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HomeMy WebLinkAboutGranite Construction Company 2009-06-24- . CITY OF UKIAH Mendocino County, California AGREEMENT FOR ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS Specification No. 08-10 THIS AGREEMENT, made this day of 2009, by and between the City of Ukiah, Mendocino County, California, hereina r called the City and Granite Construction Company, hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Davs Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within two hundred ten (210) calendar days. Contract days shall be counted starting with the 10th day following receipt of Notice to Proceed with the Work. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work and without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or 100 difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day portion thereof, for each person who was denied employment as a result of such non- compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. 101 (e) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre- qualification rating will be revoked at the expiration of such period. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti- discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employee's referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. 102 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 Article IV. Parts of the Contract That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 18th day of June , 2009. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: t^MAOTOR 1'T ha D ai vice President 103 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 GRANITE CONSTRUCTION COMPANY INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on June 18 2009, by and between the City of Ukiah (Ukiah) and GRANITE CONSTRUCTION (Contractor). Contractor is performing work per Spec No. 08-10, Orchard Ave. Bridge and Related Street Improvement, EDA Award No. 07-01-06042 for Ukiah. As a condition of executing the Agreement for ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS (AGREEMENT), Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance of the Work of the Agreement attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: qr~~~ &2, . J sha Desai TITLE: Vice President 104 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 Premium: $8,040.00 Bond Nos.: 8218-77-20 Federal CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, AS PRINCIPAL, and GRANITE CONSTRUCTION COMPANY 105186192 Travelers 08975455 F&D Federal Insurance AS SURETY, **One Million Three Hundred Seven Thousand Two Hundred Fifty Eight and 40/100-- are held firmly bound unto THE CITY OF UKIAH, hereinafter called the City, in the penal sum of dollars 1,307,258 ' 40-- ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated , 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 18th day of June 20 In the presence of: WITNESS: N/A N/A (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) *Travelers Casualty and Surety Company of America Fidelity and Deposit Company of Maryland Jointly and Severally Liable 105 Spec. No. 08-10 Executed in 1 Counterpart EDA AWARD NO. 07 01 06042 WITNESS: ' Vicki Fox c (SEAL) r o ate Princip igIsha Desai, Vice President 585 W. Beach Street (Business Address) Watsonville, CA 95076 (City/State/Zip Code) ATTEST: William G. Dorey, Pres ATTEST: See Attached Powers of Attorney t (Corporate Principal) Affix Corporate Seal 585 W. Beach Street (Business Address) Watsonville, CA 95076 (City/State/Zip Code) Affix (Corporate Surety) Corporate Eve Perez, Attorney-in-Fact Seal 585 W. Beach Street (Business Address) Watsonville, CA 95076 (City/State/Zip Code) The rate of premium on this bond is $ 6.15 per thousand. The total amount of premium charges is $ 8,040. 00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). SEE ATTACHED CERTIFICATE OF SECRETARY (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. 106 Affix Corporate Seal Spec. No. 08-10 EDA AWARD NO. 07 01 06042 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Santa Cruz County of On June 17, 2009 before me, V.J. Fox, Notary Public Date Here Insert Name and Vo of the Of car personally appeared Eve Perez, Attorney-in-Fact Name(s) of Signer(s) 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 aadcfffic* Signature ' Place Notary Seal Above St ature of No ary Publi U.J. Fox, Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than.Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Tap of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): - ❑ Partner Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here J 02007 National Notary Association-9350De Solo Ave.,P.O.Box2492-Chatworth,CA 91313.2402-SV,nvNatfonafNotW.org itemH5907 Reorder:CaVToll-Free1-809-B76-6327 Premium included in Performance Bond CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, PRINCIPAL, and GRANITE CONSTRUCTION COMPANY 08975455 F&D AS Federal Insurance AS SURETY, **One Million Three Hundred Seven Thousand Two Hundred Fifty Eight and 40/100 are held firmly bound unto THE CITY OF UKIAH, hereinafter called the City, in the penal sum of dollars ($-L,307,258-40-- ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 18th day of June ,2009 In the presence of: WITNESS: N/A N/A (Individual Principal) Bond Nos.: 8218-77-20 Federal 105186192 Travelers EAL) (Business Address) (City/State/Zip Code) *Travelers Casualty and Surety Company of America Fidelity and Deposit Company of Maryland Jointly and Severally Liable 107 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 Executed in 1 Counterpart WITNESS: 'p Vicki Fox ATTEST: i William rey, Pr/es'' ent ATTEST: See Attached Powers of Attorney (City/State/Zip Code) The rate of premium on this bond is $ 6.15 per thousand. The total amount of premium charges is , 040.