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19-071 Redgwick Construction Company, McClellan Rd Separated Bikeways Phase 1b Project RECORDING REQUESTED BY: 24386028 City of Cupertino Regina A 1 comendras Santa Clara County - Clerk-Recorder WHEN RECORDED, MAIL TO: 01/22/2020 12:34 PM Titles:: 1 Pages: 2 City Clerk's Office Taxes: 10.00 City of Cupertino Total: 0.00 . 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 NOTICE OF COMPLETION CITY PROJECT NAME: McClellan Road Separated Bikeways-Phase 1B Project No. 2017-01.06 Original 0 Conformed Copy Recording Requested By: The City of Cupertino When Recorded Mail To: City Clerk's Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§ 6103, 27383 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the Project described below. 2. Owner's full name is the City of Cupertino ("City") 3. City's address is 10300 Torre Avenue, Cupertino, CA 95014. 4. The nature of City's interest in the Project is: X Fee Ownership _Lessee _Other: 5. Construction work on the Project performed on City's behalf is generally described as follows: McClellan Road Separated Bikeways-Phase 1 B, Project No. 2017-01.06, Construction of sidewalk, curb, gutter, bicycle curbs, drainage, pavement, traffic signal modifications, and related improvements. 6. The name of the original Contractor for the Project is: Redgwick Construction 7. The Project was accepted as completed on: January 2, 2020 8. The Project is located at: McClellan Road and S. Stelling Road, McClellan Road and Bubb Road Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, nd that the facts stated in this notic9-71ue and correct. ba4 and Place Roger L e Director of Public Works Contract This public works contract("Contract") is entered into by and between the City of Cupertino ("City"), a municipal corporation, and Redgwick Construction Company("Contractor"), for work on the McClellan Road Separated Bikeways-Ph. 1b Project ("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 April 16, 2019, City Council authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, 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$1,365,420.00 ("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 60 working 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$1500.00 per day for each day of 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. 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: JohnR@cupertino.org Copy to: PWlnvoices@cupertino.org Contractor: Name: Redgwick Construction Company Address: 21 Hegenbeger Court City/State/Zip: Oakland, CA 94621 Phone: (510) 792-1727 Attn: Bob Rahebi Email: bob@redgwick.com Copy to: estimating@redgwick.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. 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.] i I �I i 3 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR CITY OF CUPERTINO Redgwick Construction Company A Municipal Corporation By gy . Name Roger Le Title Pry?48ri Acting Director of Public Works Date Date By Name Title Date APPROVED AS TO FORM: By �� Name e­k11r,�r r-- W rn(�(` City Attorney Date ATTEST: ��X612 Grace Schmidt City Clerk Date Contract Amount IT f �20 P.O. No. � Account No. END OF CONTRACT (MMIDDNYYY ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE 4/19/2019 ) 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 CONTACT Arthur J. Gallagher&Co. Insurance Broker NAME: Certificate Department FAX of California Inc. I LIC#0726293 A/c IL415-391-1500 A/c No:415-391-1882 1255 Battery Street, Suite 450 nDnREss: CertRequests@ajg.com San Francisco CA 94111 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Travelers Indemnity Company of CT 25682 INSURED REDGCON-02 INSURER B:Travelers Property Casualty Co of America 25674 Redgwick Construction Co. INSURER C:Evanston Insurance Company 35378 21 Hegenberger Court Oakland CA 94621 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1031014813 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 NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS EXP LTR A X COMMERCIALGENERALLIABILITY Y Y DT22-CO-366K4685-TCT-18 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000✓ CLAIMS-MADE �OCCUR DAM AGE S(RENTED PREMISES Ea occurrence) $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY�JECOT LOC PRODUCTS-COMPIOPAGG $2,000.000 OTHER: $ B AUTOMOBILE LIABILITY Y Y DT-810-1L612615-TIL-18 12/31/2018 12/31/2019 COEaMBI ccidentdanll GLELIMIT $1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ I AUTOS ONLY AUTOS ONLY Per accntide I Camp/Coll Deduct $1,000/$1,000 B UMBRELLA LIAB X OCCUR Y CUP-OJ404992-18-26 12/31/2018 12/31/2019 EACHOCCURRENCE $10,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION Y UB-OJ403829-18-26 12/31/2018 12/31/2019 AND EMPLOYERS'LIABILITY YIN XSTATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess/2ndLayer MKLV2EUE100542 12/31/2018 12/31/201 Each Occurence 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Excess/Umbrella follows form over the general liability,auto,and employers liability policies. RE:2017-01.06 McClellan Road Separated Bikeway-Phase 1B. ADDITIONAL INSURED(S):The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number:DT22-CO-366K4685-TCT-18 V11, COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III-Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in-sured does not apply to "bodily