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Contract 1600
SECTION 1300 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. B14-161E, CITY PROJECT NO 8913 EAST PALM CANYON DRIVE STREET IMPROVEMENTS,in the City of Cathedral City,California pursuant to the Invitation to Bid,dated September 26, 2014,and CONTRACTOR's Bid, dated October 21,2014, 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 Six Hundred Forty-Four Thousand, Five Hundred and Twenty Dollars ($644,520.00). 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 Agreement 1300-1 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 Agreement 1300-2 a 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 B � AJ"l.. ++/, 2r� 2 Dated: l t_J' G J'2 6< 41" Charles P.McClendon,City Manager ATTEST: i . . A_4. AI ALA /I Dated: /o .42- 3- 42 0)4 Gary F.Howl,,City lerk APPROVED AS TO FORM: C/C2�j(V�r"i Dated: 11— /I-- – /l'i City Attorney "CONTRACTOR" Dated: 10/22/2014 By• ,, 0 r 1e:Jigisha Desai Title: Vice President Dated: N/A By: N/A Name: 41■1118/11_ Title: I0 If,Qb Y ( i 7. .v C i 0 ' ..1 S., 1.opy� xp� t d'', 4.~ Agreement 1300-3 Bond Nos. : 82379810 Federal Premium: $1,418.00 106157601 Travelers SECTION 1310 09171072 F&D FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 21,2014, awarded to Granite Construction Company, hereinafter designated as the Principal, a Contract for BID NO. B14-161E, CITY PROJECT NO 8913 EAST PALM CANYON DRIVE STREET IMPROVEMENTS, 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 Federal Insurance Company* , as Surety,are held and firmly bound unto the City in the just and full amount of Six Hundred Forty-Four Thousand, Five Hundred and Twenty Dollars ($644,520.00) 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 3 Counterparts IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 22nd day of October , 2014, 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) ```1111111///�', ••GpNSrRU �i� .(0 Desai Signature for Principal 4S l0 r 'I . A1 °14'4%` '4 /0: Vice President 1 • %f/ O Title of Signatory*!!1iiNtO Federal Insurance Company* Surety (Seal) Ashley Stinson Signature for Surety 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 *Travelers Casualty and Surety Company of America Fidelity and Deposit Company of Maryland Jointly and Severally Liable Faithful Performance Bond 1310-2 ACKNOWLEDGMENT State of California County of Santa Cruz ) On October 22, 2014 before me, M.I. Barron, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Comm. 1929000 NO7P.R'f PUt3UG-CALIFORNIA ANTA C 1JZ COUNTY MY COMMISSION XP1f S MAR 18,2015 Signature IV`-vL \I{u (Seal) M.I. Barron, Notary Public Bond Nos. : 82379810 Federal 106157601 Travelers Premium included in SECTION 1320 09171072 F&D Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 21,2014,awarded to Granite Construction Company,hereinafter designated as the Principal,a Contract for BID NO. B14-161E, CITY PROJECT NO 8913 EAST PALM CANYON DRIVE STREET IMPROVEMENTS, 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 Six Hundred Forty-Four Thousand, Five Hundred and Twenty Dollars ($644,520.00) 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 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 1320-1 Executed in 3 Counterparts IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 22nd day of October , 2014, 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) 1111111!!!! !GpN S TRG/,� J • -!� •esai Signature for Principal Zi QUA m3z _ Vice President ▪ pG• :� �1 p _ :0 Title of Signatory ''/"111 N 11 Federal Insurance Company* Surety (Seal) Ashley Stinson Signature for Surety 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 *Travelers Casualty and Surety Company of America Fidelity and Deposit Company of Maryland Jointly and Severally Liable Payment Bond 1320-2 ACKNOWLEDGMENT State of California County of Santa Cruz On October 22,2014 before me, M.I. Barron, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��"' WITNESS my hand and official seal. BARRON/ BARRON\ Comm, 1929000 F Nl 4� NC>TAi Y PUBWC-CALIFORNIA `Y"T'=' ° Af;1CA C^UZ COUNTY M��`\� 41`/rcaP'MIa5f�NL fPIRESMAR18,2015 Signature M"l u �► � (Seal) M.I. Barron, Notary Public IC Chubb POWER Federal Insurance Company Attn: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Omni. 