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HomeMy WebLinkAboutContract 2026 CoattNo. Cite Clerk!tear SECTION 1300 libk rvikraagemc yew CONTRACT 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 EAST PALM CANYON PAVEMENT REHAB CITY PROJECT NO. 8669, DA VALL STREET IMPROVEMENTS CITY PROJECT NO. 8665, SAN ELJAY PAVEMENT REHAB CITY PROJECT NO. 8667, AND PUBLIC ALLEY RECONSTRUCTION CITY PROJECT NO. 8670, BID NO. B23-42E, (the "Work") in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated May 24, 2023, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated June 14, 2023, and any addenda thereto(the"Contract Documents") all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within SIXTY(60)working days from the date of Notification to Proceed. 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 total compensation to Contractor for all Work shall not exceed Nine Hundred Seventy Thousand, Two Hundred Twenty One Dollars and Zero Cents ($970,221.00). 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 Contract Documents. 6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than 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 up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, 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 the Contract Documents, 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 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. Agreement 1300-1 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 the Contract Documents. 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 as an 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 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status 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 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 the 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 Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 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 three 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. Agreement 1300-2 20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation BY 4•0-1 ! � - Dated: Do 2Ci, 2-3 Charles McClendon, City Manager ATTEST: Ir 1,CXA(td Q icifi Dated: t5-1-b5.2623 Tracey R. HImogillb, CMC, City Clerk APPROVED AS TO FORM: Dated: 6- Z&- Eric Vail, City Attorney "CONTRACTOR" Dated: 7)11207-3 By: Name: Jo,cou e_ eK.viA tos-N Title: c.t+,cr csrvw►c Dated: D-1 "0-7 By: 7- 1)///44 ;// Name: c34 iZ--E- Title: Cow r"tzo -Z•- [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On July 7th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Joseph Pasquale Richardson who proved to me on the basis of satisfactory evidence to be the p rson( whose name, s/are-- scribed to the within instrument and acknowle ed to me tha h executed the same in authorized capacity(), and that by( signature on the instrument the person), or the entity upon behalf of which the person( 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. NNE S HAY rr WITNESS my hand and official seal. p COMM.JULIA A NNEHA#2368 z s= o Notary Public - California Z Z Riverside County o M Comm.Ex Tres Aug, 1,20251 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. St County ate unt fo California Riverside On July 7th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Rudolph Anthony Barela who proved to me on the basis of satisfactory evidence to be the person whose name(A gfe� bscribed to the within instrument and acknowled ed to me tha h executed (he same in hi uthorized capacity(i S), and that by&fiherithe+r-signature on the instrument the person('), or the entity upon behalf of which the person() 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. JULIA ANNE HAYS WITNESS my hand and official seal. COMM.4. ,,, #2368859 z :": to Notary Public -California z` Riverside County v v*,,,41 Comm.Expires Aug. 1,2025 w Signature . ''(11 (Seal) GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED,that, effective January 1,2023 through December 31,2023,the individuals named on the attached Exhibit 1 are authorized to negotiate,execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals,bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed$75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER,that,effective January 1, 2023 through December 31, 2023,the individuals named on the attached Exhibit 2 are authorized to negotiate,execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals,bid addenda and all other bid-related documents prepared and submitted on behalf of the Company in excess of$75 million,relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER,that, effective January 1, 2023 through December 31,2023,the individuals named on the attached Exhibit 1 and Exhibit 2 are authorized to negotiate,execute and/or attest electronic and paper construction contract documents prepared and submitted on behalf of the Company relating to domestic construction projects arising out of the Company's operations. 