injury , "prop- the additional insured by this endorsement still is erty damage" or "personal injury" arising out excess over any valid and collectible "other in- of the rendering of, or failure to render, any surance", whether primary, excess, contingent or on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving , or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St.Paul Travelers Companies, Inc. Page 1 of Policy Number:DT22-CO-366K4685-TCT-18 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of "other insurance"which would cover the additional insured for a loss we or offense took place; cover under this endorsement. However, this ii. The names and addresses of any injured condition does not affect whether the insur- persons and witnesses; and ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a „ i named insured as described in paragraph 3. b) If a claim is made or suit s brought against above. the additional insured, the additional insured must: 5. The following definition is added to SECTION V - DEFINITIONS: i. Immediately record the specifics of the claim or"suit"and the date received; and "Written contract requiring insurance" means that part of any written contract or agreement ii. Notify us as soon as practicable. under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or "suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and b. While that part of the contract or otherwise comply with all policy conditions. agreement is in effect; and d) The additional insured must tender the de- c. Before the end of the policy period, fense and indemnity of any claim or"suit" to Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured - Lessors Of Leased 13. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured - States Or Political D. Incidental Medical Malpractice Subdivisions- Permits 1. E. Who Is An Insured - Newly Acquired Or Formed Knowledge And Notice Of Occurrence Or Offense Organizations K. Unintentional Omission F. Who Is An Insured - Broadened Named Insured L. Blanket Waiver Of Subrogation - Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured -Owners. Managers N. Contractual Liability-Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1)(a) I - COVERAGES - COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning, (b) Not owned by any insured; and d. Smoke resulting from such fire,explosion, (c) Not being used to carry any person or prop- or lightning;or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I - Coverage A I. The first paragraph of the exceptions in Ex- - Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsernent to this graph 2. of SECTION I - COVERAGES - Coverage Part that has Exclusion - All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I - "premises damage" as described in Para- COVERAGES -COVERAGE A. BODILY graph 6. of SECTION III - LIMITS OF IN- SURANCE. CG D3 16 11 11 ;c)2011 The Travelers Indemnity Company.All nghtsreserved. Page 1 of COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III -LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.1). of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS - COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I - COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph l.d. of SUPPLEMENTARY PAYMENTS - COVER- The Damage To Premises Rented To You AGES A AND B of SECTION 1 - COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises . damage" is not an "insured contract"; 2. The following is added to Paragraph 2.a.(1)of SECTION II - WHO IS AN INSURED: -. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age"to: a. Any premises while rented to you or tem- (i) "Incidental medical services" by any of your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such premises for a period of seven or fewer (ii) First aid or "Good Samaritan services" by consecutive days. any of your "employees" or "volunteer G. The following replaces Paragraph -i.b.(i)(b) workers", other than an employed or vol- unteer doctor. Any such "employees" or of SECTION IV - COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(I)(c ) of SECTION IV- of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 «a 2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III - LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or "Good Samaritan services" to any one per- which provides similar coverage to that Or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I - COV- only: 1 ERAGES - COVERAGE A BODILY INJURY (1) Until the 18oth day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing 1 out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it;or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of, the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical,surgical,dental,laboratory,x-ray it, and we agree in writing that it will con- tinue to be a Named Insured until the end or nursing service or treatment, advice or � instruction, or the related furnishing of of the policyperiod; food or beverages;or I). Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services"means any emer- jury" or "advertising injury" arising out of an 11� gency medical services for which no compey- offense committed before you acquired or 1 sation is demanded orreceived. formed the organization. 