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). SEE ATTACHED CERTIFICATE OF SECRETARY (CERTIFICATE AS TO CORPORATE PRINCIPAL) I' certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed t1 he said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. 108 ` (SEAL) r orate Principal) Jigisha Desai, Vice President 585 W. Beach Street (Business Address) Watsonville, CA 95076 (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal 585 W. Beach Street (Business Address) Watsonville, CA 95076 (City/State/Zip Code) Affix (Corporate Surety) Corporate Eve Perez, Attorney-in-Fact Seal 585 W. Beach Street (Business Address) Watsonville, CA 95076 Affix Corporate Seal Spec. No. 08-10 EDA AWARD NO. 07 01 06042 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Cruz On June 17, 2009 before me, V.J. Fox, Notary Public Data Here Insert Name andTitlo of the Officer personally appeared Eve Perez, Attorney-in-Fact Name(s) of Signer(s) VA. FOX Ca -imisslon 176766, ary Public ° California Sang Cruz County 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 h d affi Signature r. ~ Place Notary Seal Above tgnature of Notary Public V.J. Fox, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than.Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: f .fl; uN of thumb heiu Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 7!^. I 1'' I Top of thumb here 02007 National Notary Association • 9350 Do Soto Ave., P.O. Box 2462 • Chatsworth, CA 91313.2402•NxnuNarionalNotaryorg Item #5907 Reorder: CaV1bil-Free 1-800-876-5827 Chubb POWER Federal insurance Company Attn: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road CXHLXNB ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York co oration, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jigiswha Desal, John D. Gilliland, Ananya Mukherlee and Eve Perez of Watsonville, Catifnrnia...«......... e~.... _~W------- _ each as their true and lawful Attorney- In- Fact to execute under such designation In their names and to affix their corporate seats to and deliver for and on their behalf es surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bait bonds) given or executed In the course of business on behalf Granite Construction Incorporated and all Subsidiaries atone or in joint venture in connection with bids, proposals or contracts to or with the United States ofAmedca, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney- In- Fact In the Company's name and on its behalf as surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shag, upon delivery thereof, be valid and binding upon the Company. ft is agread that the power and authority hereby given to the Affomey-In-Fact cannot be modified or revoked unless prior Written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty days pdorto the modification or revocation. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VI,iANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporats seals on this 13 day of March, 2009 Kenneth C. Wendel, Assts ant Sectofary Norris, Jr., Vlce Pies - STATE OF NEW JERSEY as. County of Somerset On this 13th day of March, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomay, and the sold Kenneth C. Wendel, being by me duty sworn, did depose and say that he 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: end that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is sGuaintsd with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to sakl.Power of Attorney is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of sold By Laws and in deponenre presence. Notarial Seal crcoueu n' a®.... NM.ry rum c, StGft of Nov is" Ab. 23210" Cotrmti iOn EOM Od,•25, 2009' CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNrfY COMPANY: Notary `Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attomey or to any cartificate totaling 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 shag be valid and binding upon the Company with respect to any bond or undertaking to which it is atached.° A 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNTTY OMPANY (the 'Compantea') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is tnre and coned, (it) the Companies are duly licensed and authorized to transact surety business in all 80 of tie United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward island; and (Ili) the foregoing Power of Attorney is true, correct and in fug force and effect. Given under my hand and seals of said Companies at Warren, NJ this June 17, 2009 ° ~anrANf d'QwY~'t" THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFYTHE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE Form 15-!0.015413-U (Roe 10.02) CORP CONSENT POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In-Fact No. 220938 Surety Bond No. or Project Description: Principal: Granite Construction Company 105186192 Obligee: City of Ukiah KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company Is a corporation duly organized under the laws of the State of New York, 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, Ananya Mukherjee, and Eve Perez of the City of Watsonville, State of California, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. On behalf of Granite Construction Incorporated and all Subsidiaries alone or in Joint Venture. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of March, 2009. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company 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 United States Fidelity and Guaranty Company o SU'~ly ~ Q~*p rNgG ,~,+1NSUy9 a~tY ANp6 fxa3~v~n1' ~S1Y'Uf0 F. bn A D ~ D f,ORPORA>E?n WlGOPPORAT~:jA ~ R 'C ~ K~ . a; 1951 ~ * ~ ~~tiSE!lGfo~ 3~SSAL~ 'm coxw. }g cotn~g N t898 e ~~y ti~ d 1~ oFAw~ fg ~ } ~vls....N,~a °}r•..,~..a ayr ~ ^ yp `V~ State of Connecticut City of Hartford ss. By: Geo ge Wc-ThompsoncgeWor Vice President On this the 4th day of March, 2009, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, 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. My Commission expires the 30th day of June, 2011. G.Tk~ c>v.~ C ~Gwmj--, ~ ~"G ~ Marie C. Tetreault, Notary Public ct'F' 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., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, 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 June 17, 2009 Kori M. Johanson, Assistant Secretary ~,,sua~ TY SWIE7 tK`-~ P,N iBS ~py';i!,sUq JptYAHO ~xnwn~f• F11TY~0 or °aPr r~ * ~ * tQ'yORPWRA>9>4 Jr,~0.P.ygTC1•~4 ~ °m, ~F~ ~ ° ~ n N~d+PonAtFn ~ COF80AAE F:a t~*r~~~ i~ w wwrFOao• < tiA~tFaF0. ~ < ~~m 1982 0 1977 ~u, ~t in 1''tSSAL;.r oa+N• C0.4N g v, 1896 b 1851 1927 SEgGio 3•. dYy ~ ~a~ d ~~OfAE~4~ 18 * 1' 7y~1S . A~i oi.y.«~.I'/ To verify the authenticity of this Power of Attorney, caU 1-800-421-3880 or contact us at travelersbond com, Please refer to the Attorney4n-Fact number, the above-named individuals and the details of the bond to which the power is attached. Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Jigisha DESAI, John D. GILLILAND, Ananya MUKHERJEE and Eve PEREZ all of Watsonville, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings issued on behalf of Granite Construction, Incorporated, Watsonville, California and all subsidiaries alone or in a joint venture, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD, in their own proper persons. This power of attorney revokes that issued on behalf of R.C. ALLBRITTON, Jigisha DESAI, Deborah S. JACKSON, John D. GILLILAND and Mary H. LONERGAN, dated June 23, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, on March 4, 2009. ATTEST: Fro ocvo~~ r W 4 wfil 8EAL FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary SS: State of Maryland County of Baltimore By: Frank E. Martin, Jr. Vice-President On March 4, 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN, JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Connie A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any Vice President that is specially authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the concurrence of the Secretary, to appoint Attorney-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any Vice President that is specially authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by and with the concurrence of the Secretary, to appoint Attomey-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, at a meeting duly called and held on the 10`h day of May, 1990, and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "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 seal of the said Companies on ,June 17, 2009 'pV OEtps~! (~(b 09AR&! Gerald F. Haley Assistant Secretory GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY I, Michael Futch, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted on May 15, 2009 by unanimous written consent and without a meeting 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 at said meeting have not been repealed and are still in full force and effect: AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS RESOLVED, that the below listed individuals are authorized to execute documents and agreements in connection with the operations of this Company: William G. Dorey President & CEO LeAnmle M. Stewart Senior Vice President, CFO, Corporate Compliance Officer & Assistant Secretary Mark E. Boitano Executive Vice President & COO Michael F. Domzino Senior Vice President, Granite East Manager & Assistant Secretary James H. Roberts Senior Vice President, Granite West Manager & Assistant Secretary Jigisha Desai Vice President, Treasurer, Assistant Financial Officer & Assistant Secretary John A. Franich Vice President, Granite West Manager of Construction & Assistant Secretary Michael Futch Vice President, General Counsel & Secretary Randy J. Kremer Vice President, Granite West Manager of Constriction Materials & Assistant Secretary Laurel J. Krzeminski Vice President, Controller, Assistant Financial Officer & Assistant Secretary Kent H. Marshall Vice President, Director of Large Projects Development and Assistant Secretary Gary L. Roberts Vice President & Chief Information Officer Margaret B. Wynn Vice President of Human Resources & Assistant Secretary RESOLVED FURTHER, that the below listed individual of Granite Construction Incorporated, parent of the Company, is authorized to execute documents and agreements in correction with the operations of this Company: Ananya Mukherjee Assistant Treasurer Page 1 of 2 Shared\CMC Documents\Actions and Certificates Certs for GCCO 051509.doc RESOLVED FURTHER, that the authority provided herein is subject to the limits of authority previously approved and the Granite Constriction Incorporated Delegation of Authority and Policy then in effect. AUTHORIZATION TO ATTEST DOCUMENTS AND AGREEMENTS RESOLVED FURTHER, that the below listed individuals are authorized to attest documents and agreements in connection with the operations of the Company: William G. Dorey LeAnne M. Stewart Mari-, E. Boitano Michael F. Donnino James H. Roberts Jigisha Desai Jolu1 A. Franich Michael Futch Randy J. Kremer Laurel J. Krzeminski Kent H. Marshall Gary L. Roberts Margaret B. Wynn James M. Cady Kenneth M. Smith Richard A. Watts President & CEO Senior Vice President, CFO, Corporate Compliance Officer & Assistant Secretary Executive Vice President & COO Senior Vice President, Granite East Manager & Assistant Secretary Senior Vice President, Granite West Manager & Assistant Secretary Vice President, Treasurer, Assistant Financial Officer & Assistant Secretary Vice President, Granite West Manager of Constriction & Assistant Secretary Vice President, General Counsel & Secretary Vice President, Granite West Manager of Construction Materials & Assistant Secretary Vice President, Controller, Assistant Financial Officer & Assistant Secretary Vice President, Director of Large Projects Development & Assistant Secretary Vice President & Chief Information Officer Vice President, Director of Human Resources & Assistant Secretary Assistant General Counsel & Assistant Secretary Granite East Counsel & Assistant Secretary Granite West Counsel & Assistant Secretary RESOLVED FURTHER, that the below listed individual of Granite Construction Incorporated, parent of the Company, is authorized to attest documents and agreements in connection with the operations of this Company: Ananya Mukherjee Assistant Treasurer Dated: May 21, 2009 Shared\CMC Documents\Actions and Certificates Certs for GCCO 051509.doc Michael Futch Page 2 of 2 NSURANCE ACORD CERTIFICATE OF rm LIABILITY I 6//00 9/YYYY) DATE 06/169 PRODUCER LIC #0056172 1-831-724-3841 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McSherry and Hudson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 575 Auto Center Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 2690 Watsonville, CA 95076 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERN VALLEY FORGE INS CO 20508 GRANITE CONSTRUCTION COMPANY INSURERS: P.O. BOX 50085 INSURERC: CA 95077 WATSONVILLE INSURER D: , INSURER E: Cl1VGRAGER V 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' SR NSRD TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE(MM/DDIYY) POLICYEXPIRATION DATE(MMIDD[YYI LIMITS A X GENERAL LIABILITY GL 2088596727 10/01/06 10/01/09 EACHOCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PREMISESEaoccurence $2,000,000 CLAIMS MADE IF-;-]I 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 LIMITAPPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 POLICY PRO LOC JECT A X AUT OMOBILE LIABILITY BUA 2088596730 10/01/06 10/01/09 COMBINED SINGLE LIMIT $2,000,000 X ANY AUTO (Eeaccident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) Contractual Liability PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 CLAIMS MADE OCCUR F AGGREGATE $ - $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC 2088596680 10/01/06 10/01/09 TATU - X TORYL IIMITS OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? E.L. DISEASE-EA EMPLOYEE $2,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $2,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS JOB #203128 ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS - THE CITY OF UKIAH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER ENDORSEMENTS ATTACHED GL PER ISO FORM CG0001 10/01; AL PER ISO FORM CA0001 10/01 CERTIFICATE HOLDER UAiv UMLLA11UN 1u IJAYa AUr1un; Ur aNUJN-er 11'1=41 rnzMi um SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF UKIAH DATE THEREOF, THE ISSUING INSURER WILL EIM4W4 F MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~L~f'~IEX X11107634]$ffi7t~Liiki~7S1~8SK}47t~XAfn14dC~t116IL~~XfYa1€~#~~E~X~7€~'7C5~~i~X 300 SEMINARY AVENUE XC KKUsm 8XXXXXXXXXXXXXXXXXXXX~XXXXXXXXXXXXXXXXXXXXXXXXXX UKIAH , CA 95482 AUTHORIZED REPRESENTATIVE /'1 ~~r`'-~~✓`-.. USA ACORD 25 (2001108) molly ©ACORD CORPORATION 1988 12246505 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) For All the Commitments You e Policy Number: BUA 2088596730 Valley Forge Insurance Company Named Insured: Granite Construction Company This endorsement modifies insurance provided under the following: ADDITIONAL INSURED BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE Additional Insured: Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule but only for "bodily injury" or "property damage" resulting from the operation of an "auto" owned or used by the Named Insured. The coverage afforded to the additional insured shall operate as primary insurance , and no other insurance shall be called on to contribute to a loss hereunder but only if the written contract requires that this insurance be primary and non-contributory. The company waives any right of subrogation against the additional insured named above because of payments the company makes for injury or damage arising out of operations performed for the additional insured by the named insured but only if a written contract requires such a waiver. The insurance afforded by this policy applies severally as to each insured except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. This insurance policy will not be cancelled, limited, non-renewed, or coverage reduced until thirty 30 days after receipt by the additional insured named above of a written notice of such cancellation, reduction of coverage or non-renewal. In the event of cancellation for non-payment of premium, ten (10) days written notice of such cancellation will be given For All the Commitments You Make'° Policy Number: GL 2088596727 Valley Forge Insurance Company Named Insured: Granite Construction Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. Section II - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of operations performed for the additional insured by the named insured. The limits of insurance afforded to the additional insured do not exceed those required in the contract or afforded by this policy, whichever is less. The coverage afforded to the additional insured is that provided by the Commercial General Liability Coverage Form #CG0001 (10/01) as modified by endorsement CG 22 80 (07/98), the Limited Exclusion - Contractors - Professional Liability. The coverage afforded to the additional insured shall operate as primary insurance, and no other insurance shall be called on to contribute to a loss hereunder but only if the written contract requires that this insurance be primary and non-contributory. The insurance afforded by this policy applies severally as to each insured except that the inclusion of more than one insured shall not operate to increase the limit of the company's liability and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. The company waives any right of subrogation against the additional insured named above because of payments the company makes for injury or damage arising out of operations performed for the additional insured by the named insured but only if a written contract requires such a waiver. This insurance policy will not be cancelled, limited, non-renewed, or coverage reduced until thirty 30 days after receipt by the additional insured named above of a written notice of such cancellation, reduction of coverage or non-renewal. In the event of cancellation for non-payment of premium, ten (10) days written notice of such cancellation will be given. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Determined at Audit The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization for whom the named insured has agreed by written contract furnish this waiver 1) This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. (2) The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, (3) The premium charge shall be no less than 5% of the California workers' compensation premium otherwise due. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Endorsement Effective: 10/01/06 Policy No.: WC 2088596680 (CA) Insured: Granite Construction Company Insurance Company: Valley Forge Insurance Co WC 04-03 06 (Ed 4-84) CERTIFICATION REGARDING LOBBYING (This Certification is required pursuant to 31 U.S.C. 1352) Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing.or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan; or cooperative agreement; the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. GRANITE CONSTRUCTION COMPANY ORGANIZATION NAME AWARD NUMBER Jigisha Desai, Vice President NAME AND TITLE OF AUT ZED REPRESENTATIVE BY: June 18, 2009 SI DATE 114 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 Form ED-126 (Rev. 4-4-72) U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION CERTIFICATE OF GRANTEE BORROWER'S ATTORNEY I, the undersigned, i , the duly authorized and actin le al representative of do hereby certify as follows: I have examined the attached contracts and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the partie ccting the same in accordance with terms, conditions and pro ns thereof. 9 Signature _ Date: ~