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. I,M. Craig Hall, 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 effective January 1,2023 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: Dated: January 1, 2023 _ .>�%�•(R..C ti0 '-, M. rai all p‘-‘vp�a��TF' 2711f gFO :�:1- ,P••.•. EXHIBIT 1 AUTHORIZED SIGNERS Granite Construction Company California Group Desert Cities Region AUTHORIZED SIGNERS Bill Moore, VP Desert Cities Region Joseph P. Richardson, Regional Chief Estimator Rudy Barela, Regional Controller Muin Mustafa, Project Executive Todd Besant, Project Executive ATTESTORS Bill Moore, VP Desert Cities Region Joseph P. Richardson, Regional Chief Estimator Rudy Barela, Regional Controller Muin Mustafa, Project Executive Todd Besant, Project Executive Julia Hays, Estimating Assistant EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company AUTHORIZED SIGNERS Kyle T. Larkin, President&CEO Elizabeth L. Curtis, Executive Vice President James A. Radich, Executive Vice President&Chief Operating Officer Kenneth B. Olson, Senior Vice President of Corporate Finance& Treasurer Brian R. Dowd, Senior Vice President Group Operations Michael G. Tatusko, Senior Vice President Group Operations Bradley J. Williams, Senior Vice President Group Operations 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." `��+111 Signature ,4-'? ��`�.`` ' R..... s IQ Joseph P. Richardson, Regional Chief Estimator =W; ��'�' r Title ��. J 4192z •'° July 7, 2023 *i++++ ``` Date Workers'Compensation Insurance 1330-1 SECTION 1300 CONTRACT 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 EAST PALM CANYON PAVEMENT REHAB CITY PROJECT NO. 8669, DA VALL STREET IMPROVEMENTS CITY PROJECT NO. 8665, SAN ELJAY PAVEMENT REHAB CITY PROJECT NO. 8667, AND PUBLIC ALLEY RECONSTRUCTION CITY PROJECT NO. 8670, BID NO. B23-42E, (the "Work") in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated May 24, 2023, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated June 14, 2023, and any addenda thereto(the"Contract Documents") all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within SIXTY(60)working days from the date of Notification to Proceed. 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 total compensation to Contractor for all Work shall not exceed Nine Hundred Seventy Thousand, Two Hundred Twenty One Dollars and Zero Cents ($970,221.00). 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 Contract Documents. 6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than 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 up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, 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 the Contract Documents, 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 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. Agreement 1300-1 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 the Contract Documents. 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 as an 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 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status 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 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 the 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 Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 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 three 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. Agreement 1300-2 20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods,services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation Y 1 Dated: CAD•2-GI 1 UZ3 Charles McClendon, City Manager ATTEST: n � P ( M� J,L.LL Dated: O1 Or) w Z� Tracey R. liermdsil o, CMC, City Clerk APPROVED AS TO FORM: Dated: 06- 3 Eric Vail, City Attorney "CONTRACTOR" Dated: 1)7 J Zo2 3 By: Name: Jesc o P. RicwAizosoo Title: Rea I.NAV of lcr LcnMArDa_ Dated: cD-7 - o'T- Zo 2-3 By: Name: g-u p 3.e.1Z.L' A Title: ,Zg.G t o'sot c- c�,.c Trzoc c-E dt [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On July 7th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Joseph Pasquale Richardson who proved to me on the basis of satisfactory evidence to be the person .) whose name Ks/are-- bscribed to the within instrument and acknowled ed to me tha(t:- -- • executed the same in authorized capacity), and that by iisrltheir signatureM on the instrument the person(?), or the entity upon behalf of which the persons,% acted, execu ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NNE HAYS— WITNESS my hand and official seal. COMIM A A#2368859 z ce_, '�j"; Notary Public •California z *griiii Riverside County S �,., v My Comm.Expires Aug:_1,20251 Signature Chi_P trI9 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. SCounty otate ount f California Riverside f On July 7th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Rudolph Anthony Barela who proved to me on the basis of satisfactory evidence to be the person) whose nameks1 