6. The following is added to Paragraph 4.b.,Ex- F. WHO IS AN INSURED- BROADENED NAMED cess Insurance, of SECTION IV - COM- INSURED-UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II -WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, { sured,whether primary,excess,contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or"Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or"property damage" that occurred, or"personal Paragraph 2.a.(t) of Section II - Who is An injury" or 'advertising injury caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED - NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4.of SECTION sidiary. II -WHO IS AN INSURED: i i CG 03 16 1111 02011 The TravelerslndemnityCompany.Allrightsreserved. Page 3 of COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 G. BLANKET ADDITIONAL INSURED-OWNERS, H. BLANKET ADDITIONAL INSURED - LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS The following is.added to SECTION II -WHO IS AN INSURED: ANINSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability sect to liability for "bodily injury",p y y "property dam- for "bodily injury", "property damage", "personal age", "personal injury"or"advertising injury" that: injury"or"advertising injury"that: a a. Is "bodily injury" or "property damage" that . Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury' caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement; and { tract or agreement; and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or i omissions in the maintenance, operation or use of that part of any premises leased to leased to equipment use of e ui q p you by such j you. equipment lessor. � The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: i a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or property damage that occurs, or 'personal owner, manager or lessor does not apply to: injury"or"advertising injury"caused by an of- (1) Any "bodily injury" or"property damage" fense that is committed, after the equipment that occurs,or"personal injury"or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises;or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or non- c. The insurance provided to such premises contributory with, such other insurance, in owner, manager or lessor is excess over any which case this insurance will be primary to, j valid and collectible other insurance available and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on 1. BLANKET ADDITIONAL INSURED-STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS - PERMITS the written contract or agreement that this in- The following is added to SECTION II - WHO IS surance must be primary to, or non- AN INSURED: contributory with, such other insurance, in which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 02011 The Travelers Indemnity Company.All rightsreserved. CG 03 16 11 11 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury"arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or f operation subdivision;performed for that state or po- offense. litical (3) Notice to us of such "occurrence' or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the"products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- .J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the.persons de- Suit, of SECTION IV - COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above III discovers that the "occurrence" or offense ERAL LIABILITY CONDITIONS: 1 may result in sums to which the insurance i e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section J I-Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence"or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- ble cape of "pollutants" which contains a requirement i only after the"occurrence"or offense that the discharge, release or escape of "pollut- � is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who merit. is an individual (if you are a limited liability company), any of your"executive offi- K. UNINTENTIONAL OMISSION cers"or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint'enture sentations, of SECTION IV - COMMERCIAL or limited liability company) or any"em- GENERAL LIABILITY CONDITIONS: ployee"authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence"or offense. error in, any information provided by you which i (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a)Any individual who is: The following is added to Paragraph S.,Transfer (i) A partner or member of anypart- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION JV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 161111 ©2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability,. against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at anytime. a. "Bodily injury"or"property damage"that oc- N. CONTRACTUAL LIABILITY- RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph Q1) of the definition of "insured M. AMENDED BODILY'INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of "bodily injury" in the DEFINITIONS Section: I i i a i i i i i I I I Page 6 of 6 02011 The Travelers Indemnity Company.All rights reserved. CG D3 16 1111 COMMERCIAL AUTO Policy Number:DT-810-1L612615-TIL-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT 'This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, darnage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broaden ingprovisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Lirnitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSSOF B. BLANKET ADDITIONAL INSURED USE- INCREASED LIMIT G. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES-INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY El. SUPPLEMENTARY PAYMENTS- INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO-LIMITED WORLDWIDE COV- LOSS ERAGE-INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE- GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1..Who is person or organization qualifies as an "insured" An Insured, of SECTION II - COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section ll. Any organization you newly acquire or form dur_ C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain t. The following is added to Paragraph A.I., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II - COV- separately insured for, Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage underthis provision isafforded only un- An "employee" of yours is an "insured" while til the 180 th day after you acquire or form the or- operating an "auto" hired or rented under a ganizationor,the end of the policy period which- contract or agreement in an "employee's" ever is earlier. name,with your permission,while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED tress The following is added to Paragraph c. in AA., 2. The following replaces Paragraph b. in 113.5.. Who Is An Insured, of SECTION II - COVERED Other Insurance. of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization. that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire "property damage" occurs and that is in effect rent or borrow,and during the policy period, to be named as an add€- (2) Any covered"auto"hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage but only for damages to which an "employee's"name:with your CA T3 53 0215 Page 1 of 4 Inc:odes r..nl?yiight:-i1 n'i:afF.,It,:i.i'I:':stirzirlc:e S-rd Ct=S Offil:.e.Inc tNPfl Its o•.,rl;tissle:? COMMERCIAL AUTO Policy Number: DT-810-1 L612615-TIL-18 permisslon, while performing duties (a) With respect to any claim made or "suit` related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However. any"auto"that is leased hired. of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto", t.i) You must arrange to defend the "in- 0.EMPLOYEES AS INSURED sured"against,and investigateor set- tle any such claim or"suit"and keep The following is added to ParagraphA.1.,Who Is us advised of all proceedings and ac- An Insured, of SECTION II - COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any"employee"of yours is an'Snsured"while us•' "insured" will make any settlement ing a covered"auto"you don't own,hire or borrow without ourconsent. in your business or your personal affairs. (m)We may, at our discretion,participate E. SUPPLEMENTARY PAYMENTS-INCREASED in defending the"insured"against,or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2) , "suit". of SECTION II - COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- fray as damages because of"bodily eluding bonds for related traffic law viola- injury"or"property damage"to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but i these bonds. only up to the limit described rn Para- 2. The following replaces Paragraph A.2.a.(4) ; graph C., Limits Of Insurance, of i of SECTION 11 - COVERED AUTOS LIABIL- SECTION If - COVERED AUTOS ! ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonalte expenses incurred by the (v) We will reimburse the "insured" for "insured"at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO-LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE-INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) <n Para- graph C:'.. Limits Of Insurance. of graph 8 J., Policy Period, Coverag e Territory , SECTION II - COVERED AUTOS of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS addition to such limit. Our duty to (5) Anywhere in the world,except any country or make such payments ends when we jurisdiction while any trade sanction. em- have used up the appilcable limit of bargo, or similar regulation imposed by the insurance in paymentsfor damages, Unned States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance Is excess over any valid within such country or Jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whetherprinnary, excess, "auto" that you lease: hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto"you lease, hire, rent quired or compulsory insurance In any or borrow from any of your "e:rriployees country outside the United States. its ter- partners (if you are a partnership:) members ritories and possessions, Puerto Rico and (if you are a limited liability company} or Canada members of theirhouseholds. Page 2 of 4 20'1 a The Tra elers Indemnity Company All rights reserver,. CA T3 53 0215 In-ludescopyrighted rnaterialof lnSLlranCe Services Office Inc:.wlth;ts penn€ssior,. COMMERCIALAUTO Policy Number:DT-810-1L612615-TIL-18 You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minirnurn limits required by theft of your covered"auto'. local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph 8.3., Exclu- had you complied with the Compulsory in- sions, of SECTION III - PHYSICAL DAMAGE surance requirements. COVERAGE: (d) II is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss' to one or ted or authorized insurer outside the more airbags in a covered"auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada, We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto"is a covered "auto"for Compre- for compliance in any way with the laws hensiveCoverage under this policy; of other countries relating to insurance. 1). The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE- GLASS ranty;and l The following is added to Paragraph 0., Deducti- c. The airbags were not intentionallyinflated. ble, of SECTION III - PHYSICAL DAMAGE We will pay up to a maximum of $Lom0 for any COVERAGE: one'loss'. No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE- LOSS OF SECTION IV- BUSINESS AUTO CONDITIONS: USE-INCREASEDLIMIT Your duty to give uS or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss' ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or 'loss' is known TION III-PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day,to a maximum of (b) A partner(if you are a partnership); j S750 for any one"accident". (c) A member(if you are a limited liability com- I. PHYSICAL DAMAGE - TRANSPORTATION pany); EXPENSES-INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses; of ganization), or SECTION III - PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OFSUBROGATION S 1.500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov Of Rights Of Recovery Against Others To Us, ered"auto'of the private passenger type. of SECTION IV - BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III - PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will pay up to $400 for 'loss" to wearing ap- tent required of you by a written contract signed and executed prior to any "accident' parel and other personal property which is: or"loss',provided that the"accident'or"loss" (1) Owned by an "insured":and arises out of operations contemplated by CA T3530215 @201;'The T'ravelerslndemnityConpany All rnghtsreserved. Page of Includes copyrighted material of Insurance services Office.Inc.with!ts permission. COMMERCIAL AUTO Policy Number:DT-81 0-1 L612615-TIL-1 8 such contract. The waiver applies only to the The unintentional omisslon of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OROMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTIONIV -BUSINESSAUTO CONDITIONS: i Page 4 of 4 0 2015 The Travelers In emn;ty Company All rights reserved. CA T3 53 02 15 Includes copyrighted material or Insurance Serv:ces Office Inc.with its permission TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITYPOLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2.0 0 of the California workers' compensation premium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHICH THE INSURED HAS SUBROGATION. AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 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.) Policy Number: UB-OJ403829-18-26 ✓ Insured: Redgwick Construction Co. Insurance Company: Travelers Page I of I Bond No. 070207947 i Premium included in charge for performance bond Payment Bond Construction Co.wick The City of Cupertino("City")and Red g ("Contractor")have entered into a contract,dated l�P 2b1 ,2019(''Contract"}for work on the McClellan Road Separated Bikeways-Ph. 1 b Project("Project"). The Contract is incorporated by reference into this Payment Bond("Bond"). 1. General. O.gder this Bond,Contractor as principal and The Ohio Casualty Insurance Company . its surety("Surety.), are bound to City as obligee in an amount not less than $1.365,420.00*******, 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. *One Million Three Hundred Sixty Five Thousand Four Hundred Twenty and no/100ths Dollars 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 tabor 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 sectlorT 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 0100,.so as to-give a rightof 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. S. 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 anew 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: Ray Wu Address: 255 California St. City/StatelZip: San Francisco, CA 94111 Phone: 800.293.2521 Fax: 866.547.4881 Email: raymond wuCu)-libertymutual.com 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. McClellan Rd.Separated Bikeways-Ph. lb PAYMENT BOND 2017-01.06 Page 27 7. Effective Date; Execution. This Bond is entered into and is effective on .April 18 2019. SURETY: The Ohio Casualty Insurance Company Bu ` ess Name . sl K. Zerou ian, Att ney-in-Fact Narr�e/T'ifle. Date: April 18, 2019 {Attach Acknowledgment with Surety's.Notary Seal and Power of Attorney:} ... CONTRACTOR: Redgwick Construction Co. Business Name sl Bob Rahebi Name/Title q Date: /-��1�it L I / ,2 U/C/ sl Name/Title —�— END OF PAYMENT BOND McClellan Rd. Separated Bikeways-Ph. 1b PAYMENT BOND 2017-01.06 Page 28 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On April 18, 2019 before me, Betty L. Tolentino, Notary Public (insert name and title of the officer) personally appeared K. Zerounian 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. BETTY L. TOLENTINO a COMM. #21.86585 NOTARY PUBLIC-CALIFORNIA SAN FRANCISCC COUNTY My Comm.Expires Apr. 12,2021 , Signature (Seal) r . 