-California ' '' Santa Cruz County My Comm.Expires Oct 19,2018 Signature ( ■ //A, (Seal) u i Sohn-Rigler, otary Public Premium Included in Performance Bond Bond No. 82389673 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on 2013,awarded to Granite Construction Company ,hereinafter designated as the Principal,a Contract for BID NO.B15-03E,CITY PROJECT NO 1017 STATE PROJECT SR2SL 5430(031) ORTEGA ROAD RECONSTRUCTION,SIDEWALKS&.CROSSWALK SAFETY,and WHEREAS,said Principal is required to furnish a bond in connection and with said Contract,providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon,for,or about the performance of the work contracted to be done,or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW,THEREFORE,we,the Principal,and Federal Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of Seven Hundred Twnty-Five Thousand Five Hundred Twenty&00/100 (5 725,520 .00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that if said Principal,it or its heirs,executors, administrators,successors,or assigns,shall fail to pay for any materials,provisions,or other supplies used in, upon,for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor,or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall,in any way,affect its obligations of this bond,and it does hereby waive notice of any change,extension of time,alteration,or addition to the terms of the contractor to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 Executed in 2 Counterparts IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 21st day of October ,2o15, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Granite Construction Company Principal (Seal) Signature for Principal Jigis a Desai, Vice President Title of Signatory Federal Insurance Company ;}'J Surety (Seal)� i/ _.__ II ) ? =- Signature for Surety - - Kathleen Schreckengost, Attorney-in-Fact Title of Signatory 15 Mountain View Road, Warren, NJ 07059 Address of Surety 908-903-3451 Phone#of Surety Scott Bishop Contact Person for Surety Payment Bond 1320-2 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 21, 2015 before me, Sumi Sohn-Rigler, Notary Public (insert name and title of the officer) personally appeared Kathleen Schreckengost 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. SUMI SOHN-RIGLER Commission#2083167 a e8-P, Notary Public-California z :, '; Santa Cruz County My Comm.Expires Oct 19,2018 Signature (Seal) umi Sohn-Rigler, Notary Public IICChubb POWER Federal Insurance Company Attn: Surety Department Chub OF Vigilant Insurance Company 15 Mountain View Road Manta 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 Desal,John D.Gilliland,Catherine Gustayson,Kathleen Schreckengost,Ashley Stinson and Lillian Tse of Watsonville,Califonva— - -- 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 ar otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given Or executed in the course of business on behalf GRANITE CONSTRUCTION INCORPORATED and all Subsidiaries alone or in joint venture as principal,In connection with bids,proposals or contracts to or with the United States of America,any State or political subdivision thereof or any person,firm or corporation. And the execution of such bond or obligation by such 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 shall,upon delivery thereof,be valid and binding upon the Company. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIWLANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed an -sted these presents and affixed their corporate seals on this 18 day of July,2014. • Dawn M.Chloros,Assistant Secretary r- • :.Norris,Jr.,Vice P •-, t T ( S '1.% ) STATE OF NEW JERSEY SS. County of Somerset On this 18th day of July, 2014 before me,a Notary Public of New Jersey,personally came Dawn M.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.Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to time foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws 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.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 de.;nenfs presence. KATHERINE J.ADE11iE1R Notarial Seal .\N -4p NOTARY PUBLIC OF NEW JERSEY • �� �T c!.... No.�16S85 / / g f�e� Commission Em,tres July 1S,2019 ` / C A �—�-. PUB L0 / Notary Public '� ,JEfk CERTIFICATION / Extract from the By- EDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President Jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I.Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the 'Companies')do hereby certify that ('7 the foregoing extract of the By-Laws of the Companies is true and correct, (fp the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department further, Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal Is licensed in American Samoa,Guam,Puerto Rico•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 m seals of said Companies at Warren,NJ phis October 21, 2015 ..;., e�of I lilt 0 r11: �= _ Dawn M.Chloros.Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM-VERIFY THE AUTHENTICITY OF..T HIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS ,.JSTED ABOVE,OR BY Telephone(908)S03-3493,:::-.• Fax(90(1)-903-3555 - -,e-rna`il:surety@ chubb.com l Form 15-10-0154B-U (Rev.05.73)CORP NON-CONSENT SECTION 1330 WORKERS'COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861,prior to commencement of work on the Contract,the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 4 Signature Jigisha Desai, Vice President Title October 21, 2015 Date • Worker's Compensation Insurance Certificate 1330-1 � l ® ) ^�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYW 10/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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 #0062759 1-415-486-7000 CONTACT NAME: • Aon Risk Insurance Services West, Inc. PHONE FAX (A/C.No.Ext): (A/C,No): 199 Fremont Street, Suite 1500 A ADDDRDR E ESS: San Francisco, CA 94105 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: VALLEY FORGE INS CO 20508 INSURED - INSURER B: GRANITE CONSTRUCTION COMPANY INSURER C: • P. 0. BOX 50085 INSURER D: Watsonville, CA 95077 INSURER E: _INSURER F: • COVERAGES CERTIFICATE NUMBER: 45307592 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP W D/ LIMITS LTR INSR VD POLICY NUMBER (MM/DYYYY) (MM/DDIYYYY) A GENERAL LIABILITY X X GL 2074978689 10/01/15 10/01/18 .EACH OCCURRENCE. $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $2,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $NIL X Contractual Liability PERSONAL&ADVINJURY $2,000,000 X XCU Hazards GENERAL AGGREGATE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY I"" I jECT fl LOC $ A AUTOMOBILE LIABILITY X X HUA 2074978692* 10/01/15 10/01/18 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS .AUTOS -- - _— X HIRED AUTOS .0. NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X Contractual $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION WC 274978630 10/01/15 10/01/18 X WRY ATU- ()R- AND EMPLOYERS'LIABILITY Y/N 10/01/18 A ANY PROPRIETOR/PARTNER/EXECUTIVE - NIA X WC 274978644 (AOS) 10/O1/1-s E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) - 2250 577709 City of Cathedral City, Ortega Road Street Reconstruciton, City Project No 1017 City of Cathedral City, employees and officers, the City Engineer, its consultants, elected officials, agents County of Riverside and sub-consultants are included as additional insured but only with respect to work performed for City of Cathedral City, Ortega Road Street Reconstrction, City Project No 1017 under this contract or permit. GL PER ISO FORM CG0001 10/01; AL PER ISO FORM CA0001 03/10 CERTIFICATE HOLDER CANCELLATION 2250 577709 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero AUTHORIZED REPRESENTATIVE Cathedral City, CA 92234 USA U.cn Matt Adman=Sewlcee West,9na ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Cmaness225 45307592 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 10/23/2015 NAME OF INSURED: GRANITE CONSTRUCTION COMPANY SUPP(10/00) G-140331-D ?IA (Ed. 01/13) Policy#GL2074978689 Insurance Company: Valley Forge Insurance Co. Effective: 10-1-15 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 (OPTIONAL) 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 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole 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, G-140331-D (Ed. 01/13) Page 1 of 3 Copyright,CNA All Rights Reserved. CNA (Ed.(Ed. 011/13)/13) 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 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. G-140331-D (Ed. 01/13) Page 2 of 3 Copyright,CNA All Rights Reserved. CNA G-140331-D (Ed. 01/13 Waiver of Transfer of Rights of Recovery Against Others to Us 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. Notice of Cancellation or Material Coverage Change In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract G-15115-A(Ed 10/89) Material used with permission of ISO Properties, Inc G-00000-A Page 3 of 3 (Ed. ) POLICY NUMBER: GL2074978689 COMMERCIAL GENERAL LIABILITY Insurance Company:Valley Forge Insurance Co. Effective: 10-1-15 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project as required by a written contract or agreement that was executed prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I—Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations Schedule above: nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of"bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard," and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits." CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I—Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" included in under Section I — Coverage C, which cannot be the "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit,whichever is applicable; and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09 . . CNA 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 Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 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. Notice of Cancellation or Material Change- Designated Person or Organization In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract Waiver of Subrogation The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"or the "loss" under a contract with that person or organization. Schedule Any person or organization for whom or which the named insured is required by written contract or agreement to obtain this waiver from us. All other terms and conditions of the Policy remain unchanged. CNA71527XX(10/12)modified Policy No: BUA 2074978692 Effective Date: 10-1-15 Valley Forge Insurance Company Page 1 of 1 Copyright CNA All Rights Reserved. G-19160-B CNA (Ed. 11/97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS-CALIFORNIA 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,TX,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 03 13 (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 10-1-15 Policy No.WC274978630 Valley Forge Insurance Company WC274978644 Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company G-19160-B Page 1 of 1 (Ed. 11/97)