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HomeMy WebLinkAboutGranite Construction Company 2024-05-16COU No. 2324-207 CITY OF UKIAH Mendocino County, California AGREEMENT FOR GREAT REDWOOD TRIAL PHASE 4 Specification No. 21-02 THIS AGREEMENT, made this 16th day of May , 20 24 . by and between the City of Ukiah, Mendocino County, Califomia, 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 TWENTY (120) working days. Contract days shall be counted starting with the 101h 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 GREAT REDWOOD TRAIL PHASE 4 1 N Spec. No. 21-02 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 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 GREAT REDWOOD TRAIL PHASE 4 11D Spec. No. 2"2 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) 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 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. Wilfully 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. GREAT REDWOOD TRAIL PHASE 4 111 Spec, No. 21-02 (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 12, Addenda 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 +f Z %ay of C-6EAj W 20 . CITY OF UKIAH, MENDOC By: IT MA E Attest: _ CITY ULERK By: ^.O (TRACTOR COUNTY, CALIFORNIA Brent F - VP Regional Operations Attest: C 4U k .4Gc- Chelsea M. Alameda - Title: Sr. Operations Finance Manager The forego' g contract approved as to form and legality this day of�l ,n .0 20 . Cn��09XEY, CITY OF UKIAH GREAT REDWOOD TRAIL PHASE 4 112 Spec. No. 21-02 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on May 16 by and between the City of Ukiah (Ukiah) and Granite Construction Company Contractor is performing work as per Specification 21-02 Great Redwood Trail Phase 4 for Ukiah. _, 20 24, (Contractor). 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 indemnity 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. CONTRACTOR By; Brent Fogg TITLE: VP Regional Operations GREAT REDWOOD TRAIL PHASE 4 113 Spec. No. 21-02 RAMTE Granite Consftdlon Company Lis! of O(floars PLaddN"T.ef ol "ExWAOMOfficer Executive Vice President Chief Financial Officer Curtis Efisebeth L. Assistant Secrelar Exewtive Moe President Y Chief Operating Officer Radic}r Jwnes A. Assistant Secrete Senior Vice President of Corporate Finanoe Treasurer Craig,VJ K. Assistant Secrete Ser114r Vine President Construction Dowd Brian R. Assistant Secretary Nor Vice President Material$ Estes J. Assistant Secretar Senior Vice President Human Resources Gruber Tlm W Assistant Secrete nior Vise Rant General Counsel Corporate Compliance Officer Hall M Cneg Secreta� Senior Vice President Corwb uc#on Talusiro Nctwal G. Assistant Serretar Senior Vice President Construction Williams Bradley J. AssistantSecreta• Senor VIM President Chief Accounting Officer Wool Sted M. Assistant Secrete Vice President Barker WK*wl W. Investor Reiations Vice President Nickerson James D. Assistant Secrreta. Hies President Tax Blad&xn Mcholas B. Assistant Secretary Deputy General Counsel Murray, L Assistant Secrete Associate General Counsel Operations Smith Kemeth M. Assistant Secretar, Associate General Counse' Operations Jasrmt. Jason M Assistant Secrete r Assistant Secrete Clark Clinton R. Burford Todd N. Assistant Serretai Grardte Constriction I )crated Parent Updated February 2024 Appendix Page t of S GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY REsoLvED, that, effective April 9, 2024 through December 31, 2024, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed S75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that, effective April 9, 2024 through December 31, 2024, the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper documents necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company in excess of $75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLvED FURTHER, that, effective April 9, 2024 through December 31, 2024, the individuals named on the attached Exhibit 1 and Exhibit 2 are authorized to negotiate, execute and/or attest electronic and paper construction contract documents prepared and submitted on behalf of the Company relating to domestic construction projects arising out of the Company's operations. REsoLvED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures, and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. I, M. Craig Hall, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation {the "Company"l, do hereby certify that the following is a true and correct copy of resolutions duly adopted effective April 22, 2024 by a Unanimous Written Consent of the Board of Directors in accordance with the provisions of Article HL Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolutions adopted have not been repealed and are still in full force and effect: Dated: April 22, 2024 _ M. Hall EXHIBIT 1 AUTHORIZED SIGNERS Granite Construction Company Coastal Region Bay Area/Monterey Bay Area/North Coast Area AUTHORIZED SIGNERS Brent Fogg, VP Coastal Region Ian Firth, District VP Chelsea M. Alameda, Sr. Operations Finance Manager Justin Ingram, Region/Division Project Executive Pennington B. Shortes, Regional Project Executive Steven C. Kaesler, Construction Manager III John G. Boies, Chief Estimator III Matthew J. Storm, Construction Manager Brian D. Hussar, Construction Manager Darren L. Hiatt, Construction Manager Patrick K. Amaris, Private Works Manager Terry D. Richards, Senior Estimator ATTESTORS Brent Fogg, VP Coastal Region Ian Firth, District VP Chelsea M. Alameda, Sr. Operations Finance Manager Justin Ingram, Region/Division Project Executive Pennington B. Shortes, Regional Project Executive Steven C. Kaesler, Construction Manager III John Boies, Chief Estimator III Matthew J. Storm, Construction Manager Brian D. Hussar, Construction Manager Darren L. Hiatt, Construction Manager Patrick K. Amaris, Private Works Manager Jason Woelbing, Operations Finance Manager Terry D. Richards, Senior Estimator Patricia A. Arnett, Estimating Assistant Teresa Rothney, Estimating Assistant Jenni McKenzie, Subcontracts Adnmin EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company AUTHORIZED SIGNERS Kyle T. Larkin, President & CEO Elizabeth L. Curtis, Executive Vice President James A. Radich, Executive Vice President & Chief Operating Officer Brian R. Dowd, Senior Vice President Michael G. Tatusko, Senior Vice President Bradley J. Williams, Senior Vice President Bradley J. Estes, Senior Vice President CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No, Travelers:107975006, Federal:K41839703, CNA:30204289 KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the "City") has awarded to Granite Construction Company , (hereinafter referred to as the °Contractor) an agreement for Contract No. 71-02 (hereinafter referred to as the "Project). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated 5-16-24 , (hereinafter referred to, together with all attachments and exhibits thereto, as `Contract Documents'), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Granite Construction Company , the undersigned Contractor and Travelers Casuallv_and_Suretv_Comoanv of America*, SS Surety, a corporation organized and duly authorized to transact business under the laws of the State of California. are held firmly bound until the City in the sum of Tf. MAIl-0-14whedSe IyNrcTho.JTlacc10V;000AJ—($3,179,369.10), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants: conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specked therefore, there shall be included costs and reasonable expenses and fees including reasonable attomeys' fees, incurred by the City in enforcing such obligation As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's GREAT REDWOOD TRAIL PHASE 4 114 Spec. No. 21-02 obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: I. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term 'balance of the contract price' as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. III. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term 'balance of the contract price' as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor In completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] GREAT REDWOOD TRAIL PHASE 4 115 Spec. No. 21-02 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2lst day of _ May 2024. (Corporate Seal) Granite Construction Comaan SURE ... • (Corpor, 7 J; .. HARTFORC $4.50 is $_ 14.307.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM, Any claims under this bond may be addressed to; (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in Califomia, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) GRPAT REDWOOD TRAEL PHASE 4 Contractor/Princip By rent Fogg Title VP Regional Operations Travelers Casualty and Surety Company of America* Byrety Attorney -in -Fact Title Isabel Barron_ Attorney In Fact per thousand. The total amount of premium charges Travelers Casualty and Surety Company of America* Hartford, CT 06183*** I Tower Square Alliant Insurance Services, Inc. 560 Mission Street, 6th Floor San Francisco, 4105 (415)403-1427 116 *Federal Insurance Company The Continental Insurance Company Jointly and Severally Liable *:Indiana, Pennsylvania, respectively —Whitehouse Station, NJ, Chicago, IL, respectively Spec_ No 21-02 A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached_ and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz On May 21, 2024 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Mariella Rubio, Notary Public (Seal) 461hly MARIELLA RUBIO COMM. 02410766 Notary Public - California Santa Cruz County Cam14,2M61 CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. Travelers:107975006, Federal:K41839703, CNA:30204289 