9 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.8189336 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Susan Hecker;M.Moody;Janet C. Rojo;R.A Bass;Virginia L.Black;Maureen O'Connell;Kevin Re; Betty L.Tolentino;Robert Wrixon;K.Zerounian all of the city of San Francisco ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 27th day of August 2018 m ,JP�own2a>,�•s2 .��?��t���.�-l�. �� ',�.��R�>'�� The Ohio Casualty Insurance Company u) 2�,i- � r, J .• G F• �, jC.. � �, to o 91y g ¢ Liberty Mutual Insurance Company m 0 1912 1491 v West merican Insurance Company i a to Jf,�F'x*vsr:haS� '"7"-ra�H�r� �t2 vuinwP ��////// 7 m By: = STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary C m +% COUNTY OF MONTGOMERY c Nca + On this 27th day of August 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v�— 9 v (D Company,The Ohio Casualty Company,and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,U p� therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W R GsL. > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O CL 3 �5p PAST,, COMMONWEALTH OF PENNSYLVANIA f/,}/�\ r /J Q M oNweQ�r�{ Notarial Seal Q1 ��/��, O d: y 4,14 o of s v Teresa Paste{la,Notary Public By: �U r c-U D� �vL yi/ L O i Upper MerionTwp.,Montgomery County Teresa Pastella,Notary Public y My: y Commission Expires March 28,2021 O yYI.�P .G .y QTQ��gy Mcrnber.Pennsylvania Association of Notaries tL 02 M c t0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .N o Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o .r� L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C +; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, > O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d C R executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.0 12 A the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. = (0 = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, *'C? > (D and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v C) executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Te Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 18th day of A ril 20 19 iNSU;i ,,J a cat;.uta>�•9y J�J how^^oaq;�^�F. N�� ::.C;ta>??T 0 1915 0 1912 ¢ 1991 z By: ` o , Renee C.Llew lyr-Kssistant Secretary 754 of 800 LMS 12873 022017 Bodn No. 070207947 Premium: $11,216.00 Performance Bond The City of Cupertino.(' ity")and Redgwick Construction Co. ("Contractor")have entered into a contract,dated ((o ,2019.("Contract)for work on the McClellan Road Separated Bikeways-Pl7. 1 b Project("Project"). The Contract is incorporated by reference into this Performance Bond("Bond"). 1. General. Under this Sond, Contractor as Principal and The Ohio Casuals Insurance Company its surety("Surety'), are bound.ta:City as obligee for ari amount not less than $1,365,420.00**********to.ensure Contractor's faithful performance of its obligations under the Contract.This Bond :binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. *One Million Three Hundred Sixty Five Thousand Four Hundred Twenty and no/100ths Dollars 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 Bpnd,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 4.3 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 Niue to Surety's default,including legal, design professional, or delay costs. McClellan Rd, Separated Bikeways-Ph. 1b PERFORMANCE BOND i 2017-01.06 Page 29 7. Notice. Any notice to Surety may be given in the manner specified in the Contract.and sent to Surety as follows: Attn: Ray Wu Address: 255 California St. City/State/ZEp: 4111 Phone: Ann 293 9521 Fax: 866.547.4881 Email: .raymond wuCajlibertymutual.com j 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- April 18 2019. SURETY: The Ohio Casualty Insurance Company in ss Name s/ K..Zerouni n, Attorne -in-Fact Name/Title[print] (Acknowledg with Notary Seal.for Surety an.d:Surety's Power of Attorney must be attached.) CONTRACTOR: Redgwick Construction Co. ----------------- Business e sl Bob Rah,83bi NamelTitle � � � Date: I L s/ Name%T'itle - Date: END OF PERFORMANCE BOND McClellan Rd. Separated Bikeways-Ph. 1b PERFORMANCE BOND 2017-01.06 Page 30 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On April 18, 2019 before me, Betty L. Tolentino, Notary Public (insert name and title of the officer) personally appeared K. Zerounian 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. f° r WITNESS my hand and official seal. . BETTY L. TGLENTINOCOMM #2186585 � q� NOTARY PUBLIC-CALIFORNIA SAN FRANCISCO COUNTY .� r^f My Comm.Expires Apr. 12,2021 Signature (Seal) ��{/ , y THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8189337 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Susan Hecker;M.Moody;Janet C.Rojo;R.A Bass;Virginia L. Black; Maureen O'Connell;Kevin Re; Betty L.Tolentino• Robert Wrixon•K.Zerounian all of the city of San Francisco ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the sea etary of the Companies in their own proper persons, IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 27th day of August 2018 to a�-�V IPlS(/ biNSfJ� tNSir� � e`ic7-"ot��'4y� $� r�� The Ohio Casualty Insurance Company N 0 1979 141z ° 1441 Liberty Mutual Insurance Company m x t 5 West merican Insurance Company = 0 1 * * * By: ? STATE OF PENNSYLVANIA ss David M.Carey,'-Assistant Secretary COUNTY OF MONTGOMERY NOn this 27th day of August 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U F- U 7 Company,The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes >,W O therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i N > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 00, _ gyp, PAST, COMMONWEALTH OF PENNSYLVANIA /r�_4y/�- 1 Q M .a �Q,o`a��oriWEq(A<� Notarial Seal 4_a.