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 co ration, do each hereby constitute and appoint Jigisha Desal,John D.Gilliland,Catherine Gustayson,Kathleen Schreckengost,Ashley Stinson and Lillian Tse of Watsonville,California----•-- ----- each as their true end lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise.bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business on behalf GRANITE CONSTRUCTION INCORPORATED and all SubeidiaHee 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 of 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,VIVANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed a d these Presents and allied their corporate seals on this 18 day of July,2014. Dawn M.Chloros,Assistant Secretary ' • .Norris,Jr.,Vice• • II A r�1-% hrh ) I h'y STATE OF NEW JERSEY es. County of Somerset On this 18th day of July, 2014 before me,a Notary Pubic of New Jersey,personally came Darn 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 the 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• nent's presence. KATHERINE J ADELAAR Notarial Seal • N - • NOTARY PUBLIC OF NEW JERSEY • At OAR 231605 Comntldan E r Joy 1e,2019 , / . PUBLO / Notary Public � 'JEaS%/ 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 Chairmen 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 Mowing 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 (I) the foregoing extract of the By-Laws of the Companies is tare and correct, (If) the Companies are duty licensed and authorized to transact surety business in all 50 of the United Slates of America and the Disitc of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in the U.S.Vigin 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 my hand and seals of said Companies at Warren,NJ this October 22, 2014 saucer' `..:�1, '�, . .,1J. ` t • Q' • Dawn M.Chloros,Assistant Secretary IN THE EVENT YOU WISH 1D NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS ,JSTED ABOVE,OR BY Telephone(908)903-3493 Fax(900)903-3656 e-mail:surety.)chubb.com Form 15-10-01545-U (Rev.05-13)CORP NON-CONSENT Auk TRAVELERS J POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attomey-In-Fact No. 228138 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John D. Gilliland,Jigisha Desai,Kathleen Schreckengosl, Catherine Gustayson,Ashley Stinson,and Lilian Tse of the City of Watsonville, State of California,their true and lawful Attomey(s)-in-Fact, each in their separate capadty if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power of Attorney is limited to bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof for Granite Construction Incorporated and all subsidiaries and affiliates,alone or in joint venture. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 26th day of June,2014. Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �'.• ~ ',1 • X41 `•� a 41ONVP, e h tft3 4i i SEAL Q! �• . vt� � J' l <s..A4 State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 26th day of June, 2014, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. a My Commission expires the 30th day of June,2016. * „e`(lOJf.. tirTAILLIALLf Marie C.Tetreault,Notary Public Page 1 of 2 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes,the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this October 22,2014 Kevin E. Hughes,Assistant Secretary 0 (;;;., feliAN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www,travalersbond,com.Please refer to the Attorney-In-Pact number,the above-named individuals and the details of the bond to which the power is attached Page 2 of 2 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Jigisha DESAI,Catherine GUSTAVSON,Cynthia P.JOHNSON,Kathleen SCHRECKENGOST,John D.GILLILAND, Ashley STINSON and Lillian TSE, each its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,issued on behalf of Granite Construction Incorporated, Watsonville,California and all subsidiaries alone or in a joint venture and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY,COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 1st day of March,A.D.2013...... ,.;„1:------, tt..04,11.o,,,,,,..1 6 5111AL ) t 1 440#,e, (...z.lea,er. �.iT" 011 _..., By: Vice President—Geoffrey Delisio Ae..A......ae -9. Aix-5 By Assistant Secretary—Gerald F. Haley State of Maryland County of Baltimore On this 1st day of March,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Geoffrey Delisio, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. *�"1,'1;4,; 1j;1;���1`S``` �� By: Constance A.Dunn - Notary Public My Commission Expires:July 14,2015 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, This October 22, 2014 4. K(t-(// Thomas O.McClellan,Vice President 11,1 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." /It*, Ode . ott tun,. Signature Ji•isha Desai �� 40loo ° • A. OA 1%.fo T.0 ct) Vice President • , cill,_a%; Title o ' :��t.. *`,,�� l."I I I I , October 22, 2014 Date Worker's Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The CONTRACTOR shall indemnify,hold harmless and assume the defense of the City of Cathedral City (City), its elected officials, officers,agents, employees, commission members and representatives, from all damages,costs,or expenses in law or equity that may at any time arise to cause damages to property,or of personal injury received by reason of or in the course of performing work,which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR's employees, or any of its subcontractors arising out of work under this Contract. The City does not, and shall not, waive any rights that it may have against CONTRACTOR, any of the CONTRACTOR's employees,or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage,liability,loss,cost or expense described herein. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of Contract, the CONTRACTOR shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the CONTRACTOR shall not commence work, until such insurance has been approved by the City. The CONTRACTOR shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by CONTRACTOR. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the CONTRACTOR of the duty to obtain such insurance as is required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 2.2 Commercial General Liability Policy The CONTRACTOR shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar($4,000,000)annual project aggregate,for all of the following: a. Premises Operations,including Explosion,Collapse and Underground(X,C,and U)Coverage. b. Completed Operations/Products,including X,C,and U Coverage. c. Independent CONTRACTORs. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars($1,000). Worker's Compensation Insurance Certificate 1330-1 err 2.3 Commercial Business Auto Policy The CONTRACTOR shall take out and maintain during the life of this Contract a Commercial Business Auto Policy,on an occurrence basis,with a minimum amount of not less than Two Million Dollars ($2,000,000)combined single limit for bodily injury and property damage,providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased,owned,hired,or non-owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment,including cranes,which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars($1,000). 2.4 Workers'Compensation Insurance The CONTRACTOR shall take out and maintain during the life of the Contract,Worker's Compensation and Employers'Liability insurance providing coverage for any and all employees of CONTRACTOR: a. The required policy shall provide coverage for Workers'Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars($1,000,000)Employers'Liability (Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City,City employees and officers,the City Engineer,its consultants,elected officials,agents, County of Riverside and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance,including self-insured retention,the City may possess,and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured,and additional insured,as though a separate policy had been written for each. This,however,will not act to increase the limit of liability of the insuring company. d. "Thirty(30)days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Charles P.McClendon,City Manager City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 2.6 Change in Terms The CONTRACTOR shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.5.d,Endorsements. The CONTRACTOR shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Worker's Compensation Insurance Certificate 1330-1 ■ DATE(MM/DD/YYYY) AR v• CERTIFICATE OF LIABILITY INSURANCE 10/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BELOW. TTHIS CERTIFICATE FOF INSURANCE DOES NOTLCONSTITUTE XA CONTRACT TBETWEENOTHE ISSUING NSURER(S)TAUTHORIZED I 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). LIC #0G62759 1-415-486-7000 CONTACT PRODUCER NAME: Aon Risk Insurance Services West, Inc. PHONE FAX (A/C.No.Ext): (A/C,No): E-MAIL 199 Fremont Street, Suite 1500 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC tl San Francisco, CA 94105 INSURER A VALLEY FORGE INS CO 20508 INSURED INSURER B: GRANITE CONSTRUCTION COMPANY INSURER.: P. 0. BOX 50085 INSURERD: INSURER E: Watsonville, CA 95077 INSURER F: COVERAGES CERTIFICATE NUMBER: 41889819 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 ADDL SUER M W POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE GR VD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY X X GL 2074978689 10/01/12 10/01/15 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED $ 2,000,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE X OCCUR MED EXP(Any one person) $NIL X Contractual Liability PERSONAL&ADV INJURY $ 2.000,000 X XCU Hazards GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000$ POLICY X LITY LOC 10/01/12 10/01/15 COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY X X BUA 2074978692 (Ea accident) _s_2,000,000 BODILY INJURY(Per person) $ X ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS PROPERTY DAMAGE — NON-OWNED (Per accident) $ X HIRED AUTOS X AUTOS X Contractual $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ $ DED RETENTION$ WC STATU- OTH- ER WORKERS COMPENSATION WC 274978630 10/01/12 10/01/15 X TORY LIMITS ER AND EMPLOYERS'LIABILITY 10/01/15 E.L.EACH ACCIDENT $ 2,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE -7 NIA X WC 274978644 (AOS) 10/01/12 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If(Mandatory esc b and 2,000,000 DESCRIPTION describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 2250 City of Cathedral City, East Palm Canyon Drive Street Improvements, Project No 8913. City of Cathedral City, its employees, Officers, City Enginneer, 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, East Palm Canyon Drive, Street Improvements, Project No. 8913 under this contract or permit. 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. 68-700 Avenida Lalo Guerrero AUTHORIZED REPRESENTATIVE I &<,// r -`~— Cathedral City, CA 92234 USA I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Cmaness225 41889819 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 10/22/2014 NAME OF INSURED: GRANITE CONSTRUCTION COMPANY SUPP(10/00) Policy#GL2074978689 G-140331-C CNA Insured: Granite Construction Incorporated (Ed. 10/10) Effective: 10/01/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) The insurance afforded to the additional insured only applies to the extent permitted by law. 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 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of insurance than the least that is: 1. Any person or organization whom you are required by "written contract" to add as an a. Required by the"written contract"; additional insured on this Coverage Part; and b. Described in B.1.above; or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. 3. This insurance is excess of all other insurance B. The insurance provided to the additional insured is available to the additional insured whether on a limited as follows: primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury"caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions; or 4. The insurance provided to the additional insured does not apply to "bodily injury," b. The acts or omissions of those acting on "property damage,"or"personal and advertising your behalf injury arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the"written contract"; or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including: contract" but only for "bodily injury" or (1) The preparing, approving, or failing to "property damage" included in the prepare or approve maps, shop "products-completed operations hazard," drawings, opinions, reports, surveys, and only if: field orders, change orders or drawings (1) The "written contract" requires you to and specifications; and provide the additional insured such (2) Supervisory, inspection, architectural or coverage; and engineering activities; or (2) This Coverage Part provides such b. Any premises or work for which the coverage. additional insured is specifically listed as an Page 1 of 2 Policy#GL2074978689 G-140331-C CNA Insured: Granite Construction Incorporated (Ed. 10/10) Effective: 10/01/12 additional insured on another endorsement We have no duty to defend or indemnify an attached to this Coverage Part. additional insured under this endorsement until we receive from the additional insured written C. SECTION IV — COMMERCIAL GENERAL notice of a claim or"suit." LIABILITY CONDITIONS is amended as follows: 2. With respect only to the insurance provided by 1. The Duties In The Event of Occurrence, this endorsement, the first sentence of Offense, Claim or Suit condition is amended Paragraph 4.a. of the Other Insurance to add the following additional conditions Condition is deleted and replaced with the applicable to the additional insured: following: An additional insured under this endorsement 4. Other Insurance will as soon as practicable: a. Primary Insurance (1) Give us written notice of an "occurrence" or an offense which may result in a claim or This insurance is primary and non- "suit" under this insurance, and of any claim contributory except when rendered or"suit"that does result; excess by endorsement G-140331-C, or when Paragraph b. below applies. (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any D. Only for the purpose of the insurance provided by other insurance the additional insured has this endorsement, SECTION V — DEFINITIONS is for a loss we cover under this Coverage amended to add the following definition: Part; "Written contract" means a written contract or (3) Send us copies of all legal papers received, written agreement that requires you to make a and otherwise cooperate with us in the person or organization an additional insured on this investigation, defense, or settlement of the Coverage Part, provided the contract or agreement: claim or"suit"; and 1. Is currently in effect or becomes effective during (4) Tender the defense and indemnity of any the term of this policy; and claim or "suit" to any other insurer or self 2. Was executed prior to: insurer whose policy or program applies to a loss we cover under this Coverage Part. a. The"bodily injury" or"property damage"; or But if the "written contract" requires this b The offense that caused the "personal and insurance to be primary and non- advertising injury" contributory, this provision (4) does not apply to insurance on which the additional for which the additional insured seeks coverage