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Granite Construction Co Contract public Work Of Improvement - Bid 12302141 - 6-29-23
CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and Granite Construction Company, a California corporation, (Contractor) as follows: 1. Contract Documents. The"Notice inviting Bids,""Instructions to Bidders,""Bid Proposal,"and the"Specifications"including"General Conditions,""Special Conditions,"and"Technical Specifications"for the following: PWO1012 Clean CA Downtown Neighborhood Beautification and Cleanup Project Bid File No. 12302141 copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of Three Million Two Hundred Six Thousand One Hundred Sixteen Dollars and Zero Cents ($3,260 1'l, 6.00) as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages(whether in contract,tort or strict liability, including, but not limited to personal injury,death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials,employees,agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW23 M1-06-I2 DPW PLA DIV I.pdf 1.19 rev 01-22 IN WITNESS WHEREOF,the parties have executed this Contract on the day and year here below written, of which the date of execution by C:;� shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. Granite Construction Company, CITY OF FRES a California corporation a Californi ci c rporation By. By: e a E Nam Jeffrey Wayne Grimm instruction Manager (Type or print written signature.) Department of Public Works Title: Area Manager Dated: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: T;�I�o� ATTEST: TODD STERMER, CMC, MMC City Clerk By: By. 1-13 2 OZ3 Deputy M a C Name:_ Su 5" (Type or print written signature.) No signature of City Attorney required. Standard Title: Document#DPW 23.0 has been used without (If corporation or LLC, CFO, Treasurer, modifi ati❑ s certified by the undersigned. Secretary or Assistant Secretary) By: Debra cGary Dated; Construction Compliance Specialist Department of Public Works City address: City of Fresno Attention:Debra McGary 1721 Van Ness Fresno, CA 93721 DPW 23 0/01-06-12 DPW PLA DIV I.pdf 1.20 rev.01-22 Travelers: 107852334 Premium Included In Performance Bond Federal:K41738030 CNA:30185863 PAYMENT BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS:That Granite Construction Company as Principal(the Principal)and Travelers Casualty and Surety Company of America* as Surety(the Surety')are held and firmly bound onto the City of Fresno(the Obligee)in the just and full sum of Three Million Two Hundred Sixty Thousand One Hundred Sixteen Dollars and Zero Cents($3,260,116.00)lawful money of the United States of America(said sum being equal to 100% under$10M of the estimated amount payable by the terms of the hereinafter described contract),for the payment of which,well and truly to be made,we hereby bind ourselves and ours, and each of our, heirs,executors,administrators, successors, and assigns,jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That WHEREAS,the Principal has been awarded a contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written contract therefor(insert brief description of work of improvement): PWO1012 (Clean CA)Downtown Neighborhood Beautification and Cleanup Project(Bid File No.12302141) NOW,THEREFORE, if the Principal or subcontractors of the Principal shall fail to pay any of the persons named in the Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813, or 1815 of the Labor Code, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to the work and labor,the Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the Obligee in successfully enforcing this obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered.The benefit of this bond shall inure to any of the persons named in Section 9100 of the Civil Code so as to give the right of action to those persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. ,�tlf,ll�l�r� No extension of time granted to `'it gnge,alteration or addition in any of the terms of the contract or any of the contract documents or the work to be fi�ether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder,aril Q$y wai rl ti�lb itany such extension,change,alteration or addition.The Surety,by the execution of this bond,represents an t 't o 1sv been duly executed by the Principal and proper authority,and the Surety hereby waives any defense w& i Ac3ro;%ny failure of the Principal to execute or properly execute this bond ww � In witness whereof,this instrument hagff d I execu , rincipal and the Surety above named,on the 3rd day of July 20 23 > � Granite Construction Company �lrll11111 0% Travelers Casualty and Surety Comfy of America* Isabel Barron—Afforrey In Fact c 1�.��T`k Alf A PRINCIPAL SURETY t *Federal Insurance Company No signature of City Attorney required. APPROVED: The Continental Insurance Company Standard Document#DPW-S 32.0 has been used City Manager,or deJ611g'and Severally Liable without modification,as certified by the undersigned. By: By: - �- Title: Construction Compliance Specialist Title: Principal Risk Analyst _ Department of Public Works 0 ` [ — Date: I DPW-S 32.0/03-2017 DPW PLA DIV I pdf 1.24 rev.01-22 A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz } On July 3, 2023 before me, Mariella Rubio,Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIELLA RUBIO m _�. COMM.#2410765 A xs Notary Public-California °m z Z. Santa Cruz County Cornnt EVM JU 14,- ti Signature (Seal) Mariella Rubio,Notary Public Travelers Casualty and Surety Company of America f 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 Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. 1pa .3yLSY iNO d4 COWL It HOMM, i 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. ; My Commission expires the 30th day of June,2026 �e ,{�G U' rua`w r Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 3rd day of July 2023 t cow VA Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power ofAttomey,please call us at 1-800-421 3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power ofAttorney 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 corporation,WESTCHESTER FIRE INSURANCE COMPANYand ACEAMERICAN INSURANCE COMPANY corporations ofthe 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 TobiTelesco 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 NYY h�avee eeaach executed and attested these presents and affixed their "corporate nseals on this 28 m day of February,2023. Dawn XI.Cllkil•cz;.Assivant Secretary Stephen%l Haney.Vice Pre.-ident OW, - 0 i S STATE OF NEW JERSEY County ofHunterdon SS. On this 28w 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,WESTCHESTER 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 Aftert Contursi NOTARY PUBLIC OF NIM JERSEY No S0202369 aL}G Commission Expires August 22,2027 � Namry resit s 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 on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments ofthe Company entered Into in the ordinary course ofbuslness(each a"Written 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 of the Company,under the seal ofthe Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company,under the seal ofthe Company or otherwise, 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 ofthe Company or otherwise,such Written Commitments ofthe Company as may be specified In such written appointmen4 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 to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments ofthe Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. 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 notlimit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested: 1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (h) the foregoing Power ofAttorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station,NJ,this July 3,2023 0 T-113, D ^s•^' -�' Down 1I ChlOrtN.:\�sislanl Sctira:Ry IN THE.FVENT YOII WISH TO VF.RIFYTHF.AIITHFNTTCM OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT'115 AT: •taro hone 906 903-3493 Fax 9013 903-3656 o-mail:suretvachulbb.00m 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. The Continental Insurance Company b: Paul T.Bruflat Ace 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 swom,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.BENT HOrARY Pueuc 8O nH OANOTA,7V i My Commission Expires March 2,2026 M.Bent Notary Public CERTIFICATE I,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 July 3,2023 The Continental Insurance Company .0 ,• a: W D.Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. 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 be 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.Bruflat,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 251h 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." Travelers: 107852334 Premium Amount$7,172.00 CITY OF FRESNO Federal:K41738030 CNA:30185863 PERFORMANCE BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS:That Granite Construction Company as Principal(the Principal)and Travelers Casualty and Surety Company of America* as Surety(the Surety)are held and firmly bound onto the City of Fresno(the Obligee)in the just and full sum of Three Million Two Hundred Sixty Thousand One Hundred Sixteen Dollars and Zero Cents($3,260,116.00)lawful money of the United States of America (said sum being equal to 100%under$10M of the estimated amount payable by the terms of the hereinafter described contract),for the payment of which,well and truly to be made,we hereby bind ourselves and ours,and each of our,heirs,executors,administrators, successors,and assigns,jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That WHEREAS,the Principal has been awarded a contract for the following described work of improvement and is required by the Obligee to give this bond in connection with the execution of the written contract therefor(insert brief description of work of improvement): PWO1012 (Clean CA)Downtown Neighborhood Beautification and Cleanup Project (Bid File No.12302141) NOW,THEREFORE,if the Principal shall well and truly do and perform each and all of the covenants,conditions,and agreements of said contract on the Principal's part to be done and performed,and any and all alterations thereof made as therein provided,at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, officials, agents, employees and volunteers,as therein stipulated,then this obligation shall be null and void;otherwise,it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by Obligee in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. No extension of time granted to R. t 11 change,alteration or addition in any of the terms of the contract or any of the contract documents or the wo -whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder,kZ �of any such extension,change,alteration or addition.The Surety,by the execution of this bond,represents arpf ,+'� that th b ar,�also been duly executed by the Principal and proper authority,and the Surety hereby waives any defense f¢,s fm re Mf any failure of the Principal to execute or properly execute this bond. LU In witness whereof,this instrument 1405V execprincipal and the Surety above named,on the 3rd day of July XS 2023 y ,.,.•• *4� Granite Construction Company 4,111111110 Travelers Casualty and Surety Company of America* Isabel Barron,Attorney In Fact Scrc�lle7•G1P��n Cl L *Federal Insurance Company SURETY The Continental Insurance Company Jointly and Severally Liable No signature of City Attorney required. APPROVED: Standard Document#DPW-S 22.0 has been used City Manager,or designee without modification,as certified by the undersigned. By: By: Title:_ Construction Compliance Specialist _ Title: Principal Risk Analyst Department of Public Works 1 Y 2 3 Date: V l DPW-S 22.0/03-2017 DPW PLA DIV I pdf 1.24 rev.01-22 A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is ;attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz ) On July 3, 2023 before me, Mariella Rubio, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIt A R11B10 alf* COMM.#2410765 z Notary Public-California oa Santa Cruz County m Caren. J 14 2026 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. }114 y IV A%��'f commm 5K CMK State of Connecticut f By: City of Hartford ss. Robert L.Rane erttor 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. 'i My Commission expires the 30th day of June,2026 "em 0 rua� Anna P.Nowik,Notary Public i This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 3rd day of July 2023 �}q 1W(,k hr�1x Akp C N 1HTrtKGM HnAtFoao, R �E.Hughes,Assistant Secretary Hughes,Assistant Secretary To verify the audbenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this PowerofAttorney is attached. ' HUI 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 corporation,WESTCHESTER FIRE INSURANCE COMPANYand ACEAMERICAN INSURANCE COMPANY corporations ofthe 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 undersuch designation In their names and to affix their corporate seals to and deliver for and on theirbehalfas surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration ofany 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 28Lh day of February,2023. ehltlkek� A,� 0-t_� Rmn 1l Chkxcps.Assistant Secretary Stephen 11.Haney.Vice Pre',ident *gi�) _,,:- 0 (2 T. , - ru *(00190 STATE OF NEW JERSEY County of Hunterdon SS. On this 28th day of February 2023 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,tome known to be 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,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 Bald Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal ti cay Albert Cottturs7 Moxnre. NOTARY PUBLIC OF NEW JERSEY No 50202369 "h+e pit Commission Epims August 22,2027 womrr Public �dc 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 on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments ofthe Company entered into In the ordinary course ofbusiness(each a"Written 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 behalfofthe Company,under the seal ofthe Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal ofthe Company or otherwise, 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 written 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 to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegatlon,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. 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 Resolu lion shall not limit or otherwise affect the exercise of any such power or au thority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies')do hereby certify that (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 ofAttorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station,NJ,this July 3,2023 M, .r l'''••°`` i� D:vIn 11 Chlortt;Assistant Secrclary IN THE EVENTYOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone 9081903.3493 Faxf9081903-3656 e-mail:surety@chubb.com 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. .• ...*'' The Continental Insurance Company Paul T. Bruflat Ace 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. y --M.BENT, )HOWY PURL.IC 0—T SOVTH DAKOTA sEnL r•.�.....v........u......i My Commission Expires March 2,2026 M.Bent Notary Public CERTIFICATE I,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 July 3,2023 �,l ugii The Continental Insurance Company 2� a• 1N�t • '"'°"''�� D.Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. 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 be 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.Bruflat,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 251h 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." Job of File No. PW01012 Bid File No. 12302141 Clay of Name or Title of Job. (Clean CA) Downtown_ Neighborhood ���li Beautification and Cleanur Project rn5-M. . >� Department No.Na FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT 1. Name and Address of Contractor PRIME b(] SUB[ ] Granite Construction Company 2716 Granite Court,Fresno,CA 93706 Yes No 2. Have you established a company-wide employment policy to assure that equal employment opportunity is given to all persons without regard to race,religious creed,color. national origin,ancestry,physical disability,mental disability.medical X condition,marital status,sex,age,sexual orientation or on any other basis prohibited by law? 3. Have you notified all supervisors,foreman and other personnel officers in writing of the contents of the anti-discrimination X clause and their responsibilities under it? 4. Have notices setting forth the provisions of the Fair Employment Practice Section used in City of Fresno Contracts been X posted in conspicuous places available to employees and applicants for employment on this Project? 5. Have each of the Company's employee referrals including unions,employment agencies,advertisements,Department of X Employment,etc.,been notified of the contents of the anti-discrimination clause? 5a. Has this been done in writing? X 6. Has each employee referral advised the Company that it will refer all qualified applicants for employment to the Company without regard to race,religious creed,color,national origin,ancestry,physical disability,mental disability,medical X condition,marital status,sex,age,sexual orientation or on any other basis prohibited by law? 7. Has a collective bargaining agreement or other contract or understanding been made with a labor union(or unions)which X covers the performance of any work or supplying of any materials under this Contract? 7a. Do you operate under an Association Master Labor Agreement? If your answer is'yes",state the name of the Association. X Are copies of those agreements on file with the City? [ ]Yes Q(]No With whom? 7b. If you do not operate under an Association Master Labor Agreement then indicate what steps you have taken to attempt to develop an agreement which will: UCON (1) Spell out responsibilities for nondiscrimination in hiring,referral,upgrading and training. (2) Otherwise implement an affirmative anti-discrimination program in terms of the unions'specific area of skill and geography,to the end that qualified minority workers will be available and given an equal opportunity for employment. In addition,if you have reached such an agreement,attach a copy of the provisions thereof which bear on(1)and(2)above. 8. Have you encountered any opposition to the anti-discrimination clause by individuals,firms or organizations? X If your answer to No. 8 is"Yes",identify the individual,firm or organization and briefly describe the nature of the opposition. 9. Check principal sources DEPT OF EMP. EMP. AGENCIES DIRECT HIRING UNION OTHER for employee referrals. 15. Const. Workers Laborers,Operators.Masons,Teamsters,Carpenters b. Other Workers 10. The following person or persons are responsible for determining whom to hire or whether or not to hire workers on this particular Project: Nathan Hayes,Superintendent QUESTIONS 11 THROUGH 13 TO BE FILLED OUT BY PRIME CONTRACTOR ONLY: 11. Have you awarded any subcontracts for work covered by your Contract? X 12. Have the anti-discrimination provisions been included in each of said subcontracts? X 13. Have all such Subcontractors been instructed to file compliance reports and have they been furnished with report forms? X 14. Dated this 6th day of July ,2023, at Fresno. CA (City and State) 15. 1 declare under penalty of p 'ury undeF4he laws of the State of California that the foregoing is true and correct. Je y rimm.Area Manage DPW PLA DIV I.pdf 1.21 rev.01-22 CERTIFICATE OF LIABILITY INSURANCE 07/07/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(iesy must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #OC36861 1-415-403-1491 CONTACTNAME: SimberlY Leikam - Alliant Insurance Services, Inc. PHONE 415-874-4818 415-403-1491 FAX Ne: E-MAIL kleikam@alliant.com 560 Mission Street, 6th Floor ADDRESS: INSURERS AFFORDINGCOVERAGE NAIC# San Francisco, CA 94105 INSURER A! TRANSPORTATION INS CO 20494 INSURED INSURER : VALLEY FORGE INS CO 20508 Granite Construction Company IMSVRSRC: STEADFAST INS CO 26387 585 West Beach Street INSURERD: _ INSVBER E: Watsonville, CA 95076 INSURERF: COVERAGES CERTIFICATE NUMBER: 69232661 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IHSR TYPE OF INSURANCE AODL SUER POLICY NUMBER MFMIDOl1'Y`rY MMRO]0 EXP LIMITS tTRM. A X COMMERCIAL GENERAL LIABILITY X X �GL2074978689 10/01/20 10/01/23 EACH OCCURRENCE S 2,000,000 CLAIMS-MADE rx] OCCUR PREINISES nrx S 2,000,000 X Contractual Liability MEDEXP(Any one son) $ Nil X XCU Hazards R PERSONAL&ADV INJURY $ 2,000,000 - EVIEWED GENERAL AGGREGATE S 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: G - -- POLICY� PEA � LOC By Megan Trovato at 10:54 am, Jul 07, 2023 PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X BUA2074978692 10/01/20 10/01/23 O�NEDI SINGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY fP0 X Contractua $ UMBRELLA LIAB Ll OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION S _ $ B WORKERS COMPENSATION X WC274978630 (CA) I10/01/22 10/01/23 X STA TE ER TH AND EMPLOYERS'LIABILITY A ANYPROPRIETORIPARTNER/EXECUTIVE - NIA X WC274978644 (AOS/Stop Gap10/01/22 10/01/23 EACH ACCIDENT ; 2,000,000 OFFICERIMEMBEREXCLUDED? 