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to Granite Construction Company ('Contractor/Principal") a contract (City Agreement No. 21-02 , dated 5-16-24 referred to as the "Agreement") for the work described as Great Redwood Trail Ph. 4 . The Agreement is incorporated by this reference into this Payment Bond ("Bond"); and WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we Granite Construction Company the undersigned Contractor/Principal, and T-,a-c--wi) -d -u .,—P"efAmerira•(•Surety"), a corporation organized and existing under the laws of the State of Cnnnecrlcur*w , and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $ 3,179,369,10 for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attomeys' fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of GREAT REDWOOD TRAIL PHASE 4 117 Spec. No. 21-02 time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. Any notice to Surety may be given in the manner specked in the Agreement and delivered or transmitted to Surety as follows: Attn: Travelers Casualty and Surety Company of America* Address: I Tower Square City/Statetzip: Hartford, CT 06183*** Phone:860-277-8170 Fax:-N.-'A jamoore2@travelers.com IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the 21. day of May-- - _ 2024 . .._ Granite Construction _Co_m_ pany (SEAL) ContractodPrinci I B-- nt Fogg - VP Regional Operations Contractor's A60sentative 1324 S. SUate Street Contraator;Principal's Address Ukiart, CA 95482 City,State,Zip Travelers Casualty and Surety Company of America SEAL) Surety By_ - Isabel Barron, Attorney In Fact Surety's Representative 1 Tower Square Surety's Address Hartford, CT 06183*** FY,state,zip 860-277-8170 Telephone Number 0 Jam: • , � co') HARTFORD, = ^ �uc� N. CONN. :o E 4 . $. S NOTE: Signatures of those executing for Surety must be property acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond A copy of such Power of Attorney must be in file with the City. GREAT REDWOOD TRAIL PHASE 4 118 Spec, No. 21-02 •Federal Insurance Company The Continental Insurance Company Jointly and Severally Liable ••Indiana, Pennsylvania. respectively •••Whitehouse Station. NJ. Chicago, IL respectively A notary public or other officer completing this certificate venfies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Santa Cruz ] On May 21, 2024 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Marietta Rubio, Notary Public (Seal) NARIELLA RUBIO COMM. N2410765 Notary Public - Callfemia Santa Cruz County my Caren &Nbr A4146 CITY OF UKIAH Bond No's Travelers: 107975006 Federal. K41839703 CNA 30204299 Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP IMAINTENANCEI BOND KNOW ALL MEN BY THESE PRESENTS, That we, Granite Construction Company as PRINCIPAL and Travelers Casualty and Surety Company of America* as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of One Hundred Fifty Eight Thousand Nine Hundred Sixty Eight and 46/100 Dollars ($158,968.46 } (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 05/16/2024 for 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 addftional 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 21st day of May A 2024 Granite Construction Company (Seal) (Seal) Brent Fogg - VP Regional Operations (Seal) Travelers Casualty and Surety Company of America* (Seal) ...�� (Seal) Isabel Barron, Attorney In Fact �o ,.'. . Surety <. HARTFORD, Ln CONN. a �� ,a�• 1 GREAT REDWOOD TRAIL PHASE 4 121 6`�i �� : Spec. No. 21-02 1.......... A,`1 •Federal Insurance Company 1l1111*111SIVVtiThe Continental Insurance Company Jointly and Severally Liable ••Indiana, Pennsylvania, respectively •••Whitehouse Station, NJ, Chicago, IL. respectively A notary public or other officer completing this certificate verifies only the identity ofthe individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or.vandity of that document. State of California County of Santa Cruz ) On May 21, 2024 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIELLA RUBIo COMM. #2410765 Olkly Notary Public - Califomle Santa Cruz County Cottrn 14 2[126 Signature � (Seal} Mariella Rubio, Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS 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 Attorneys) -in -Fact to sign. execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021, V►why µrIf d1 COOK$0j y State of Connecticut By City of Hartford ss. Robert L Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF, I hereunto set my hand and official seal. ^"-0-%W My Commission expires the 30th day of June, 2026 .40 * Anna P. Nowik, Notary Pub'.ic This Power of Attorney is granted under and by the authority of the following resolutions adopted by thy- B:iards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-irr Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21 st day of May . 