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HomeMy WebLinkAboutGranite Construction Company 2019-07-05COU #1920-002 CITY OF UKIAH Mendocino County, California AGREEMENT FOR NORTHWESTERN PACIFIC RAIL TRIAL PHASE 2 Specification No. 17-12 THIS AGREEMENT, made this 5th day of July 20 19 by and between the City of Ukiah, Mendocino County, California, hereinafter 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 Days 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 ONE HUNDRED (100) working days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. 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, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 104 Spec. No. 17-12 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 Toss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or 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) 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. NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 105 Spec. No. 17-12 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. (e) 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 or 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. (f) (g) 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. 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 employees' 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. NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 106 Spec. No. 17-12 (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. 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. r to be signed by authority of their duly authorized office this 1 �+ day of MAI `t 20 1 c( CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: zi q#44 M NA R, CITY OF yKIAH Attest: 1/()' it( /t CITY CLERK, CITY OF UKIAH NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 107 Spec. No. 17-12 By: Attest: Granite Construction Company Jigisha Desai, Senior Vice President Kenneth B. Olson Title: Vice President 16 I The foregoing contract is approved as to form and legality this / 7 day of -4 LA,l , 20 I . CITY ATTORNEY, CITY OF UKIAH NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 "44 ---- 108 Spec. No. 17-12 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on July 5 , 20 19 by and between the City of Ukiah (Ukiah) and Granite Construction Company (Contractor). Contractor is performing work as per the plans and specifications. Spec. No. 17-12 , Northwestern Pacific Rail Trail Phase 2 for Ukiah. As a condition of issuing the work order, attached hereto, 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 under the work order 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. CONTRALTO BY: Kenneth B. Olson TITLE: Vice President NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 o1\1111►!/Al Y G' J� I1 : ::::*".:7 '1' ;3:1 /:1.1.i. -.� .CALIc \? !!1111 T 109 Spec. No. 17-12 GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY I, M. Craig Hall, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted and effective December 13, 2018 by a regular meeting of the Executive Committee of the Board of Directors in accordance with the provisions of Article III, Section 15 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolutions adopted have not been repealed and are still in full force and effect: AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS RESOLVED, that the below listed officers are authorized to execute and deliver on behalf of the Company all documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts Jigisha Desai Carlos F. Alegre Philip M. DeCocco M. Craig Hall Kyle T. Larkin Richard M. Rantala James D. Richards Dale A. Swanberg Mathew C. Tyler Richard A. Watts Michael W. Barker President & Chief Executive Officer Senior Vice President, Chief Financial Officer & Assistant Secretary Senior Vice President of Operations Services & Assistant Secretary Senior Vice President of Human Resources & Assistant Secretary Senior Vice President, General Counsel, Corporate Compliance Officer & Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Business Development & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Federal Group Operations & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Vice President, Controller, Assistant Financial Officer & Assistant Secretary Kenneth B. Olson Vice President, Treasurer, Assistant Financial Officer & Assistant Secretary Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. L:SI1ARm.COUMLLCORP Coporae UB -002s Mealmunimi l Sthu`, hfia6.2016 C.0 Ay OCCO.12. 13.]6.PWL6oc Page 1 of 2 AUTHORIZATION To ATTEST DOCUMENTS AND AGREEMENTS RESOLVED, that the below listed officers are authorized to attest documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts Jigisha Desai Carlos F. Alegre Philip M. DeCocco M. Craig Hall Kyle T. Larkin Richard M. Rantala James D. Richards Dale A. Swanberg Mathew C. Tyler Richard A. Watts Michael W. Barker Kenneth B. Olson President & Chief Executive Officer Senior Vice President, Chief Financial Officer & Assistant Secretary Senior Vice President of Operations Services & Assistant Secretary Senior Vice President of Human Resources & Assistant Secretary Senior Vice President, General Counsel, Corporate Compliance Officer & Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Business Development & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Senior Vice President, Federal Group Operations & Assistant Secretary Senior Vice President, Group Manager & Assistant Secretary Vice President, Controller, Assistant Financial Officer & Assistant Secretary Vice President, Treasurer, Assistant Financial Officer & Assistant Secretary Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary Kenneth M. Smith Group Counsel & Assistant Secretary Jason M. Jasper Group Counsel & Assistant Secretary Dated: December 14, 2018 L• SHAIIBD.COU MLCORP Caper -ad -0U17 MealngsAn:nl S.Mitc, Resalfainun26111 Cau 1te OCC0.11 13.1! Fiat dm ,• %.1cTIOA/ ▪ 0 6 ATF' COQ -o tisY St• ot • �. • 4., Page 2 of 2 Bond No. 107084948 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned Granite Construction Company AS PRINCIPAL, and Travelers Casualty and Surety Company of America AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of One Million Four Hundred Ninety One Thousand Four Hundred Fifty Six 00/100 dollars ($ 1,491,456.00 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 attorneys 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 9th day of July 2019 NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 Executed In 2 Counterparts 110 Spec. No. 17-12 n the presence of: (Individual Principal) WITNESS: Kenneth B. Olson, Vice President (City/State/Zip Code) Granite Construction Company (Corporate Principal) 1324 South State Street (Business Address) Ukiah, CA 95482 (City/State/Zip Code) igisha Desai, Senior Vice President (Corporate Principal) 1324 South State Street (Business Address) Ukiah, CA 95482 (City/State/Zip Code) NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 111 Spec. No. 17-12 ATTEST: Ashley Stinson, Attorney In Fact The rate of premium on this bond is $ 2.20 Travelers Casualty and Surety Company of America Affix Isabel Barron, Attorney In Fact (Corporate Surety) Corporate 1 Tower Square (Business Address) Hartford, CT 06183 Seal (City/State/Zip Code) per thousand. The total amount of premium charges is $ 3,281.20 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) Jigisha Desai certify that 1 am the of the corporation named as Principal in the foregoing bond; , who signed the said bond on behalf of the Principal, was of said corporation; that I know his signature, and aid bond was duly signed, sealed, 11' f'tWRAF,to for and in ning body.♦`♦a - Affix Corpaa �l Jigisha Desai, Senior Vice President =.0 Senior Vice President that Kenneth B. Olson then Vice President that his signature thereto is genuine; and that s behalf of said corporation by authority of its gov NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 ..tE4��� 112 Spec. No. 17-12 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz ACKNOWLEDGMENT On July 9, 2019 before me, Mariella Flores, Notary Public (insert name and title of the officer) personally appeared Isabel Barron and 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. Signature Mariella Flores, Notary Public (Seal) MARIELLA FLORES COMM. #2249923 z Notary Public - California o Santa Cruz County m My Comm. Fires July_14, 2022 Bond No. 107084948 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Granite Construction Company , AS PRINCIPAL, and Travelers Casualty and Surety Company of America , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of One Million Four Hundred Ninety One Thousand Four Hundred Fifty Six 00/100 dollars ($ 1,491,456.00 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 9th day of July 2019 NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 Executed In 2 Counterparts 113 Spec. No. 17-12 In the presence of: SS: (SEAL) (Individual Principal) iness Address) WITNESS: ATTE, Kenneth B. Olson, Vice President (City/State/Zip Code) tto►►►,�� NomN%* ckr-, ° "P ^//e ' Granite Construction Company13▪ ': (Corporate Principal) q °- 1324 South State Street ,;- �';‘��• � `tfr j ettO‘ (Business Address) Ukiah. CA 95482 (City/State/Zip Code) C gishaSenior Vice President %a•``�1i (Corporate Principal) Affix • "-CO Corporate;, g r C. Seal> G ti ti't,�°yam EF►►► t 6 t t iO" 1324 South State Street (Business Address) Ukiah, CA 95482 (City/State/Zip Code) NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 114 Spec. No. 17-12 ATTEST: Ashley Stinson, Attorney In Fact Travelers Casualty and Surety Company of America jQ \L Affix Isabel Barron, Attorney In Fact (Corporate Surety) Corporate Seal 1 Tower Square (Business Address) Hartford. CT 06183 (City/State/Zip Code) The rate of premium on this bond is $ 2.20 per thousand. The total amount of premium charges is $ 3,281.20 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) Jigisha Desai Senior Vice President that Kenneth B Olson then Vice President that his signature thereto is genuine; behalf of said corporation by authority certify that 1 am the of the corporation named as Principal in the foregoing bond; who signed the said bond on behalf of the Principal, was of said corporation; that I know his signature, and and that said bond was duly signed, sealed rami litteatpd to for and in of its governing body. .�`� Affi,� Co.ot$teat�'� igisha Desai, Senior Vice President 2 sr+ .e c: c NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2 115 Spec. No. 17-12 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz ACKNOWLEDGMENT On July 9, 2019 before me, Mariella Flores, Notary Public (insert name and title of the officer) personally appeared Isabel Barron and Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Mariella Flores, otary Public (Seal) MARIELLA FLORES 1. COMM. #2249923 z Notary Public - California o Santa Cruz County m MMy Comrn. Expires Jult14, 2022 Bond No. 107084948 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, Granite Construction Company as PRINCIPAL and Travelers Casualty and Surety Company of America are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of as SURETY, Seventy Four Thousand Five Hundred Seventy Two and 80/100 Dollars ($ 74,572.80 ), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated for Northwestern Pacific Rail Trail Phase 2 - Specification No. 17-12 WHEREAS, said Contract has been completed, and was approved on the day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this 9th day of July Granite Construction Company BY: Jig Q". Desai, Senior Vice President Principal Travelers Casualty and Surety Company of America BY: AA Isabel Barron, Attorney In Fact (Sea)—unto ��; (Seal) (Seal) Surety Executed In 2 Counterparts r 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz ACKNOWLEDGMENT On July 9, 2019 before me, Mariella Flores, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Mariella Fiore , Notary Public (Seal) MARIELLA FLORES COMM. #2249923 z Notary Public - California o Santa Cruz County m My Comm. Expires JuIy14, 20221 TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ashley Stinson of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. By: - Robert L. Raney, Senior Vice President On this the 3rd day of February. 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. 2021 Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company. and St. Paul Fire and Marine Insurance 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 facsirrrita 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. Hughar, the ur iers'gned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 9th day of July , 2019 Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, p/ease call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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, 2021 r(\oA:.. C. 3„.T&waa* Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 b nding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersignsd, Assistant Secretary of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 9th FtTDA ,.. N. day of July ANO • 2019 cap7pi Kevin E. Hughes, Ass�cretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. P/ease refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached.