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19-150 Granite Construction Company, Byrne Ave Sidewalk ImprovementsContract This public works contract("Contract") is entered into by and between the City of Cupertino City"), a municipal corporation, and GRANITE CONSTRUCTION COMPANY Contractor"), for work on the BYRNE AVENUE SIDEWALK IMPROVEMENTS ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On August 20, 2019, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. Th Contract Documents incorporated into this. ontract include ndarecomprisedofallofthedocumentslistedbelow. The definitions provided in Article 1 0TtheGeneralConditionsapplytoalloftheContractDocuments, including this Contract: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, and Performance Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following: No other documents 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor$1,853,984.00 ("Contract Price")for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project within 120 calendar days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of$1500 per day for each day of BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 26 unexcused delay in completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance, 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers'compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Pursuant to Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City("City Representative") may have, maintain, or acquire a"financial interest" in the Contract, as that term is defined under the Political Reform Act Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or requirement while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 27 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery.. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: John Raaymakers Email: JohnRacupertino.org Copy to: MichaelZ(a.cupertino.org Contractor: Name: Granite Construction Company Address: 715 Comstock Street City/State/Zip: Santa Clara, CA 95054 Phone: (408) 327-7000 Attn: Haley Schwartz Email: Haley.Schwartz@gcinc.com Copyto: Steve.Kaesler@gcinc.com 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedures Section 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 28 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code§2200 et seq. (the"Act'), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. Signatures are on the following page.] BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 29 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR GRANITE CONSTRUCTION CITY OF CUPERTINO COMP A Municipal Cpdfion By By Name Kenneth B. Olson Roger Lee ClicTitleVicePresidentDirectorofPy WoJksDate08/22/19 Dat By Name See Attached Certificate of Secretary Title Date tl{111//APPROVED AS TO FORM: g e lrf:'GQ R9r,2 . y c`•. n+ Heather Minner Z: At i O — City Attorney Jan.4, i922 Date c'•:' Nip;•-a FOR. • ATTEST: 9, Grace Schmidt City Clerk 01 Date Contract Amount: P.O. No. Account No. END OF CONTRACT BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 30 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR GRANITE CONSTRUCTION CITY OF CUPERTINO COMP A Municipal Corporation By By c s j•vim —W ..' Name Kennedi B.Olson Roger Lee Title Vice President Director of PubclWoks Date 08/22/19 Date By Name See Attached Certificate of Secretary Title Date gTRUf i APPRO ED AS TO FORM: O' t^T ., Q:, pRl'0 By. h- • rc<`pn Heather Minner z i O= City Attorney i an.4, f922 J i Date L ATTEST: Grace Schmidt I City Clerk Date Contract Amount: P.O. No. Account No. END OF CONTRACT i BYRNE AVE SIDEWALK IMPROVEMENTS CONTRACT PROJ. NO. 2016-10 Page 30 Bond No. 107124956 Premium Included In Performance Bond Payment Bond The City of Cupertino ("City") and Granite Construction Company ("Contractor") have entered into a contract, dated 2019 ("Contract") for work on the BYRNE AVENUE SIDEWALK IMPROVEMENTS ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Travelers CaRlalty and Surety Conmany of America, its surety ("Surety"), are bound to City as obligee in an amount not less than 1,853,984.00 under California Civil Code sections 9550, et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Travelers Casualty and Sure1y Company of America Address: 1 Tnwer Qwinra City/State/Zip: Hartford,CT 06183 Phone: (860)277-1914 Fax: Email: 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. BYRNE AVE SIDEWALK IMPROVEMENTS PAYMENT BOND PROJ. NO. 2016-10 Page 31 7. Effective Date; Execution. This Bond is entered into and is effective on August 22 2019. SURETY: Travelers Casualty and Surety Company of America Business Name s/W Isabel Barron,Attorney In Fact Name/Title Date. 08/22/19 Attach Acknowledgment with Surety's Notary Seal and Power of Attorney.) CONTRACTOR: Granite Construction Company Busines s/ Kenneth B. Olson,Vice President Name/Title Date: 08/22/19 t%%111 1 pre10i 2: s/ See Attached Certificate of Secret a :n- F- _ r 4: O cCotvim Name/Title END OF PAYMENT BOND