2024 .Mw41y •inure t wur<roeo, ' �' w.autt 4 a Kevin E. Hughes, Assi tant Secretary ro verify the authentidty ofth/s Po&v erofAttorney, please call in at 1 800-42i 3880. Please refer to the above -named Attorneys) -in Fact and the detalls of We bond to which th/s PowerofAttorney Is attached. CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY. a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin torpor atio n, WESTCN ESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Isabel Barron, John D. Gilliland, Maria Gomez, Roberto J. Rivera -Rodriquez, Mariela Rubio, Ashley Stinson and Tobi Telesco of Watsonville, California --------- ------------ ------------------- —------------ ------------------------------------------------------- ----- ------..-----.--------- each as their true and lawful Attorney -In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 28a day of February, 2023. itivrn %1 I:hkEttc.,lasistantSttitty:tly --r. �r•. it ,. STATE OF NEW JERSEY County of Hunterdon .Stgtihm %J. [Im y. Vice Pre4dtni mil• On this 28u day of February 2023 before me, a Notary Public of New Jersey, personally came Dawn M Chloros and Stephen M Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCH ESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know 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 said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal a AIWR Carlelw/i NOTARY ,LOOK OF NEW JERSEY No S021102-369 Caermissit n Ems AupLst 22.2027 Rat ry pume: CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20.2009: "RESOLVED, that the following authorizations relate to the execution, for and an behalf of the Company, of bonds, undertaldngs, recognizances, contracts and other written commitments of the Company entered into In the ordinary course of business (each a'Wrltten Commitment'): (1) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company, under the seal of the Company or otherwise (2) Each dulyappointed attorney -In -fact of the Company is hereby authorized to execute any Written Commitment forand on behalf of theCompany, under the seal oflhe Company orotherwise, to the extent that such action is authorized by the grant of powers provided for In such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company. to appoint In writing any person the attorney -in - fact of the Company With full power and authority to execute, for and on behalfofthe Company, under the seal of the Company or otherwise, such Written Commitments ofthe Company as may be specified in such wrinen appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority toexecute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments oflheCompanyasare specified insuchwritten delegation, which specification may be by general type or class of Written Commitments or by specification ofoneormore particular Written Commitments. (S) The signature of any officer or other person executing any Written Commitment or appointment Or delegation pursuant to this Resolution, and the seal or the Company, may be affixed by facsimile on such Written Commilmentor written appointment ordelegatlon. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limilar otherwise affect the exercise orany such poweror authority othemise valldlygranted or vested.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER F COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies) do hereby certify that �a NC (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect 0 Given under my hand and seals of said Companies at Whitehouse Station, NJ, this May 21, 2024 'Ta. Itiv:n %I.ChkirtK.,V%49anl SLvri-1.9 IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OFTHIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Telephone 908 903-3493 Fax 906 903-3656 e-mail; sure @chubb.mm Combined: FED VIG-PI-WFIC-AAIC(rev 11-19) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John D Gilliland, Jigisha Desai, Ashley Stinson, Tobi Stonich Telesco, Isabel Barron, Roberto J Rivera -Rodriguez, Maria Gomez, Mariela Rubio, Individually of Watsonville, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of June, 2021. •;�j)it�'• •• The Continental Insurance Company RL S .' ■r • • age Paul T. Bruflat Xice President State of South Dakota, County of Minnehaha, ss: On this 22nd day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. ♦M•\MM.NMMMIMNM } M. BENT •ff wvwar nreuc sourH o�wva� My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE 1, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this May 21, 2024 The Continental Insurance Company D.Johnson Form F6850-412012 Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Page I of 2 Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will he provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T. Brutlat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251' day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Page 2 of 2