insured is a Named Insured. under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 2 (Ed. 10/10) Notice of Cancellation In the event of cancellation or material change that reduces or restricts the insurance afforded by the General Liability Coverage Form, the Company agrees to mail prior written notice of cancellation or material change to the person or organization named in the Schedule. Schedule Name: Any person or organization the named insured is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice 10(or 20 if in Alaska)days notice for non-payment of premium or 60(or fewer, as required by written contract)days notice for any other reason Waiver of Subrogation The Company waives any right of subrogation against any additional insured because of payments the Company makes for injury or damage arising out of operations performed for such additional insured by the named insured but, only if a written contract requires such a waiver. Page 2 of 2 POLICY NUMBER: GL2074978689 COMMERCIAL GENERAL LIABILITY INSURED: GRANITE CONSTRUCTION INC. 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): PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT 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 wow 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 POLICY NUMBER: BUA2074978692 Granite Construction Incorporated Effective 10-01-12 COMMERCIAL AUTO CA2048 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. The coverage afforded to the additional insured shall operate as primary insurance only if the written contract requires that this insurance be primary. No other insurance maintained by the additional insured shall be called upon to contribute to a loss hereunder if the written contract requires that such other insurance shall be non- contributory. The insurance afforded to the additional insured only applies to the extent permitted by law. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an `insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Waiver of Subrogation The Company waives any right of recovery the Company may have against the person or organization shown in the Schedule because of payments the Company makes for injury or damage arising out of the named insured's activities under a contract with that person or organization. Schedule Name of Person or Organization: Any person or organization with whom the named insured agrees in writing prior to the date of any loss to waive the named insured's right to recover against them. Notice of Cancellation In the event of cancellation or material change that reduces or restricts the insurance afforded by the Business Auto Coverage Form, the Company agrees to mail prior written notice of cancellation or material change to the person or organization named in the Schedule. Schedule Name:Any person or organization the named insured is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice 10(or 20 if in Alaska)days notice for non-payment of premium or 60(or fewer, as required by written contract)days notice for any other reason Notice of Cancellation In the event of cancellation or other material change of the Workers'Compensation and Employers'Liability Insurance policy,the insurer 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 does not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name:Any person or organization the employer named in Item 1 of the Information Page is required by written contract or agreement to mail prior written notice of cancellation or material change. Number of days advance notice: 10(or 20 if in Alaska)days notice for non-payment of premium or 60(or fewer,as required by written contract)days notice for any other reason BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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.) Endorsement Effective:10/01/12 Policy No. WC274978630(CA) Insurance Company:Valley Forge Insurance Co G-19160-B (ED.11/97) 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 Person or Organization: Any person or organization for whom the named insured has agreed by written contract prior to date of any loss to furnish this waiver This endorsement changes the policy to which 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 preparations of the policy.) Endorsement Effective: 10/01/12 Policy No. WC 274978644 Insurance Company: Valley Forge Insurance Co. WC 43 03 05 (Ed.7-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-ALL OTHER STATES 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 Person or Organization: Any person or organization for whom the named insured has agreed by written contract prior to the date of any loss to furnish this waiver 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: 10/1/12 Policy No.WC274978644 Insurance Company: Valley Forge Insurance Company Endorsement Effective: 10/1/12 Policy No WC274978658(NY Only) Insurance Company: Transportation Insurance Company WC000313 (Ed-4-84)