BYRNE AVE SIDEWALK IMPROVEMENTS PAYMENT BOND PROJ. NO. 2016-10 Page 32 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 validity of that document. State of California County of Santa Cruz On August 22, 2019 before me, Mariella Flores,Notary Public insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FLORES WITNESS my hand and official seal. QMX MAMM. # 24992wCOMM. #2249923 z o Notary Public-California oSantaCruzCountym Comm.Expires Jul 14,2022 Signature Seal) Mariella ffor otary Public Bond No. 107124956 Premium Included In Performance Bond Performance Bond The City of Cupertino ("City") and Granite Construction Company ("Contractor") have entered into a contract, dated 2019 ("Contract")for work on the BYRNE AVENUE SIDEWALK IMPROVEMENTS ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Trayelers Casnalty and Surety company of America its surety ("Surety"), are bound to City as obligee for an amount not less than 1 953,994.00 to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligations. Surety's obligations are co-extensive with Contractor's obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. BYRNE AVE SIDEWALK IMPROVEMENTS PERFORMANCE BOND PROJ. NO. 2016-10 Page 33 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: Travelers Casualty and Surety Company of America Address: 1 Tower Square City/State/Zip: Hartford,CT 06183 Phone: (860)277-1914 Fax: Email: 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys'fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on August 22 , 2019. SURETY: Travelers Casualty and Surety Company of America Bu 77LAs/ Isabel Barron,Attorney In Fact Name/Title [print] Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Granite Construction Company Business am s/ Kenneth B. Olson,Vice President Name/Title Date: 08/22/19 X%J%%I1 t f JFIPf s/ See Attached Certificate of Secretary ro Name/Title 0% 1: Date: END OF PERFORMANCE BOND BYRNE AVE SIDEWALK IMPROVEMENTS PERFORMANCE BOND PROJ. NO. 2016-10 Page 34 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 August 22, 2019 before me, Mariella Flores, Notary Public insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. QMX MARIELLA FLORESWITNESSmyhandandofficialseal. COMM. #2249923 z p Notary Public-California ozSantaCruzCountymComm.Expires Jul 14,2322 Signature Seal) Mariella Flores,Wotary Public GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY I,M. Craig Hall, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation(the "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted and effective December 13, 2018 by a regular meeting of the Executive Committee of the Board of Directors in accordance with the provisions of Article III, Section 15 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolutions adopted have not been repealed and are still in full force and effect: AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS RESOLVED,that the below listed officers are authorized to execute and deliver on behalf of the Company all documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts President&Chief Executive Officer Jigisha Desai Senior Vice President, Chief Financial Officer&Assistant Secretary Carlos F. Alegre Senior Vice President of Operations Services &Assistant Secretary Philip M. DeCocco Senior Vice President of Human Resources & Assistant Secretary M. Craig Hall Senior Vice President, General Counsel, Corporate Compliance Officer& Secretary Kyle T. Larkin Senior Vice President, Group Manager&Assistant Secretary Richard M. Rantala Senior Vice President, Business Development &Assistant Secretary James D. Richards Senior Vice President, Group Manager&Assistant Secretary Dale A. Swanberg Senior Vice President, Group Manager&Assistant Secretary Mathew C. Tyler Senior Vice President, Federal Group Operations &Assistant Secretary Richard A. Watts Senior Vice President, Group Manager&Assistant Secretary Michael W. Barker Vice President, Controller, Assistant Financial Officer&Assistant Secretary Kenneth B. Olson Vice President, Treasurer,Assistant Financial Officer&Assistant Secretary Nicholas B. Blackburn Director of Corporate Taxation&Assistant Secretary RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. Page I of 2 L:513ARFD.000,ALLCORP Ccriwntc lip-0025 MaaLpvl—1 Sul-kperyRwhtlimrts`201p'CW Ov GCC0.12.13.I B.FIaa4doc AUTHORIZATION TO ATTEST DOCUMENTS AND AGREEMENTS RESOLVED,that the below listed officers are authorized to attest documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts President&Chief Executive Officer Jigisha Desai Senior Vice President, Chief Financial Officer&Assistant Secretary Carlos F. Alegre Senior Vice President of Operations Services&Assistant Secretary Philip M. DeCocco Senior Vice President of Human Resources&Assistant Secretary M. Craig Hall Senior Vice President,General Counsel, Corporate Compliance Officer& Secretary Kyle T.Larkin Senior Vice President,Group Manager&Assistant Secretary Richard M.Rantala Senior Vice President,Business Development&Assistant Secretary James D. Richards Senior Vice President, Getup Manager&Assistant Secretary Dale A. Swanberg Senior Vice President, Group Manager&Assistant Secretary Mathew C. Tyler Senior Vice President,Federal Group Operations&Assistant Secretary Richard A. Watts Senior Vice President,Group Manager&Assistant Secretary Michael W.Barker Vice President, Controller,Assistant Financial Officer&Assistant Secretary Kenneth B. Olson Vice President,Treasurer,Assistant Financial Officer&Assistant Secretary Nicholas B.Blackburn Director of Corporate Taxation&Assistant Secretary Kenneth M. Smith Group Counsel &Assistant Secretary Jason M.Jasper Group Counsel&Assistant Secretary Dated: December 14,2018 4, M. Crai all vGTIOAf g 0 lot%o Z 2,••.CALIF Page 2 of 2 usHM.MUAU,C0UMMnWdn14=53aadW*=WMdffiaykaahi WOGItcanArOOCo.1113.33tmdAX Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the Companies"),and that the Companies do hereby make,constitute and appoint Isabel Barron of WATSONVILLE California their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. IV A IM FORD,I+ DNN. f Q a MARfFORD, QpMGA3E( N., y y f >bbl • nil° t fS }. State of Connecticut By: City of Hartford ss. Robert L. Raney,Seftior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.pT My Commission expires the 30th day of June,2021 w A4 py to * Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed (under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marne Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 22nd day of August y2A0'i9 i! @ FNRrF RFOR D O .CONN CN, 9o CCp'1t fIVAL 41 Kevin E. Hughes,Assi tant Secretary To verify;he authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-n,armed Attorney-in-Pact and the details of the bond to which the power is attached. Bid Proposal BYRNE AVE SIDEWALK IMPROVEMENT Granite Construction Company Bidder") hereby submits this Bid Proposal to the City of Cupertino("City")for the above-referenced project(`Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents,within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, axes, insurance and all overhead for the following price("Base Bid"): 1! $53 'c1 $4. oa 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: 01 7-12-1.9 04 7-25-19 02 7-17-19 05 03 7-2.3-19 06 3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder,with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the work to be performed in accordance with the Contract Documents and within the Contract time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of a Bidder's knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bldder is not identified on a list created under the Iran Contracting Act, Public Contract Code §2200 et seq. (the"Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. BYRNE AVE. SIDEWALK IMPROVEMENTS BID PROPOSAL PROJ NO. 2016-10 Page 12 GRANITE CONSTRUCTION COMPANY 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): A cashier's check or certified check payable to City and issued by Bank name] in the amount of X A bid bond, using the Bid Bond form included with the Contract Documents, paya jv%m fit., City and executed by a surety licensed to do business in the State of California`%%W10/V C, 'ramQ' AS E.......... 0111 This Bid Proposal is hereby submitted on July 30 2019. q 4 v Gra ite Cons ruction Com an 7-30-19 v':o Bidde si s e Date Cj'• .....• ignature Signature Jim Radich, VP Coastal Region Steve Kaesler, Construction Manager Name7itle (If Corporation: Chairman, President or Vice Name/Title(If Corporation: Secretary, Assistant President)Secretary, Chief Financial Officer or Assistant Treasurer) 89 Expire 5-31-2021 A,B 1000000085 License#, Expiration Date, and Classification DIR Registration# 715 Comstock St 408-327-7000 Address Phone Santa Clara, CA 95054 Karim Massoud, Chief Estimator City, State, Zip Contact Name/Title 408-327-7010 Karim.massoud@gcinc.com and Contact Phone Contact Email teresa.rothney@9cinc.com END OF BID PROPOSAL BYRNE AVE. SIDEWALK IMPROVEMENTS BID PROPOSAL PROJ. NO. 2016-10 Page 13 GRANITE CONSTRUCTION COMPANY ATTACHMENT A Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked"(SW)"are Specialty Work that must be performed by a qualified Subcontractor.The lump sum or unit cost for each item must be inclusive of all costs,whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount'column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form. LS= Lump Sum EA= Each LF= Linear Foot CF= Cubic Feet CY = Cubic Yard SY=Square Yard SF=Square Feet LB = Pounds TON =Ton(2000 Ibs) AL=Allowance BID EST. UNIT EXTENDED TOTALITEMITEMDESCRIPTION QTY UNIT COST AMOUNTNO. 