fe-- bscribed to the within instrument and acknowled ed to me tha(h�cy executed the same in uthorized capacity(), and that by hi erf eFr signature() on the instrument the person(p , or the entity upon behalf of which the person 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. JULIA ANNE HAYS WITNESS my hand and official seal. COMM. #2368859 z x=g Notary Public • California o z Riverside County M'Comm.Expires Al 1,2025 i Signature . L(9 (Seal) GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED, that, effective January 1, 2023 through December 31,2023,the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals,bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed$75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that, effective January 1,2023 through December 31, 2023,the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals, bid addenda and all other bid-related documents prepared and submitted on behalf of the Company in excess of$75 million,relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that, effective January 1, 2023 through December 31,2023,the individuals named on the attached Exhibit 1 and Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper construction contract documents prepared and submitted on behalf of the Company relating to domestic construction projects arising out of the Company's operations. 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. I, M. Craig Hall, 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 effective January 1,2023 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: Dated: January 1, 2023 �``c;C . C 7./0 ale M.40all Oo03��T' c- % V' W PA 1922 7.7 EXHIBIT 1 AUTHORIZED SIGNERS Granite Construction Company California Group Desert Cities Region AUTHORIZED SIGNERS Bill Moore,VP Desert Cities Region Joseph P. Richardson,Regional Chief Estimator Rudy Barela,Regional Controller Muin Mustafa, Project Executive Todd Besant,Project Executive ATTESTORS Bill Moore, VP Desert Cities Region Joseph P. Richardson, Regional Chief Estimator Rudy Barela, Regional Controller Muin Mustafa, Project Executive Todd Besant,Project Executive Julia Hays, Estimating Assistant EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company AUTHORIZED SIGNERS Kyle T. Larkin,President&CEO Elizabeth L. Curtis, Executive Vice President James A. Radich,Executive Vice President&Chief Operating Officer Kenneth B. Olson, Senior Vice President of Corporate Finance&Treasurer Brian R. Dowd, Senior Vice President Group Operations Michael G. Tatusko, Senior Vice President Group Operations Bradley J. Williams, Senior Vice President Group Operations 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." Signatur ' •‘‘ UCi/,, �0?Vp, �Rq O '' Joseph P. Richardson, Regional Chief Estimator = 1^! " Title � °O = Jan.4,1922 Date 7, 2023 �, ;;*�July ```" Workers'Compensation Insurance 1330-1 Bond No.107852332 Premium Amount: $2,134.00 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 awarded to Granite Construction Company , hereinafter designated as the Principal, a Contract for Bid No. B23-42E, Project No. CIP C08665, C08667, C08668, C08669, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America* , as Surety, are held and firmly bound unto the City in the just and full amount of($970,221.00) 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 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 5th day of July , 2023, 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. ies%+ Ci�� r/Q f t/ Gj 64 .y ter' Granite Construction Company 0p 0 1. _ Principal SON W „4. : ''••�, �I e � ; Signature f Principal -wiIsi1,.- Joseph P. Richardson,Regional Chief Estimator Title of Signatory Travelers Casualty and Surety Company of America* Surety (Seal) C Signature for Surety Isabel Barron,Attorney In Fact Title of Signatory 1 Tower Square Hartford,CT 06183 Address of Surety 860-277-8170 Phone#of Surety Jen Moore Contact Person For Surety Faithful Performance Bond 1310-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On July 6th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Joseph Pasquale Richardson who proved to me on the basis of satisfactory evidence to be the p son( ) whose name .scribed to the within instrument and acknowled d to me tha [felsh executed the same in grw - = authorized capacity(ie , and that by i7^ sig ure ) on the instrument the person('), or the entity upon behalf of which the person( ) 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. 1 JULIA ANNE HAYS COMM. #2368859 z o " 1 f" - Notary Public . California z''� �° a Riverside County Q ! vly Comm.Expires Aug. 1,2025 Signature ( (Seal) v • 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 July 5, 2023 before me, Mariella Rubio,Notary Public (insert name and title of the officer) personally appeared Isabel Barron , 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. I os; .�, MARIELLA RUBI0 6 ii COMM.#2410765 z • i$ ` a Notary Public-California z` . -i Santa Cruz County My Comm.Expires Ju1y14,2026 j Signature O (Seal) Mariella Rubio, Notary Public Premium Included In Performance Bond SECTION 1320 Bond No.107852332 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation, hereinafter designated the City, has, on awarded to Granite Construction Company, hereinafter designated as the Principal, a Contract for Bid No. B23-42E, Project No. CIP C08665, C08667, C08668, C08669 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 Travelers Casualty and Surety Company of America* , as Surety, are held and firmly bound unto the City in the just and full amount of(97°21°' 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 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 Payment Bond 1320-I IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 5th day of July , 2023,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. ..C 'to =d434: \O . Granite Construction Company wj 4 ► Principal St : " Signature/1.r Principal Joseph P.Richardson,Regional Chief Estimator Title of Signatory Travelers Casualty and Surety Company of America* Surety (Seal) 12 Sign ure for Surety Isabel Barron,Attorney In Fact Title of Signatory 1 Tower Square Hartford,CT 06183 Address of Surety 860-277-8170 Phone#of Surety Jen Moore Contact Person For Surety Payment Bond 1320-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Riverside County of ) On July 6th, 2023 before me, Julia Anne Hays, Notary Public (insert name and title of the officer) personally appeared Joseph Pasquale Richardson who proved to me on the basis of satisfactory evidence to be the person(• whose name •scribed to the within instrument and acknowledged to me tha Fe,.-: -- . executed t e same in 45 - - authorized capacity(ieisl, and that byt�is1he 4 i+r signature on the instrument the person(), or the entity upon beh if of which the person( 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. I- r r-. JULIA ANNE HAYS — 1 COMM. #2368859 z i'. c> i a'; Notary Public • California z z 4 Riverside County d �' MY Comm.moires Aug. 1,20251 i Signature (Seal) 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 July 5, 2023 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j '="� MARIELLA RU610 W,,s, ,.t:1i COMM.#2410765 z oil t;rti art Notary Public•California o z 2' Santa Cruz County m 1 My Comm.ems JuIV4t2026 I Signature (Seal) Mariella Rubio, Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Isabel Barron of WATSONVILLE , California , their true and lawful Attorney(s)-in-Fact 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. 14,0,441� TY ANO caw. e wwrwao, I moot) ca«. n • 4, - i M"asp 1 ► l State of Connecticut / By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. y IN WITNESS WHEREOF,I hereunto set my hand and official seal. NOTARY rt aoz rA. My Commission expires the 30th day of June, 2026 • .++ poEaG Anna P.Nowik,Notary Public covMFcc' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies.which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this Sth day of July , 2023 • ,os uatt,. 4.J,,T ANO 4 R CWM Q t 11 P. G Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-fact and the details of the bond to which this Power of Attorney is attached. / 1 ® DATE(MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 07/03/2023 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 have ADDITIONAL INSURED provisions or 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 #0C36861 1-415-403-1491 CONTACT NAME: Kimberly Leikam Alliant Insurance Services, Inc. PHONE 415-403-1491 FAX 415-874-4818 (A/C.No.Ext): (A/C,No: E-MAIL klaikamialliant.com 560 Mission Street, 6th Floor ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S San Francisco, CA 94105 INSURER A: TRANSPORTATION INS CO 20494 INSURED INSURER B: VALLEY FORGE INS CO 20508 Granite Construction Company INSURER C: 585 West Beach Street INSURERD: INSURER E: Watsonville, CA 95076 INSURERF: COVERAGES CERTIFICATE NUMBER: 69214848 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. ADDL SUER POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A X COMMERCIALGENERALUABILITY X X GL2074978689 10/01/20 10/01/23 EACHOCCURRENCE $ 2,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(EaENTED occurrence) $ 2,000,000 X Contractual Liability MEDEXP(Anyoneperson) $ Nil X XCU Hazards PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY X PRO- X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 S OTHER: B AUTOMOBILE LIABILITY X X BUA2074978692 10/01/20 10/01/23 COMacadBINEenQINGLELIMIT $ 2,000,000 (Ea DS X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ! PROPERTY DAMAGE x AUTOS ONLY X AUTOS ONLY (Per accident) X Contractual i UMBRELLA UM OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ B WORKERS COMPENSATION X WC274978630 (CA) 10/01/22 10/01/23 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N A ANYPROPRIETOR/PARTNER/EXECUTIVE X WC274978644 (AOS/Stop Gap10/01/22 10/01/23 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory In NH)If yes,describe under E.L.DISEASE-EA EMPLOYEES 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job #TBD / Bid No. B23-42E / City-Wide Repaving Projects CIP No. 8669, 8665, 8667, 8670 The City, City employees, officers, Engineer, its consultants, elected officials, agents, and sub-consultants are included as Additional Insured where required by written & executed contract and per the attached endorsements. Coverag? is primary & non-contributory and waivers of subrogation apply. Thirty (30) days written notice of cancellation or material change in coverage provided. GL PER ISO FORM CG0001 10/01; AL PER ISO FORM CA0001 03/10 CERTIFICATE HOLDER CANCELLATION 2250 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. Attn: City Manager 68-700 Avenida Lalo Guerrero AUTHORIZEDREPRESENTATIVE Cathedral City, CA 92234 USA (/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD schultzv 69214848 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 07/03/2023 NAME OF INSURED: Granite Construction Company The named insured reserves its rights to provide any additional coverages under the policies above to only those expressly negotiated for by contract. SUPP(10/00) CNA (Ed. 10/93) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. 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 2. Notice will be mailed to: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. Address: Per Certificates of Insurance on file with the broker This endorsement changes the policy to which it Is attached and is effective on the dale issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 10-1-22 Policy No.WC274978630 Valley Forge Insurance Company WC274978644 Transportation Insurance Company WC 99 06 06 G-20472-A Page 1 of 1 (Ed 10/93) CNA Workers Compensation And Employers Liability Insurance Policy Endorsement IBLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 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 - Refer to the Schedule of Operations 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 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No:WC 2 74978630 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/01/2022 Endorsement No: 6; Page: 1 of 1 Policy Page: 53 of 83 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 'Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No:WC 2 74978644 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/01/2022 Endorsement No: 32; Page: 1 of 1 Policy Page: 296 of 442 Underwriting Company: Transportation Insurance Company, 151 N Franklin St,Chicago,IL 60606 Copyright 1983 National Council on Compensation Insurance. CNA (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 (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, 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. 01/13) POLICY#: GL2074978689 Page 1 of 2 EFFECTIVE: 10/01/2020 Copyright,CNA All Rights Reserved. CNA (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: 10/01/2020 Copyright,CNA All Rights Reserved. POLICY NUMBER: GL2074978689 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 10/01/2020 CG25030509 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 nor Schedule above: 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 will still be deemed to be the same construction 2. Such payments shall not reduce any 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 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 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ENDT. NO. POLICY NO. ISSUED TO: EFFECTIVE DATE OF THIS 26 ENDORSEMENT: GL 2074978689 Granite Construction Incorporated 10/01/20 CNA G-15115-A (Ed. 10/89) POLICY NUMBER: GL2074978689 EFFECTIVE: 10/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 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 can- cellation 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 Page 1 of 1 (Ed. 10/89) CNA 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 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. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Policy No: BUA2074978692 Page 1 of 1 Endorsement No: Effective Date: 10/01/2020 Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved. POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Granite Construction Incorporated Endorsement Effective Date: 10/01/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Notice of Cancellation or Material Change— Designated Person or Organization This endorsement modifies insurance provided under the following: Business Auto Coverage Form 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 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 Complete Only When This Endorsement Is Not Prepared With the Policy Or Is Not to be Effective with the Policy ENDT. NO. POLICY NO ISSUED TO: EFFECTIVE DATE OF THIS Granite Construction Company ENDORSEMENT 19 BUA 2074978692 10/01/2020 CNA Countersigned by c. Authorized presents ive EA/M 19BB 18 G-39543A