2,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLO S If m.doscribe under 2,000,000 DESCRIPTION OF OPERATIONS befaw E.L.DISEASE.POLICY LIMIT $ C Contractors Pollution Lb. + X X E00506792218 10/01/22 10/01/23 Ea. Occurrence Lmt 5,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Project ID: PWO1012 / (Clean CA) Downtown Neighborhood Beautification and Cleanup Project City of Fresno, its officers, officials, employees, agents and volunteers are included as Additional Insured as required by written and executed agreement per the attached endorsements. Coverage is primary & non-contributory and waivers of subrogation apply. 30 Days Written Notice of Cancellation for Non-Renewal and 10 Days Notice of Cancellation for Non-Payment of Premiums GL Per ISO Form CG0001 10/01; AL Per ISO Form CA0001 10/13 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Construction Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 1721 Van Ness Avenue AUTHORIZED REPRESENTATIVE Fresno, CA 93721 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ttaganap 69232661 SUPPLEMENT TO CERTIFICATE OF INSURANCE o�/DATE o7/zoz3 NAME OF INSURED: Granite Construction Company The named insured reserves its rights to provide any additional coverages under the policies above to only those expressly negotiated for by contract. SUPP(10100) G-140331-D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the"products-completed operations hazard,"and only if: (1) The"written contract"requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the"written contract"specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037(aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85),then in paragraph B.1.above,the words'caused in whole or in part by'are replaced by the words'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the"written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) POLICY#: GL2074978689 Page 1 of 2 EFFECTIVE: 10/01/2020 Copyright,CNA All Rights Reserved G-140331- (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit'; and (4) Tender the defense and indemnity of any claim or "suit"to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract"requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V— DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. .Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or"property damage"; or b. The offense that caused the"personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-D (Ed. 01/13) POLICY#: GL2074978689 Page 2 of 2 EFFECTIVE: 10/01/2020 Copyright,CNA All Rights Reserved THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following. Commercial General Liability Coverage Form Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work"included in the"products completed operations hazard." However,this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ENDT. NO. POLICY NO. ISSUED TO: EFFECTIVE DATE OF THIS ENDORSEMENT: 26 GL 2074978689 Granite Construction Incorporated 10/01/20 CNA (Ed. 1 10/89) (Ed. 89) POLICY NUMBER: GL2074978689 EFFECTIVE: 10/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims),we agree to mail prior written notice of can- cellation or material change to: SCHEDULE 1. Name:Any person or organization you are required by written contractor agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium,the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason,the lesser of: • 60 days or • the number of days required in a written contract G-15115-A Page 1 of 1 (Ed. 10/89) CNA71527XX CNA (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply an a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident"for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX(10/12) Policy No: BUA2074978692 Page 1 of 1 Endorsement No: Effective Date: 10/01/2020 Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Granite Construction Incorporated Endorsement Effective Date: 10/01/2020 SCHEDULE Name(s) Of Person(s)Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Notice of Cancellation or Material Change— Designated Person or Organization This endorsement modifies insurance provided under the following: Business Auto Coverage Form In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1, Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker, 3. Number of days advance notice: For non-payment of premium,the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason,the lesser of: • 60 days or ■ the number of days required in a written contract This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed Complete Only When This Endorsement Is Not Prepared With the PoNcy Or Is Not to be Effective with the Polio ENDT. NO. POLICY NO. ISSUED TO: EFFECTIVE DATE OF THIS Granite Construction Company ENDORSEMENT 19 BUA 2074978692 1010112020 OVA Countersigned by Authorized presenta ive EAlM19BB18 G-39543A G-20472-A ��� (Ed. 10/93) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: For non-payment of premium,the greater of: • the number of days required by state statute or m the number of days required by written contract For any other reason,the lesser of. • 60 days or • the number of days required in a written contract 2. Notice will be mailed to: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. Address: Per Certificates of Insurance on file with the broker This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated (The information below Is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 10-1-22 Policy No,WC274978630 Valley Forge Insurance Company WC274978644 Transportation Insurance Company WC 99 06 06 G-20472-A Page 1 of 1 (Ed 10/93) ��� Workers Compensation And Employers Liability Insurance Policy Endorsement JMNL This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No:WC 2 74978630 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/01/2022 Endorsement No: 6; Page: 1 of 1 Policy Page: 53 of 83 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 ID Copyright CNA All Rights Reserved. C�� Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No:WC 2 74978644 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 10/01/2022 Endorsement No: 32; Page: 1 of 1 Policy Page: 296 of 442 Underwriting Company: Transportation Insurance Company,151 N Franklin St,Chicago,IL 60606 Copyright 1983 National Council on Compensation Insurance. Endorsement# 05 Contractor's Protective Professional Indemnity and Liability Insurance — Amendments ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer l Add'I Prem. Retum Prem._ EOC 5087922-18 10/01/2022 10/01/2023 10/01/2022 52154000 Named Insured and Mailing Address: Producer: GRANITE CONSTRUCTION INCORPORATED ALLIANT INSURANCE SERVICES, INC. P.O. BOX 50085 100 PINE ST FL 11 WATSONVILLE, CA 95077 SAN FRANCISCO, CA 94111-5113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following: Contractors Protective Professional Indemnity and Liability Insurance Policy In consideration of the premium charged, it is hereby agreed that the insurance provided under this policy is amended as follows: 1. Section I. INSURING AGREEMENT is amended by adding the additional Coverage Part as follows: COVERAGE PART C—CONTRACTOR'S POLLUTION LIABILITY A. COVERAGE 1. We will pay on behalf of an "Insured" any "Loss" an "Insured" is legally obligated to pay as a result of "Contractors Pollution Liability Claim(s)"caused by: a. A"Pollution Event(s)"resulting from"Technical Activities"performed by the"Named Insured"or anyone for whom the"Named Insured"is legally responsible; or b. A"Pollution Event"resulting from"Completed Operation(s)"of the"Technical Activities". The "Bodily Injury" or "Property Damage" must occur during the "Policy Period". Progressive, indivisible "Bodily Injury"or"Property Damage"over multiple policy period(s)caused by the same, related or continuous "Pollution Events" shall be deemed to have occurred only in the"Policy Period"of the date of first exposure to the"Pollution Event". If the date of such first exposure is before the effective date of the first"Policy Period"issued to you by us, or can not be determined, but the progressive, indivisible"Bodily Injury" or"Property Damage" continues in fact to exist during the first "Policy Period" issued to you by us, the "Bodily Injury" or"Property Damage"will be deemed to have occurred only on the effective date of such first"Policy Period"to you by us. Notwithstanding the above, this insurance does not apply to "Contractor's Pollution Liability Claim(s)" or Loss(es)" based upon or arising out of any"Contractor's Pollution Liability Claim"or"Loss" covered, in whole or in part, under any valid insurance policy, in force prior to this policy. OR; 2. We will pay on behalf of an "Insured" any "Loss" an "Insured" is legally obligated to pay as a result of "Contractor's Pollution Liability Claim(s)" caused by a "Microbial Event" resulting from either "Technical Activities"performed by the"Named Insured"or anyone for whom the"Named Insured"is legally responsible or from "Completed Operations" of the "Technical Activities" provided that the 'Technical Activities" must commence on or after the"Retroactive Date"and before the end of the"Policy Period"and the"Contractor's STF-CPP-135-D CW(11/10) Page 1 of 7 Pollution Liability Claim"is first made against the"Insured" and reported to us during the"Policy Period", the automatic extended reporting period, or the extended reporting period, if applicable. B. DEFENSE We shall have the right and duty to assume the adjustment, defense and settlement of any"Contractor's Pollution Liability Claim" to which this insurance applies. "Contractor's Pollution Liability Claim Expense" reduces the applicable Limits of Liability set out in the Declarations as described in LIMITS OF LIABILITY section. Our duty to adjust, defend and settle all "Contractor's Pollution Liability Claims" to which this endorsement applies, pending and future, ends when the applicable Limits of Liability have been tendered into court or exhausted by payment of "Contractor's Pollution Liability Claim Expense(s)"or"Loss(es)". 2. Section II. DEFINITIONS is amended as follows: Solely with respect to COVERAGE PART C, the following definitions shall apply: A. "Automobile"means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any machinery or apparatus attached thereto. B. "Bodily Injury" means physical injury, sickness, disease, death, mental anguish or emotional distress suffered by any person. C. "Claim" means"Contractor's Pollution Liability Claim". D. "Cleanup costs"means the necessary expenses incurred in the investigation, removal, remediation, neutralization or immobilization of contaminated soil, surface water, groundwater, or other contamination resulting from a "Pollution Event"or a"Microbial Event". To the extent that real or personal property not owned by the "Insured(s)" is directly damaged during the investigation, removal, remediation, neutralization or immobilization of contaminated soil, surface water, groundwater, or other contamination resulting from a "Pollution Event" or a"Microbial Event", this policy will pay the expenses necessary to repair, replace, or restore such damaged real or personal property to substantially the same condition it was in prior to being so damaged provided that any such expenses shall, in no event, exceed the fair market value of such property prior to being damaged and further provided that such expenses shall not include expenses associated with improvements or betterments, including, but not limited to upgrades necessary to achieve building code compliance. E. "Contractor's Pollution Liability Claim" or "Contractor's Pollution Liability Claims " means any demand or notice received by an "Insured" alleging liability or responsibility on the part of an "Insured" for "Losses" because of a "Pollution Event" or "Microbial Event" resulting from "Technical Activities" or "Completed Operations of the "Technical Activities." F. "Contractor's Pollution Liability Claim Expense" means"Claim Expense"as defined in this policy. G. "Completed Operation(s)" coverage begins when the job is completed and includes all "Bodily Injury" and "Property Damage(s)" occurring away from the premises owned or rented by the "Insured" and arising out of "Technical Activities" that have been completed or "Technical Activities" that have not been abandoned. "Technical Activities"will be deemed completed at the earliest of the following times: 1. When all the"Technical Activities"called for in the contract have been completed; or 2. When all the"Technical Activities"to be done at one or more sites have been completed if the contract calls for"Technical Activities"at more than one site; or 3. When that part of the 'Technical Activities" at any site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. "Technical Activities" that may need service, maintenance, correction, repair or replacement, but which are otherwise complete, will be deemed complete. H. "Hazardous Materials" means any petroleum, petroleum products, polychlorinated biphenyls, explosives, reactive materials, ignitable materials, corrosive materials and any hazardous, toxic, radioactive and infectious materials, substances, chemicals or wastes, together with any other substances designated as hazardous substances or hazardous materials by federal, state or municipal laws, statutes or ordinances, including rules, administrative or judicial orders, directives or policies. STF-CPP-135-D CW(11/10) Page 2 of 7 I. "Hazardous Materials Facility"means any site, location or premises,or any part of any site, location or premises, on which "Hazardous Materials", wastes or pollutants are stored, treated, processed, recycled or disposed other than those sites at which "Technical Activities"are being performed. J. "Insured"has the meaning stated in the policy, and solely as to Coverage Part C shall also include the following: 1. your clients but only: a. when required by written contract executed and effective before the"Technical Activities"; and b. with respect to"Technical Activities"and "Completed Operations(s)"of the"Technical Activities"; and c. for those amounts required by written contract not to exceed the Limits of Liability of this policy; or 2. any other person or entity endorsed on this policy as an "Insured". K. "Loss(es)" means: 1. compensatory damages or legal obligations arising from; a. "Bodily Injury"; b. "Property Damage"; 2. and related"Contractor's Pollution Liability Claim Expense". L. "Microbial Event" means any "Loss" caused directly or indirectly, by: 1. any "Fungus(i)" or"Spore(s)", or 2. any substance, vapor or gas produced by or arising out of any "Fungus(i)" or "Spore(s)". For the purpose of this definition, the following definitions are added: 1. "Fungus(i)" includes, but is not limited to: a. any form or type of mold, mushroom or mildew; b. any other fungal structure; and c. any volatile organic compounds, mycotoxins, allergenic proteins or other substances or gases produced by or arising out of any mold, mushroom, mildew, fungal structure or"Spore(s)". 2. "Spore(s)" means any reproductive body produced by or arising out of any"Fungus(i)". M. "Named Insured" has the meaning stated in the policy at Section II. DEFINITIONS, J. N. "Natural Resource Damage" means physical injury to or destruction of, including the resulting loss of value of land, fish, wildlife, biota, air,water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et. seq.)), any state or local government, any foreign government, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. O. "Policy Period" means the period set forth in the Declaration, or any shorter period arising as a result of termination of the policy. P. "Pollution Event" means the discharge, dispersal, release, or escape of any solid, liquid, gaseous or thermal irritant, contaminant or pollutant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Q. "Property Damage" has the meaning stated in the policy and solely as to Coverage Part C shall also include the following; 1. "Cleanup Costs"; and 2. "Natural Resource Damage". R. "Retroactive Date" means the date set forth in the Declarations or attached Endorsement, and the earliest date a "Technical Activity" can commence for coverage to be provided under the claims made portion of this policy. S. "Technical Activities" means construction work and other non-professional services. STF-CPP-135-D CW(11/10) Page 3 of 7 Endorsement#21 Coverage Part C - Primary When required by Z U RICH Written Contract Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'I Prem. Return Prem. EOC 5087922-18 10/01/2022 10/01/2023 10/01/2022 52154000 ----- Named Insured and Mailing Address: Producer: GRANITE CONSTRUCTION INCORPORATED ALLIANT INSURANCE SERVICES INC. P.O. BOX 50085 100 PINE ST, FL 11 WATSONVILLE, CA 95077 SAN FRANCISCO, CA 94111-5113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following: Contractor's Protective Professional Indemnity and Liability Insurance Policy In consideration of the premium charged, it is hereby understood and agreed Section VII. CONDITIONS, Item J. OTHER INSURANCE is amended by adding the following: 4. Soley as respects Coverage Part C, Contractor's Pollution Liability and only when required by written contract,this insurance shall apply as primary/non-contributory. All other terms and conditions remain unchanged. STF-CPP-140-A CW (01/10) Page 1 of 1 Endorsement# 09 ' n Amendment To Waiver Of Subrogation Clies and t Others Where Required By Contract Z U RICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End_ Producer Add'I Prem Return Prem.Policy EOC 5087922-18 10/01/2022 10/01/2023 10/01/2022 52154000 ___--- ----- Named Insured and Mailing Address: Producer: GRANITE CONSTRUCTION INCORPORATED ALLIANT INSURANCE SERVICES, INC. P.O. BOX 50085 100 PINE ST FL 11 WATSONVILLE, CA 95077 SAN FRANCISCO, CA 94111-5113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Contractor's Protective Professional Indemnity and Liability Insurance Policy In consideration of the premium charged, it is hereby understood and agreed that Section VII. CONDITIONS, paragraph N. is deleted and replaced by the following: N. SUBROGATION AND TRANSFER OF RIGHTS OF RECOVERY If we make any payment under this policy, we shall be subrogated to all your rights against any person or organization, including the right to participate with the "Insured" in the exercise of all the "Insured's" rights of recovery. You shall execute and deliver instruments and papers to us and do whatever else is necessary to secure such rights. With respect to a "Protective Indemnity Claim", this includes a written transfer to us of any assignment(s)of rights obtained under Section V. CLAIM PROVISIONS, B. PROTECTIVE INDEMNITY CLAIM PROVISIONS, paragraph 1.B. if the "Insured" has elected not to pursue same in furtherance of its "Protective Indemnity Claim". An"Insured"shall do nothing to prejudice such rights as described in this paragraph. We shall not exercise any such rights against any persons, firms, or corporations included in the definition of an "Insured" or against any entity other than a "Design Professional" if, prior to a "Claim", a waiver of subrogation was so required and accepted under a specific contractual undertaking by you. Any recovery obtained through subrogation, after expenses incurred in such subrogation are deducted by the party bearing the expense, reimbursement will be made in the following order: 1. First, to any interest who has paid any amount in excess of the Limit of Liability provided under this policy; 2. next, to us; and' 3. then to any interest as are entitled to claim the remainder, if any. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-CPP-144-A CW(04110) Page 1 of 1