1 MOBILIZATION 1 LS $1%3 Do0.0_0 $ 1S3 004.ob 2 FIELD ENGINEERING AND 1 LS $ 0-1200-oo $ 12i,Z00- ovSURVEYWORK 3 TRAFFIC CONTROL AND 1 LS $5111©0,Lo $ Do.00CONSTRUCTIONAREASIGNS 4 TREE PROTECTION 1 LS $ 10,000 • coo $ 201 OOo . are 5 TEMPORARY WATER 1 LS $ 2Ur 00u• ou $ Z0, 0 V0. co POLLUTION CONTROL 6 REMOVE TREE 22 EA $ -Ljoek0 Qu $ Lysr 01$0 00 7 REMOVE PCC CONCRETE 4,230 SF $ R-no 2 0?0• bo 8 REMOVE CURB &GUTTER 370 LF $ 20-o>D $ •71 L40o- a 9 REMOVE DRAINAGE INLET(AND 1 EA $ 7 1 000-00 $ 'LPIPE j 10 REMOVE PAVERS 1,360 SF $ 16- oo v) -10• O0 11 REMOVE PILASTER 6 EA $ ly0• oo $ 940- o_o 12 REMOVE BRICK WALL 60 LF $ 11.gg $ 12.0.00 13 REMOVE ROADSIDE SIGN 1 EA $ Qq,00 $ 300-06 14 RELOCATE MAILBOX 29 EA $ Uw0-oo $ \21`7 601 o0 15 ADJUST WATER METER BOX TO 19 EA $ 400 00 $ Loo-aGRADEr g 16 ADJUST WATER VALVE TO 5 EA $ \17-M-00 $ , 000 • W GRADE 17 ADJUST GAS VALVE TO GRADE 1 EA $ $oo-0 $ Va go 18 ADJUST CLEANOUT TO GRADE 2 EA $ i 20o-on $ L,L}QD-ov 19 ADJUST MANHOLE TO GRADE 2 EA $ -L,000-oo $ 14,000 -pD 20 MODIFY MANHOLE 1 EA $ Z r ow.00 $ 1,ODo• 00 21 MODIFY STORM DRAIN INLET 4 EA $ DO .oo $ 2-14,0M.= 22 ADJUST STORM DRAIN INLET TO 1 EA $ ,S00.0b $ (,,S 00- GRADE 23 RELOCATE ROADSIDE SIGN 13 EA $yO.O6 $ L j LA10•40 BYRNE AVENUE SIDEWALK IMPROVEMENTS BID PROPOSAL PROJ. NC. 2016-10 July 23, 2019 ADDENDUM NO.3 BID EST. UNIT EXTENDED TOTALITEMITEMDESCRIPTION QTY. UNIT NO, COST AMOUNT 24 MODIFY METAL GATE 3 EA $ 150-b0 $ 21 250 - 00 25 RELOCATE DECORATIVE METAL 80 LF $ IZ-S•0FENCE l0,000 00 INSTAL26 FENCE 50 DECORATIVE METAL 50 LF $ y w.00 $ L , Zn,000, 27 MODIFY CHAIN LINK FENCE 70 LF $ 10.00 $ Cl Do-Uo 28 INSTALL WOODEN FENCE 50 LF $ IOU•00 $ 5, 000 -o 0 29 REPAIR WOODEN FENCE 60 LF $ 100.04 $ (, 000- oa 30 MODIFY WOODEN FENCE 160 LF $ 1 s.00 $ 121 000.00 31 INSTALL CHAIN LINK FENCE 60 LF $ 15.00 $ 4 S()0 . 00 32 RELOCATE WOODEN FENCE 430 LF $ 100. (19 $ 430 OGG o0 33 INSTALL WOODEN BARRICADE 1 EA $ 300- q513 $ i00- bp' 34 SITE CLEARING 1 LS $2-5,ow•w $ IL5, Ooo- o0 35 EARTHWORK(Final Pay Item)1,435 CY $ 1'%•coo $ 1l 3, 6I5 Q4 36 PRUNE EXISTING TREES 1 LS $1-1 Lkw-Od $ "L-1400 •po 37 CLASS 2 AGGREGATE BASE 668 CY $ 5Q.ob $ 100,7-00.00 38 SLURRY SEAL 8,765 SY $ 3 .00r $24,Z.q S, 00 39 HMA (TYPE A) 780 TON $ 1-46,y$O 40 CONSTRUCT TYPE Al-6 CURB 6 LF $ 'LO OO $ ''„(' _ DO 41 CONSTRUCT TYPE A2-6 CURB 2,715 LF $ S.p AND GUTTER 14b j 00.d0 CONSTRUCT SIDEWALK AND 42 WALKWAY/DRIVEWAY 14,400 SF $ to- 00 $ 144,000.()o CONFORM I 43 CONSTRUCT CURB RAMP 10 EA $ 3r ODO oc $ O Ob0 •QS 44 CONSTRUCT DRIVEWAY 3,310 SF $3S.oU $ 115, SS,O-p0 45 STRIPING AND PAVEMENT 1 LS $ 'IL,wo •oo $ 11,, 00o• b0 MARKINGS 46 INSTALL ROADSIDE SIGN 5 EA $ 400•oa g Z,.,OCO. 00 47 TOPSOIL 125 CY $ -L L0.Ov $ 21 Soa,pb 48 ABANDON DRAINAGE INLET 1 EA $ 3 y -%c $ 3/9W. w 49 STORM DRAIN INLET 5 EA $ Sr c400.co $ Z 11 ppp. gR 50 ABANDON STORM DRAIN PIPE 5 LF $ CjpQ . p0 $ 'L,500• oa 51 12" REINFORCED CONCRETE 90 LF $ 2-7 00 $D• PIPE 4, D' 52 GRATED LINE DRAIN 25 LF $ 'LZ0 00 $ S, S00• Ob 53 THROUGH THE CURB DRAIN 4 EA $ sQ. cc) $ BYRNE AVENUE SIDEWALK IMPROVEMENTS BID PROPOSAL PROJ. N0, 2016-10 July 23, 2019 ADDENDUM NO.3 BID EST. UNIT EXTENDED TOTALITEMITEMDESCRIPTION QTY. UNIT NO. COST AMOUNT 54 RESTORE LANDSCAPE, 1 LS $('Z r 000-W $ WL10o0. OldIRRIGATION,AND HARDSCAPE 55 INSTALL SALVAGED PAVERS 60 SF $ 1 O • 00 56 INSTALL 3/4" PVC 25 LF $ 00 $ 2 5O - 00 57 INSTALL 2" PVC 25 LF $ 1Z.Ofl $ 1 pp 58 INSTALL 3"PVC 126 LF $ Iy,og $ "'' C14 . pq TOTAL BASE BID: Items 1 through 58 inclusive: $ 1 5) CIVy .Oa Note: The amount entered as the "Total Base Bid"should he identical to the Base Bid amount entered in Section 9 of the Bid Proposal font. BIDDER NAME, Granite Construction Company BYRNE AVENUE SIDEWALK IMPROVEMENTS BID PROPOSAL PROJ, NO, 2016-10 July 23,2019 ADDENDUM NO.3 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-:half of 1%of the Bidder's total Contract Price,'the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. Bidder may not list more than one Subcontractor for each such portion of the Work listed by Bidder below. DESCRIPTION SUBCONTRACTOR CALIFORNIA LOCATION OF D I R REG-NO. PERCENT OF WORK NAME CONTRACTOR BUSINESS OF LICENSE NO. WORK Mc-Icd/woC)b 011ve c F G40LIuki, sc,,*kLv,x00000%,L1y SIL-f'rY Sca\ Grc.\,.v,,C.o A%,,4.rs 315`I 89 5c„r AMC,LR 100000 611 S 1.4 Z°I0 114 00 'F(-cmo A, CA l 000000 3o 6 1 y Pla Tr,-c Rt1 ov-,\ M01- -q-AQCr*`5CS '642-M„0t :'0Sow,rCA 100000S3-L`b L V, &Sugc. Lon f-s\--'rt-c4v&tt ' 4US_Lso Sc&v, Mar-;n,LA 1b01 ND114S END OF SUBCONTRACTOR LIST For street or highway construction this requirement applies to any subcontract of$10,000 or more. BYRNE AVE. SIDEWALK IMPROVEMENTS SUBCONTRACTOR LIST PROJ. NO. 2016-10 Page 17 GRANITE CONSTRUCTION COMPANY Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the VP Coastal Region [title] of_ Granite Construction Corn an business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or share bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding.The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code section 7106 and Title 23 U,S.0 section 112. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7-3 0-19 date], at Santa Clara city], CA [state].N%+tltlll11 T IO/y i i s/cam' 4QORHTE''•Cp Jim Radich 4$ YZ Name[print] tib,Cc+g.• ``: END OF NONCOLLUSION DECLARATION BYRNE AVE. SIDEWALK IMPROVEMENTS NONCOLLUSION DECLARATION PROD. NO. 2016-10 Paoe 18 GRANITE CONSTRUCTION COMPANY Bid Bond Vranite Construction Company Bidder") has submitted a bid, dated July 23 2019 ('Bid"),to City of Cupertino("City")for work on the BY'RNE AVENUE SIDEWALK IMPROVEMENTS("Project"). Under this duly executed b d bond ("Bid Bond"), Bidder as Principal and Ten Percent(10%)of Bid Amount , Its surety Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the"Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns,jointly and severally, as follows: 1, General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following Issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2,1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100%of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond, A performance bond for 100% of the maximum Contract Price, executed by a surely licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s)and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City, Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Brien Bialaski Address:1 Tower Square City/State/Zip: Hartford,CT 06183 Phone: 860)277-1914 Fax: N/A Email: N/A 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contract or until this Bid Bond is returned to Bidder,whichever occurs first. Surety waives the provisions of Civil Code sections 2819 and 2845. Signatures are on the following page.] BYRNE AVE. SIDEWALK IMPROVEMENTS BID BOND PROD NO. 2016-10 Page 19 This Bid Bond is entered into and effective on July 10 2019 SURETY: Travelers Casualty and Surety Company of America Business Name S, V Isabel Barron,Attorney-In-Fact Name,Title Date: July 10,2019 Acknowledgement with Notary Seal and Power of Attorney-In-Fact Certificate must be attached.) 0111111/1 stRv'% BIDDER: Granite Construction Company 0_.z.as.'Jj0Wcj= B,LAinq4s Name S. s, 711 ift; at 02 rya rx k4as€cruck A'ix CsknYaXort Jim R a d i c h. VP Coastal Region 'i' ffNameJTitie Date: —7-30.19 END OF BID BOND BYRNE AVE. SIDEWALK IMPROVEMENTS BID BOND PROJ. NO. 2016-10 Page 20 A notary Public ur WIWI officrr completing thiS certificate%eriricsonl>the identity ofthcindividual ACKNOWLEDGMENT who signed the doc nncni to which this certificate is attached,anti nul the mold ilness,accuracy.or validity ul that document. State of California County of Santa Cruz On JL1Iy 10, 2019 before me, Maiella Flores, Notary Public insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.AARIELLA FLORES z r:.;. Notary Public California Santa Cruz County CnmmLslon 9 2249923 My Comm,Expires Jul 14,2022 Signature Seal) Maiella Flores, otary Public Travelers Casualty and Surety Company of America X+ " Travelers Casualty and Surety CompanyTRAVELERSJSt. 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 die Companies do hereby make,constitute and appoint Isabel Barron Of WATSONVILLE California their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February 2017. Stale of Connecticut City of Hartford ss.Robert L Raney,SeorVice President On this the 3rd day of February, 2017,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. In Witness Whereof,I hereunto set my hand and official seal My Commission expires the 30ttr day of June,2021 0 Marie C.Tetreault Notary Public This Power of Atlorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now In full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognlzances,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 AssislaM 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 seat,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her cerfiflezte or the, certificates Of eLghority 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 President Vice Presidents,Resident Assitant Secretangs or Attorneys-lrr-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power 0 Ailomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and ary eh rower so execulPd aaid certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to soy b:+nd or understi ndblg to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of Amor;ca, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a trite and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect Dated this July 10,2019 1 rK7! J,Y 4N0 Kevin E. Hughes.Assi tant Secretary To verfiy the authenticity of this Power of Attorney,please tail us at 1-800-421-3880, Please refer to the above-named Attorney-fn-fact and the details of the bond to which the power is attached, GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED, that, effective January 1,2019 through December 31,2019,the individuals named on the attached Exhibit 1 are authorized to negotiate,execute and/or attest electronic and paper documents and contracts 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$25 9: million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED,that, effective January 1,2019 through December 31, 2019,the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and attest electronic and paper documents and contracts 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$75 million, relating to any and all 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 Constnrction Incorporated Delegation of Authority and Policy then in effect. I,M. Craig Hall,do hereby certify that I am duly qualified as Secretary of GRANITE CONSTRUCTION COMPANY,a California corporation(the "Company");that the foregoing is a true and correct copy of resolutions duly adopted effective January 1,2019 by unanimous written consent of the Executive Committee of the Board of Directors,held without a meeting in accordance with the provisions of Article I11, Section 9 of the Bylaws of the Company;that the Directors acting were duly and regularly elected; and that the resolution adopted has not been modified or repealed and is still in full force and effect. Dated: March 1,2019 M. C a' Hall VOGaRP oRq 02 w: SEA . Jan.A,192.2 a r C EXHIBIT I AUTHORIZED SIGNERS Granite Construction Company Coastal California Region Bay Area/Monterey Bay Area/North Coast Area AUTHORIZED SIGNERS Jim Radich, VP Coastal Region Pennington B. Shortes,Area Manager Justin Ingram, Area Manager Jason Woelbing, Office Manager Steven C. Kaesler, Construction Manager Bruce E. Harjehausen, Senior Project Manager Karim Massoud, Chief Estimator Patrick K. Amaris, Senior Estimator Terry D. Richards, Senior Estimator David Levasseur,Regional Controller Danna Pintner, Operations Finance Manager Chelsea M.Agnello,Office Manager ATTESTERS Pennington B. Shortes, Area Manager Justin Ingram,Area Manager Steven C.Kaesler,Construction Manager Terry D. Richards, Senior Estimator Jason Woelbing, Office Manager Melinda Y, Luong,Contracts Administrator Patrick K. Amaris, Senior Estimator Karim Massoud, Chief Estimator John (Jake)French, Estimator Fred Ackerman,Estimator Patricia A.Arnett,Estimating Assistant Jenni McKenzie, Estimating Assistant Teresa Rothney, Estimating Assistant Jason S. Picard, Estimator/Project Manager Bruce E. Hadehausen, Senior Project Manager Clarence Sakoda, Estimator/Project Manager James Williams, Estimator/Project Manager Diana 'Millet, Estimator/Project Manager David Levasseur, Regional Controller Danna Pintner, Operations Finance Manager Chelsea M.Agnello, Office Manager f EXHIBIT 2 iAUTHORIZEDSIGNERS i Granite Construction Company j California Group AUTHORIZED SIGNERS Jim Radich,VP Coastal Region Michael Tatusko,VP Valley Region Brent Fogg, VP Central Region Richard Scott McArthur,VP Northern Los Angeles Region John Boies, VP South Coast Region Brad J. Williams,VP Desert Cities Region j Bradly Estes, VP Construction Materials I TEa16.R CERTIFICATE OF LIABILITY INSURANCE D 8/26 2019YY)OS/26/2019 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(ies) 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 CONTACT Kimberly Leikam Alliant Insurance Services, Inc. PHONE Ex415-403-1491 aC No: 415-874-4818 E-MAIL kleikamOalliant.com100PineStreet, llth Floor ADDRESS: INSURERS AFFORDING COVERAGE NAIC# San Francisco, CA 94111 INSURERA: VALLEY FORGE INS CO A 20508 INSURED INSURERB: CONTINENTAL CAS CO P( 20443 Granite Construction Company TRANSPORTATION INS COINSURERC: V 20494 585 West Beach Street INSURERD: INSURER E: Watsonville, CA 95076 INSURERF: COVERAGES CERTIFICATE NUMBER: 57046448 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS A X COMMERCIALGENERALLIABILITY X X GL2074978689 10/01/18 10/01/2 EACH OCCURRENCE 2,000,000 61 DAMAGE TO RENTEDCLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 2,000,000 X Contractual Liability MED EXP(Any one person) $ Nil X XCU Hazards PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 POLICY ECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY X X BUA2074978692 V 10/01/18 10/01/21 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident 1xx ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $AUTOS ONLY AUTOS HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accidentContractua B X UMBRELLA LIAB X OCCUR CUE2068209453 10/01/18 10/0 1/19 EACH OCCURRENCE 8,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE 8,000,000 DED RETENTION$ C WORKERS COMPENSATION Y/N X WC274978661(MT,WI,HI) 10/01/18 10/01/19 X STATUTE ERHANDEMPLOYERS'LIABILITY A ANYPROPRIETOR/PARTNER/EXECUTIVE N NIA X WC274978644`(AOS/Stop Ga 10/O1/18 10/01/19 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED7 10/O1/19 2,000,000C (Mandatory in NH) X WC274976658 NY) 10/01/18 E.L.DISEASE-EA EMPLOYEE $ A If yes,describe underDESCRIPTIONOFOPERATIONS below X WC274978630 (CA) 10/01/18 10/01/19 E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Job #: Byrne Ave Sidewalk Improvements Project The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of our work GL Per ISO Form CG0001 10/01; AL Per ISO Form CA0001 10/13 CERTIFICATE HOLDER CANCELLATION 2190 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino, CA 95014-3255 USA 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD rothneyt 57046448 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE OB/26/2019 NAME OF INSURED: Granite Construction Company SUPP(10/00) CNA Ed. 031Ed. 1/13)3) 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.I. 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.I. 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 rlma , x- ss, contingent or G-140331-D (Ed. 01/13)POLICY : G12074978689 Page 1 of 2 EFFECTI 018 Copyright,CNA All Rights Reserved. CNA Ed 0331 Ed. 01/13)3) 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 BA. 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: 10/01/2018 Copyright,CNA All Rights Reserved. POLICY NUMC6R:.GL207497E868Effective10/0 / COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad:Designated Job Site: Any railroad which the named insured is required by written Any jobsite designated in the written contract with a contract to add to this schedule. scheduled railroad. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a damage" to a third person or organization. Tort Scheduled Railroad at a Designated Job Site, the liability means a liability that would be imposed definition of"insured contract" in the Definitions section is by law in the absence of any contract or replaced by the following: agreement. 9. "Insured Contract" means: Paragraph f. does not include that part of any a. A contract for a lease of premises. However, that contract or agreement: portion of the contract for a lease of premises 1) That indemnifies an architect, engineer or that indemnifies any person or organization for surveyor for injury or damage arising out of: damage by fire to premises while rented to you a) Preparing, approving or failing to or temporarily occupied by you with permission prepare or approve maps, shopoftheownerisnotan "insured contract"; drawings, opinions, reports, surveys, b. A sidetrack agreement; field orders, change orders or drawings c. Any easement or license agreement; and specifications; or b) Giving directions or instructions, or d. An obligation, as required by ordinance, to failing to give them, if that is the primary indemnify a municipality, except in connection cause of the injury or damage; with work for a municipality; 2) Under which the insured, if an architect, e. An elevator maintenance agreement;engineer or surveyor, assumes liability for an f. That part of any other contract or agreement injury or damage arising out of the insured's pertaining to your business (including an rendering or failure to render professional indemnification of a municipality in connection services, including those listed in Paragraph with work performed for a municipality) under 1) above and supervisory, inspection, which you assume the tort liability of another architectural or engineering activities, party to pay for "bodily injury" or "property CG 24 17 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 of 1 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 26 ENDORSEMENT: GL 2074978689 Granite Construction Incorporated 10/01/18 CNA71527XX PFFIA 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 on 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 N : BUA207497869 Page 1 of 1 Endorsement N : Effective Dat 10/01/20 Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved. POLICY NUMBER: B(UA2074978692 COMMERCIAL AUTO CA04441013 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: 10/01/2018 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 I r G-19160-B CNq Ed. 11/97) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS-CALIFORNIA 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—n/a 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 n/a UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.Schedule : Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. WC43 03 05(Ed 7-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed(except CA,TX, UT) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 03 13 (Ed 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2018 UWC274978658 Valley Forge Insurance Company Transportation Insurance Company Transportation Insurance Company Valley Forge Insurance Company G-19160-B Page 1 of 1 Ed. 11/97) Form W-9 Request for Taxpayer Give Form to the Rev.December20 Identification Number and Certification l Revenue Service requester.Do not Department of the Treasuryury send to the IRS.Interna 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Granite Construction Company N 2 Business name/disregarded entity name,if different from above manco 3 Check appropriate box for federal taxi ification;check only one of the following seven boxes: 4 Exemptions(codes apply only to0 Individual/sole proprietor or C Corporation S Corporation certain entities,not individuals;see y rp Partnership Trust/estate Instructions on page 3):i c single-member LLC Exempt payee code(if any)Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership) o ? Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting y the tax classification of the single-member owner. code(if any)r: 5 tl Other(see instructions)Applies 0 accounts maim.1-d outside the u.s.l G 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) CL 585 West Beach Street 6 City,state,and ZIP code Watsonville, CA 95076 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,fora FT1residentalien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. K4] - 0 5 1 9 U55 2 LEM Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdingbecauseyouhavefailedtoreportallinterestanddividendsonyourtaxreturn.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature, Here U.S.perscin- Date General Instructions Form 1098(home mortgage interest),1098-E(student loan interest),1098-T tuition) Section references are to the Internal Revenue Code unless otherwise noted. Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)as legislation enacted after we release it)is at www.Irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),toPurposeofFormprovideyourcorrectTIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer Identification number(TIN)to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a numberIdentificationnumber(EIN),to report on an information return the amount paid to to be issued),you,or other amount reportable on an information return.Examples of Information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S,exempt payee.If Form 1099-DIV(dividends,Including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the Form 1099-MISC(various types of income,prizes,awards,or gross proceeds)withholding tax on foreign partners'share of effectively connected income,and Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)Indicating that you arebrokers) exempt from the FATCA reporting,Is correct.See What is FATCA reporting?on Form 1099-5(proceeds from real estate transactions) page 2 for further information. Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) GRAnITE TM Date: August 26, 2019 To: City of Cupertino Public Works Department 10300 Torre Ave Cupertino, CA 95014-3255 Attn: John Raaymakers From:Teresa Rothney, Estimating Assistant Subject: 2016-10 — Byrne Avenue Sidewalk Improvements Executed Documents Attached are the following completed documents One (1) Signed contract Payment and Performance bonds W-9 Insurance Certificate Once executed, please email me a fully executed contract to teresa.rothney@gcinc.com If you have any questions, please call me at (408) 327-7013. Thank you! COASTAL AREA OFFICE 715 Comstock St.Santa Clara,CA 95054•Phone(408)327-7000•Fax(408)327-7090 City Council Actions August 20, 2019 4. Sum: Updated Joint Use Agreement between the City of Cupertino and Cupertino Union School District (CUSD) pertaining to maintenance and improvements of certain open space areas within specific school sites for rein bursement of authorized Clean Water and Storm Protection Fees Recommended Action: 1. Authorize the City Manager to execute an updated Joint Use Agreement between the City of Cupertino and CUSD; and 2. Authorize expenditures in the amount of $8,705.80 from the Non-Poirot Source Fund to reimburse CUSD for Clean Water and Storm Protection Fees associated with certain open space areas within specific school sites Authorized the City Manager to execute an updated Joint Use Agreement between the City of Cupertino and CUSD; and 2. Authorize expenditures in the amount of $8,705.80 from the Non-Point Source Fund to reimburse CUSD for Clean Water and Storm Protection Fees associated with certain open space areas within specific school sites; and 3. Provided direction to staff and the City Manager to approach the CUSD Administration and its Superintendent regarding the subsequent inclusion of both Lawson Middle School and Sedgewick Elementary School properties in the Joint Use Agreement. 5. Subject: Adopt the City of Cupertino Annex to the Santa Clara County Community Wildfire Protection Plan as the City of Cupertino Community Wildfire Protection Plan. Recommended Action: Adopt Resolution No. 19-107 which adopts the City of Cupertino Annex to the Santa Clara County Community Wildfire Protection Plan as the City of Cupertino's Community Wildfire Protection Plan. Adopted Resolution No. 19-107 which adopts the City of Cupertino Annex to the Santa Clara County Community Wildfire Protection Plan as the City of Cupertino's Community Wildfire Protection Plan. 6. Suject: Award Byrne Avenue Sidewalk Improvements, Project Number 2016-10 Recommended Action: Authorize the City Manager to award a contract to Granite Construction Company in the amount of $1,853,984 and approve a construction contingency of $185,398, for a total of $2,039,382 for the Byrne Avenue Sidewalk Improvements, Project Number 2016-10 Authorized the City Manager to award a contract to Granite Construction Company in the amount of $1,853,984 and approve a construction contingency of $185,398, for a total of 2,039,382 for the Byrne Avenue Sidewalk Improvements, Project Number 2016-10.