�%�_ N _ Teresa Pastella,Notary Public By: O O i of Upper Merion Twp.,Montgomery County Teresa Pastella,Notary Public L My Commission Expires March 28,2D21 3 O>O ti�q 1 G Member.Pennsylvania Association of Notaries ♦0 E C !O This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual V!p Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O tm m d ARTICLE IV-OFFICERS-Section 12,Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O e L�; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d O executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a).Od � ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing 6y the chairman or the president, 00 E , > (D and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. I0 T- Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-m- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 18th day of April 20 19 �evv pw'c�a�9 M ,��,os�oxq.•F 4�� `�`.�;:a-o;a„�;,;n f 4.+"` S .r tiV: p 19t9 0 > 1912 1941 By: O c. z a a _ = Renee C.Llewe ssistant Secretary �y1a-NAna.�:C` 755 of 800 LMS 12873 022017 City Council Minutes April 16, 2019 6. Subject: Update regarding City Hall Design/Delivery Strategy and Library Expansion Strategy Recommended Action: Update regarding City Hall Design/Delivery Strategy and Library Expansion Strategy has been postponed to a date to be determined CITY HALL DESIGN/DELIVERY STRATEGY AND LIBRARY EXPANSION STRATEGY WAS POSTPONED TO A DATE TO BE DETERMINED. 7. Subject: Fiscal Year (FY) 2019-20 Fee Schedule Recommended Action: Adopt Resolution No. 19-038 approving the FY 2019-20 Fee Schedule ADOPTED RESOLUTION NO. 19-038 APPROVING THE FY 2019-20 FEE SCHEDULE. y 8. —Su-bj—ec—t: Appoint Deborah L. Feng as City Manager, Approve the Employment Agreement, and amend the Appointed Employee's Compensation Program Recommended Action: Appoint Deborah L. Feng as City Manager, effective June 3, 2019; authorize the Mayor to execute the Employment Agreement for City Manager; and adopt j Resolution No. 19-039 to amend the Appointed Employees' Compensation Program APPOINTED DEBORAH L. FENG AS CITY MANAGER, EFFECTIVE JUNE 3, 2019; AND AUTHORIZED THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT FOR CITY MANAGER; AND ADOPTED RESOLUTION NO. 19-039 TO AMEND THE APPOINTED EMPLOYEES' COMPENSATION PROGRAM. 9. Subject:Award of a construction contract for the McClellan Road Separated Bikeway-Phase 1B Project(Project No.2017-01.06)for intersection improvements at McClellan Road&Bubb Road and McClellan Road & Stelling Road. Recommended Action: Award a construction contract for the McClellan Road Separated Bikeway-Phase 1B Project and authorize the Acting Director of Public Works to execute the contract in the amount of $1,365,420 with Redgwick Construction Company; and further authorize the Acting Director of Public Works to execute any necessary change orders up to a construction contingency amount of $136,000, for a total possible authorized contract amount of$1,501,420. AWARDED A CONSTRUCTION CONTRACT FOR THE MCCLELLAN ROAD SEPARATED BIKEWAY-PHASE 1B PROJECT AND AUTHORIZED THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT IN THE AMOUNT OF $1,365,420 WITH REDGWICK CONSTRUCTION COMPANY; AND FURTHER AUTHORIZED THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY City Council Minutes April 16, 2019 NECESSARY CHANGE ORDERS UP TO A CONSTRUCTION CONTINGENCY AMOUNT OF$136,000,FOR A TOTAL POSSIBLE AUTHORIZED CONTRACT AMOUNT OF $1,501,420. 10. Subject:Draft Citywide Parks and Recreation System Master Plan, endorse scope of actions identified in the Plan as the proposed project for purposes of conducting environmental review Recommended Action: Endorse the scope of the actions included in the Draft Citywide Parks and Recreation System Master Plan ("Master Plan") as the proposed project for purposes of conducting environmental review pursuant to the California Environmental Quality Act("CEQA"). ENDORSED THE SCOPE OF THE ACTIONS INCLUDED IN THE DRAFT CITYWIDE PARKS AND RECREATION SYSTEM MASTER PLAN ("MASTER PLAN') AS THE PROPOSED PROJECT FOR PURPOSES OF CONDUCTING ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT("CEQA")WITH INPUT RECEIVED BY THE COUNCIL REGARDING POTENTIAL ITEMS AND BRING BACK WITHIN 3 MONTHS THE DRAFT CITYWIDE PARKS AND RECREATION SYSTEM MASTER PLAN ("MASTER PLAN') FOR CONSIDERATION OF CHAPTERS 4 AND 5 REGARDING PRIORITIZATION. 11. Subject: Adopt positions opposing Senate Bills 50 and 330 Recommended Action:Adopt positions opposing Senate Bills 50 and 330 and authorize the Mayor to send letters of opposition to the State Legislature ADOPTED POSITIONS OPPOSING SENATE BILLS 50 AND 330 AND AUTHORIZED THE MAYOR TO SEND LETTERS OF OPPOSITION TO THE STATE LEGISLATURE IN A TIMELY MANNER FOR EACH LETTER WITH THE UNDERSTANDING THAT IF HAVE MORE TIME ON SB330 THEN TO UTILIZE THE TIME. 12. Subject: Update regarding 2018 community shuttle survey and provide input on an 18- month pilot program. Recommended Action: Receive update and provide comment. RECEIVED THE UPDATE REGARDING 2018 COMMUNITY SHUTTLE SURVEY AND PROVIDED COMMENT ON AN 18-MONTH PILOT PROGRAM. 13. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments