Loading...
HomeMy WebLinkAboutReso 121-19 Approving the Plans and Specifications and Awarding a Contract to Redgwick Construction Company for the Alamo Creek Trail Repair ProjectRESOLUTION NO. 121 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO REDGWICK CONSTRUCTION COMPANY FOR THE ALAMO CREEK TRAIL REPAIR PROJECT WHEREAS, the design team completed plans and specifications for the Alamo Creek Trail Repair project (CIP No. ST0219, "Project") and the work includes the removal and replacement of a segment of Alamo Creek Trail (approximately 15 feet wide) from the intersection with Amador Valley Boulevard proceeding south approximately 1,050 feet; and WHEREAS, the City of Dublin did, on November 5, 2019, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest responsive bid for doing said work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the plans and specifications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby determine that the lowest and second lowest bids received for the Project be considered incomplete and non -responsive and award the Project to the lowest responsive bidder. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for Project, to the lowest responsive bidder, Redgwick Construction Company at a bid of two hundred eighty-eight thousand, three hundred fifty-eight dollars and no cents ($288,358.00), the particulars of which bid are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of forty thousand dollars and zero cents ($40,000.00). BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Project Construction Agreement with Redgwick Construction Company. Reso No. 121-19, Adopted 11/19/19, Item No. 4.8 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 19th day of November, 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None a. Mayor ATTEST: L IoSd City Clerk Reso No. 121-19, Adopted 11/19/19, Item No. 4.8 Page 2 of 2 .k90 CITY OF DUBLIN City Hall, 100 Civic Plaza Dublin, California 94568 CONSTRUCTION AGREEMENT The City -of Dublin, ("City") enters into this agreement, dated for reference purposes only, with Redgwick Construction Company, 21 Hegenberger Court, Oakland, CA 94621, ("Contractor"). ,RECITALS A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by November 5, 2019 for.the Alamo Creek Trail Repair Project by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law. B. BID OPENING. On November 5, 2019, City representatives opened the bids for the Alamo Creek Trail Repair Project, CIP No .ST0219 and read the bids aloud. C. PROJECT AWARD. On November 19, the City Council awarded the Alamo Creek Trail Repair Project to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor's providing executed copies of all documents specified in the contract check list included in the bid package within fifteen (15).calendar days of receiving written notice of award of the project. D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within fifteen (15) calendar days of receiving written notice of award. AGREEMENT TERMS The City and the Contractor agree as follows: THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the Alamo Creek Trail Repair Project ("Work") as shown in the Technical Specifications and Project Plans in accordance with the Contract. Documents and applicable law. 2. LOCATION OF WORK. The Work will be performed at the following location: Alamo Creek Trail intersection with Amador Valley Road and approximately 1050 lineal feet south in Dublin, California. 3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within Thirty-five (35) working days from the date specified in the City's Notice to Proceed ("Time for Completion"). 4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification. to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor's obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City's remedies for the Contractor's failure to perform include, but are' not limited to, assessment of liquidated damages of $500.00 per day pursuant to California Government Code Section 53069.85 and section SC-03 of the Special Conditions, and/or obtaining or _providing for substitute performance in accordance with the Contract Documents. 5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor's obligations under the Contract Documents, the City will. pay the Contractor in lawful money of the United States the total price of Two Eighty-eight Thousand, Three Hundred Fifty-eight dollars and no cents ($288,358.00) (the "Contract Price") as specified in the Contractor's completed Bid Schedule dated November 5, 2019, and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City's obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such. charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents. 6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the'California Department of Industrial Relations. The contractor or subcontractor(s) shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract, for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized. by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to California Labor Code Section 1725.5 at the time the contract is awarded. 7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents . ("Contract Documents" The Contract documents consist of the Plans as signed by the City Engineer and issued for the project, and the entire set of Specifications incorporating Sections P, IB, GC, SC, TP, including the appendices, all addendums and change orders issued.), all of which are incorporated into and made a part of this agreement as if set forth in full. See section'GC-14 general for document precedence in the event there is a conflict that arises from section GC-14 "Document Precedence", shall be per the following provisions. Written numbers and notes on a drawing govern over graphics, a detail drawing governs over a general drawing, a detail specification governs over a general specification, and a specification in a section governs over a specification referenced by that section. In the event of a conflict between or among the Contract Documents, precedence will be in the following order: 7.1 This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor. 7.2 The Technical Provisions and change orders and other amendments to the Special Conditions signed by authorized representatives of the City and the Contractor. 7.3 The Special Provisions, addenda to the General Conditions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor. 7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of 'the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor. 7.5 The General Provisions 7.6 The Project Specifications. 7.7 The Revised Standard Specifications. 7.8 The Standard Specifications. 7.9 The City's standard plans. 7.10 Revised Caltrans standard plans. 7.11 Caltrans standard plans. 7.12 Notice Inviting Bids. 7.13 Instructions to Bidders. 7.14 The successful bidder's completed Proposal Form and Bidder's Sheet. 7.15 The successful bidder's completed Contractor License Information. 7.16 The successful bidder's completed List of Proposed Subcontractors. 7.17 The successful bidder's Insurance Certifications. 7.18 The successful bidder's completed Non -collusion Affidavit. 7.19 The successful bidder's Debarment Certification. 7.20 The successful bidder's completed Certificates of Insurance and Endorsements. 7.21 The successful bidder's executed Performance Bond. 7.22 The successful bidder's executed Payment Bond. 7.23 Executed Escrow for Deposit Agreement, if applicable. 7.24 Change Order Form. 7.25 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract. 7.26 The successful bidder's Qualification Statement, if any. 7.27 The successful bidder's signed Signature Form. 8. AMENDMENTS. This Agreement may be amended from time to time as necessary by formal and written amendment executed by the City Manager or his.designee and principal acting on behalf'of the Contractor. 9. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in ..the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a. part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require. 10. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of. the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final. 11. ASSIGNMENT PROHIBITED. The Contractor may. not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor's surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor's sureties will be void and a material breach of this agreement subject to all -available remedies under this agreement and at law and equity. 12. CERTIFICATION OF CONTRACTOR'S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type "_�" license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to. the California Business and -Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 13. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.. 14. INSURANCE. Contractor Agrees to have and maintain the insurance coverages and polices set forth in Exhibit A to this Agreement, "Insurance Requirements", which is incorporated by, this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required insurance coverage during this agreement shall constitute a material breach of this Agreement. The cost of such insurance shall be included in the Contractor's bid. a. Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers' compensation insurance as required by law. b. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by the Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractors further agree to include these same provisions with any sub -subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included. in the Agreement prior to commencement of any work and will provide proof of compliance to the City. c. The policy or policies required by this Agreement shall be issued by .an insurer admitted in the State of California. d. Contractor agrees that if it does not keep the aforesaid insurance in full force and .effect, City may terminate this Agreement. e.. At all times. during the term of this Agreement, Contractor shall maintain on file with 'the City a certificate or certificates of the required insurance as set forth in the Exhibit A Insurance Requirements showing that the required insurance policies are in effect in the required amounts. It is requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage for coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater. 15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees.to defend (with legal counsel selected by the City), including the cost to defend,. indemnify and hold harmless the City, its elected and appointed officials, officers, attorneys, agents, employees, consultants, and volunteers, and each of them from and against any and all claims, damages, losses and expenses, including attorney's fees, and from any and all suits, actions or claims filed or brought by and all person or persons arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any.of.them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration. The. parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor. b. Survival. Contractor and any subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time. allowed by law. c. No Limitation by Insurance Obligations. The defense and. indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement d. Scope. This section shall in no event be construed to require indemnification by Contractor to a.greater extent than permitted under the public policy of the State of California. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting . to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, and volunteers, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. The Contractor assumes all liability for any accident or accidents resulting -to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, and, volunteers from such liability. The Contractor will indemnify, defend and hold harmless the City, the City's officials, officers, employees and volunteers for all.liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor's performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. 16. -BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond and payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the City, guarantying the performance of the terms of this Agreement. 17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace, restore, or rebuild, as the CITY may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period after the date of the City Council's acceptance of the project. This Article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer give a guaranty for a longer period, nor does it limit the other remedies of the City in respect to a latent defect, fraud or implied warranties. Contractor shall furnish the City all appropriate guaranties or warranty certificates upon completion of the project. 18. MAINTENANCE. BOND. The Contractor further agrees to post a maintenance bond in the amount equal to at least 10 percent (10%) of the total value of the entire work ,prior to CITY's acceptance of the project. The maintenance bond shall remain in effect for a period of one (1) year after the City Council's acceptance of the work to guarantee the repair and/or replacement of the defective materials provided and/or workmanship performed under this contract. 19. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code. section 9201, the City. Shall provide the Contractor with notice of Claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in.. providing the notification. 20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring, and bracing for all trenching and excavations in accordance to applicable Safety Regulations, and the California Labor Code. Attention is directed to Sections 6423; 6424, 6705, and 6707 of the Labor Code of the State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards -Excavation, and elsewhere within these Contract Documents. The Contractor shall not commence with any excavation with a depth of five feet or deeper without first complying with all applicable Labor Code and Safety Regulations. The Contractor shall designate a competent person who is responsible for trench and structure excavation, shall obtain 'a Cal/OSHA Safety Permit for excavation, and shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. 21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with the Contract Documents, any changes or extra work must be authorized in writing by the City prior to the Contractor performing said work. Contractor further acknowledges that it is solely responsible for obtaining written authorization from the City and that it shall not be compensated for any additional work, performed without said written authorization. Oral authorization shall not be sufficient to bind the City absent specific written authorization. 22. MEDIATION. All claims for $375,000 and less shall be arbitrated pursuant to the provisions of Public Contract Code Section 20104 et seq. Executed on 2- PKAI 4r a/G , by CONTRACTOR Redgwick Constr on Company d President Title: [Attach Notary Page] By: Christopher L. Floss Title: City Manager Attest: wlon. EMS! CALIFORNIA CERTIFICATE OF 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 A-lwha(4 ) On A/odeM 6 ? 0 1e1 before me, G)o yvl LLe, No¢a,vt (here insert Wme a d title of the officer) personally appeared Se -)A Pr,, yn P-6; who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/aFe-subscribed to the within instrument and acknowledged to me that he/sbeM-tey executed the same in his/hefA4Q4 authorized capacity(i6j, and that by his/h@FAheiF signatures on the instrument the person�j, or the entity upon behalf of which the person) acted, executed the instrument.. I certify under PENALTY OF PERJURY under the laws of the . State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature u-'ri )%y►y� SAMUEL FRYE COMM. #2230754 z W • Notary Public California o z' Alameda County M Comm. Expires Feb. 9, 2022 (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ,Sio -30- 93SV Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ACOR0® �. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 11/21/2019 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 Arthur J. Gallagher & Co. Insurance Broker of California Inc. I LIC #0726293 1255 Battery Street, Suite 450 CONTACT Certificate Department PHONE FAX A/C No Ext : 415-391-1500 ac No): 415-391-1882 aDORess: CertRequests@ajg.com San Francisco CA 94111 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: The Travelers Indemnity Company of CT 25682 INSURED REDGCON-02 Redgwick Construction Co. 21 Hegenberger Court INSURER B: Travelers Property Casualty Co of America 25674 INsuRERc: Evanston Insurance Company 35378 INSURER D : Oakland CA 94621 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:286073033 REVISION Nt1MRFR- 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 LTR TYPE OF INSURANCE ADDL D SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y DT22-CO-366K4685-TCT-18 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO 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: GENERAL AGGREGATE $2,000,000 POLICY � PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y DT-81 0-1 L612615-TIL-1 8 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ .-Comp/Coll Deduct $ 1,000/$1,000 B UMBRELLA LIAB X OCCUR Y CUP-OJ404992-18-26 12/31/2018 12/31/2019 EACH OCCURRENCE $10,000,000 X AGGREGATE $10,000,000 EXCESS LIAR CLAIMS -MADE DED X RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y UB-OJ403829-18-26 12/31/2018 12/31/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1.000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Excess /2ndLayer MKLV2EUE100542 12/31/2018 12/31/2019 Each Occurence 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Excess / Umbrella follows form over the general liability, auto, and employers liability policies. CIP No. ST0219 RE: Alamo Creek Trail Repair Project. ADDITIONAL INSURED(S): City of Dublin, its officers and employees. NOTICE OF CANCELLATION: The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. 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 Dublin 100 Civic Plaza Dublin, CA 94568 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy Number: DT22-CO-366K4685-TCT-18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) m In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving , or failing to prepare or ap- prove, drawings and specifications; and Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Policy Number: DT22-CO-366K4685-TCT-18 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 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. 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 B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured - Newly Acquired Or Formed Organizations F. Who Is An Insured - Broadened Named Insured - Unnamed Subsidiaries G. Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. "DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. H. Blanket Additional Insured - Lessors Of Leased Equipment I. Blanket Additional Insured - States Or Political Subdivisions - Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability- Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollu- tion Injury Or Damage or Total Pollution Ex- 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 92011 The Travelers Indemnity Company. All rights reserved. Pagel of 6 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 3. The following replaces Paragraph 6. of SEC- TION III - LIMITS OF INSURANCE: Subject to 6. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(I)(b) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c ) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph I.b. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph I.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (h) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 © 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 SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I - COV- ERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded orreceived. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who is An Insured. E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II - WHO IS AN INSURED: 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 18oth day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED- BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CG 03 16 1111 02011 The Travelers Indemnity Company. All rights reserved. Page 3 of6 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-366K4685-TCT-18 G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or"personal injury" or"adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or 'demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is.added to SECTION II -WHO IS ANINSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II - WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of © 2011 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 as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or, "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 1.1- Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint' enture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (ii) A manager of any limited liability company; or (iii) An executive officer or.director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- 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- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at anytime. N. CONTRACTUAL LIABILITY - RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph QI) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 ©2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 1111 COMMERCIAL AUTO Policy Number: DT-810-1 L612615-TIL-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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, damage 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. 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. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIREDAUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE- INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage underthis provision is afforded only un- J I the 180 th day after you acquire or form the or- ganizationor the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE - LOSSOF USE —INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTOCONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by Your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 02015The Travelers Indemnity Company. All rights reserved. Page 1 of4, Includes copyrighted material of Insurance services Office, Inc. with its pe'�rmission. COMMERCIAL AUTO Policy Number: DT-810-1 L612615-TIL-18 permiss1on, 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". (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 "insured" 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. (iii)We may, at our discretion, participate E3. 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- pay 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 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 of SECTION II - COVERED AUTOS LIABIL- SECTION II -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 (6) in 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" whetherprimary, 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 "employees", 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 2015 The Tra elers Indemnity Company. All rightsreser red. CA T3 53 0215 Incl. descopyrighted ma terialofInsurance Services Office. Inc. with is pennission COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) II is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph 0 ., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY Policy Number: DT-810-1 L612615-TIL-18 (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "lass" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensiveCoverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionallyinflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV- BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You {if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OFSUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- 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 - tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" pare) 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 T3 53 0215 Q_2015The Travelers Indemnity Company. All rightsreserved. Page 3 Of 4 Includes copyrighted material of Insurance Services Office:, Inc. with its permission. COMMERCIAL AUTO Policy Number: DT-81 0-1 L612615-TIL-1 8 such contract. The waiver applies only to the The unintentional omiss1on 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: Page 4 of 4 - 2015 The Travelers Indernnity Company. All rights reserved. CA T3 53 02 15 includes copyrighted material of Insurance Services Office, Inc. with its permission TRAVELERS ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITYPOLICY 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 ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Job Description BLANKET WAIVER OF SUBROGATION. 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 1 of 1 CITY OF DUBLIN DATA SHEET: BONDING COMPANY/INSURANCE COMPANY Data Regarding Bonding/Insurance Company and Representatives' Authority to act in Connection with Bonds/Insurance Certificates Issued to: City of Dublin Project No.: ST0219 Project Title: Alamo Creek Trail Repair Date of Agreement / Contract: November 19, 2019 I, the undersigned, hereby certify that I am authorized to issue the attached documents for: Full Name of Bonding/Insurance Company: The Ohio Casualty insurance Company Mailing Address: 255 California St. City, State, Zip Code: San Francisco, CA 94111 Phone: 800.293.2521 My name, address and license number with the California Insurance Commissioner is as follows: * Name: K. Zerounian Address: 1255 Battery St. City, State, Zip Code: San Francisco, CA 94111 Phone: 415.391.1500 Broker's License No.: OA45863 If not applicable, explain why: I declare under penalty of perjury that the foregoing is true and correct. Execuled'� San Francisco , California, on the 21st day of November 2019 ,)UJM. * Authori ed Represtative (Signature) * K. Zer unian, Atto 'y-in-Fact name, capacity, or title) * The name and signature should be the same name and signature as shown on the bond/insurance documents. 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 November 21, 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. Signaturey �� BETTY L. TOLENTINO COMM. #2186585 NOTARY PUBLIC-CALIFORNIA SAN FRANCISCO COUNTY My Comm. Expires Apr.12, 2021 (Seal) This Power of Attorney limits the acts of those named herein, and they have no authority to 10� bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutua. The Ohio Casualty Insurance Company Certificate No: 8197921- 024125 SURETY 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, Julia Ortega, Susan M. Exline, Gillian Bhaskaran, all of the city of Lafayette state of Califomia; Susan Hecker, M. Moody, Janet C. Rojo, R.A Bass, Virginia L. Black Brittany Kavan, T. Le, Maureen O'Connell, Kevin Re, Betty L. Tolentino, Robert P. Wrixon. K. Zerounian all of the city of San Francisco state of Califomia 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 Ts 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 7th day of November , 2018 . Liberty Mutual Insurance Company X. \NSU,pq P�S1 INs& 0 \NSURq The Ohio Casualty Insurance Company °oaPORar�'Lp y� °OaPORv��y �6P°oRP0 yLn West American Insurance Company � 3 ocn Q3 o m W 3 Fob+ 1912 3 v1991 yy1919�0 dp1 S'rACHVs�.aa O �f/AMPsa`,aa� Ys vn'°IANr' .da3 �/" `: 8/7 * �� �'yl * t� �M * 1 By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY U) N (V N a) On this 7th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual can nsuranceompany, ane, as such, authorized so to do, execute the foregoing instrument for the purposes Insurancel o Company, The Ohio Casualty Company, and West American ICompany, that he, being — > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o w ca 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. N U) 5N PAST Nyy F" COMMONWEALTH OF PENNSYLVANIA Y dNotarial Seal���C�d� ++ �� °° OF 2 y Teresa Pastella, Notary Public O Upper MertonTwp., Montgomery County By: C: My�SYLVP�O My Commission Expires March 28,2021 Teresa Pastella, Notary Public Membe , Pennsylvanla Assoclatlon of Notaries (0 N mThis 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 0.S Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: E ai 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 to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety CO > N any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-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 executed, such 0 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 attomeyan-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. 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, 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 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. 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 attomeys-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 21st day of November , 2019 . P\ INS U� t1 INS& \NSUo �J T yo yJ c°aPO�r�y �VPc°ON yp J3 �c� Q3 FOCt �? FoRt 1912 oy1919�o a 1991 0 "G C� ss4cH°5``�da y0 NAMpsas !s /A,.,.. aa3 By. Renee C. Llewellyn, Assistant Secretary Y, 0 c� d' C ca O O c m m ar 0 N N M 0 b LMS-12873 LMIC OCIC WAIC Multi Co 062018 CITY OF DUBLIN DATA SHEET: BONDING COMPANY/INSURANCE COMPANY Data Regarding Bonding/Insurance Company and Representatives' Authority to act in Connection with Bonds/Insurance Certificates Issued to: City of Dublin Project No.: ST0219 Project Title: Alamo Creek Trail Repair Date of Agreement / Contract: November 19, 2019 I, the undersigned, hereby certify that I am authorized to issue the attached documents for: Full Name of Bonding/Insurance Company: %.ybERTy MUT,y Al, l NSvZNCE CoakeAm y Mailing Address: 2� S Cali touvLi r� cj� �jvi ae.. �S O City, State, Zip Code: 6tA& IF�/"e-i► .c.o. C.� �i� 111 Phone: 4 k5 - 5 S_ 1 2S0q My name, address and license number with the California Insurance Commissioner is as follows: * Name: Gw i v, Ze Address: l Z SSv�1 City, State, Zip Code: 'SxAa. 1�7yu,%Ac iS,Lo CA 6k4r 111 Phone: /-%5 - ZaS - 16 Mo Broker's License No.: d %D 2� If not applicable, explain why: I declare under penalty of perjury that the foregoing is true and correct. �+ 2.01q . Executed at L SPa fe.� .be , California, on the= day of tJWeA�✓ , 29l'8: * Authorized Representative (Signature) * ��� ?-Q- . 4e..•` \ i cg- (Typed name, capacity, or title) * The name and signature should be the same name and signature as shown on the bond/insurance documents. CERTIFICATE OF INSURANCE General and Automobile Liability The undersigned insurance company hereby certifies to the City of Dublin, California that it has issued a policy of DT22-CO-366K9685-TCT -18 insurance bearing Policy No. to _T.V,,.lnda riwtyCompany ocCr in connection with the improvement generally described as Alamo Creek Trail Repair, Project No. ST0219, being a certain general and automobile liability policy which names the City of Dublin, its officers and employees as additional insured, and which insures said City, officers and employees against liability of financial loss resulting from Injuries occurring to persons or property in or about or in connection with said work of improvement; including, but not limited to, coverage for all work performed by, for or on behalf Redswick Construction Company. Said policy of insurance. provides coverage in the amounts that meet or exceed the requirements in "EXHIBIT A -= INSURANCE REQUIREMENTS" This policy provides: (1) primary coverage for additional insured parties; if said additional insured have other insurance against loss covered by this policy, the other insurance shall be excess insurance only, and (2) That said additional insured parties are not precluded from claim under this policy against other insured parties. Contractor shall provide thirty (30) days written notice by certified mail, return receipt requested, has been given to the City Clerk for each insurance policy required by this Contract prior to cancellation. Te�ve iwS ��wa2r+uu� �v [owe a.� :� CT Address of Signatory: Insurance Company Authorized Signature (Sign) ��'J; Vk— Authorized Signa Contractor BobahaN REDGWICK CONSTRUCTION CO. President Authorized Signature (Sign) VERIFICATION �✓�ytGt��o + �� � 'Ill i declare under the penalty of perjury that I am authorized to sign this Certificate on behalf of the above -named insurer. Executed at LA.4a'Je_%ie_ , California, on the 22'" d` day of-0oyeuchw . 2019. Authorized Signatory .(Sign) 4'J I %A- 1_ (Type Name) SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, this day of . 2019. (Sign) (Type Name) * If this -certificate is executed outside of California, it must be sworn to before a Notary Public. FORM APPROVED: . 2019, by 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 Contra Costa ) On November 22, 2019 before me, Susan M. Exline,: Notary Public (insert name and title of the officer) personally appeared Kevin Re 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. *my SUSANM.EXUNE WITNESS my hand and official seal. Notary Public-CaUtornia Contra Costa County Commission N 2310501 Comm. Expires Oct 31, 2023 Signature (Seal) CERTIFICATE RELATING TO WORKER'S COMPENSATION INSURANCE I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under contract or agreement with the City of Dublin (check one of the following): C I will have in full force and effect Worker's Compensation Insurance pursuant to the attached Certificate of Worker's Compensation Insurance issued by an admitted insurer. Said certificate shall state that there is in existence a valid policy for Worker's Compensation Insurance in a form approved by the California Insurance Commissioner. The certificate shall show the expiration date of the policy, that the full deposit premium on the policy has been paid and that the Contractor will give City at least ten (10) days advance notice of the cancellation of the policy (an exact copy or duplicate of the Certificate of Worker's Compensation Insurance certified by the Director of Industrial Relations or the insurer may be attached). I have in full force and effect and have attached hereto a Certificate of Consent to Self -insure issued by the Director of Industrial Relations (an exact copy of duplicate thereof certified by the Director may be attached). I declare under penalty of perjury that the foregoing is true and correct and executed on this 2 v y, day of illy L14W 3 oW , 2019 at Dublin, California. By: Bob Rahebi President Official Title REDGWICK CONSTRUCTION CO. On behalf of: Contractor NOTE: The Contractors Workers, Compensation Insurance Certificate shall meet .the requirements stated above, and it must.be attached .to the Proposal and submitted with the proposal. The Contractor may be required to have Workers Compensation Insurance. if you have someone working for you. For further information on these requirements, contact the Office of the Director of Industrial. Relations, 1515 Clay Street, 6'h Floor, Oakland, CA, 94612 (510) 622-2866. BUSINESS LICENSE The Licensee paid to the City of Dublin the required business license fee and is hereby granted a license for the period stated, to conduct, carry on or engage in the business set forth herein, in conformity with Dublin Municipal Code 4.04 within the City limits. Licensee: REDGWICK CONSTRUCTION CO Location: 21 HEGENBERGER Owner(s): BOB RAHEBI REDGWICK CONSTRUCTION CO 21HEGENBERGER OAKLAND, CA 94621 City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833-6620 DESCRIPTION: Construction: Grading, Paving, Asphalt Number: BL-003428 Effective Date: 12/1/2019 Expiration Date: 9/30/2020 PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htmfor information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO Redgwick Construction Company 140057A MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO. 21 Hegenberger Court, Oakland, CA 94621 (510) 792-1727 NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED Alamo Creek Trail Repair Project 11/19/2019 Alamo Creek Trail & Amador Valley Blvd. Dublin, CA. DATE OF EXPECTED OR ACTUAL START OF PROJECT 12/10/2019 NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOUR: City of Dublin TBD 100 Civic Plaza, Dublin, California 94568 OCCUPATION OF APPRENTICE Laborers THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS Per Standards Northern California Laborers Joint Apprenticeship Training Committee APPROXIMATE DATES TO BE EMPLOYED 1001 Westside Drive, San Ramon, CA 94583 12/2019 - 02/2020 Fax: 925-828-6142 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below 1. x❑ We are already approved to train apprentices by the Northern CA Laborers JATC Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the committee 3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of joumeyman/men. Signature Typed Name Title Bob Rahebi President State of California - Department of Industrial Relations DIVISION DAB 140 (REV. IM) OF APPRENTICESHIP STANDARDS Fernando Pacheco From: postmaster@norcaltc.org To: DAS140 LTC Sent: Thursday, November 21, 2019 3:55 PM Subject: Delivered: DAS 140 Laborers Your message has been delivered to the following recipients: DAS140 LTC (das140C5)norcaItc.orc Subject: DAS 140 Laborers DAS 140 Laborers } 19 82 Urban Runoff Requirement Acknowledgement `1LIFOR� Project Name: Alamo Creek Trail Repair. Project/Permit #: ST0219 Site Address: Alamo Creek Trail Intersection with Amador Valley Boulevard Date:1l06f-�14f2 20'a 20/17 The Contractor is required to Acknowledge receipt of the following requirements by signing below: Allowable Discharges: Clean rainwater and Conditionally Exempt Discharges are the only allowable discharges into the storm drain system or creek. Federal, state and local laws mandate this. 2. Storm Water Pollution Prevention Plan (SWPPP): The purpose of SWPPP is to provide, .guidance in controlling and preventing polluted runoff using Best Management Practices (BMPs). Simply installing a BMP is not sufficient, it needs to control pollutants. SWPPP and BMPs shall be modified; if the BMPs are not sufficiently controlling the discharge, or as site conditions may require. BMPs are required irrespective of whether a specific SWPPP submittal is required. If your project/permit requires a SWPPP, failure to maintain compliance with the SWPPP can lead to suspension of the SWPPP, resulting in a Stop Work Order. Failure to prevent discharge of pollutants will lead to enforcement actions. The term "SWPPP" is intended to include Erosion Control Plans. 3: Enforcement: The City has the authority to enforce urban runoff violations. Enforcement actions include Deficiency Notices, Notice of Non -Compliance, SWPPP Suspension, Stop Work Order, Administrative Citations, referral to City, Attorney for criminal prosecution, and referral to Regional Water Quality Control Board. Bonding companies will be notified when Notices of Non -Compliance are issued. The Contractor may be required to hire a qualified licensed civil engineer to observe Best Management Practices .(BMPs) and provide .guidance for improvement for the duration of the project, after a combined total of 3 or more Stop Work Notices.or Notice of Non -Compliance. 4. Subcontractors: The General Contractor is responsible for urban runoff compliance for the site, including all work performed by general contractor, subcontractors, and suppliers. General Contractor shall inform and train subcontractors and suppliers on all BMPs and SWPPP requirements. BMPs shall be employed in a manner to .capture all pollutants so they do not leave the site. 5. Best Management Practices (BMPs): BMPs shall be installed before the construction begins, typically before starting initial .clearing,, grubbing, demolition, and grading; and shall be maintained at all times, not just during the rainy season or when rain is predicted. Review all BMPs for compliance at the end of the day and before a weekend, and make required corrections. If, in the City's judgment; the Contractor has inadequately prepared the site and rain is in the forecast, the Contractor will be notified to make immediate corrections. If Contractor is unable to make the corrective actions, the City will issue; a Notice of Non - Compliance and implement corrective action at the Contractor's expense. 6. Site Inspection: The_City may perform inspections at any time, especially before, during and after rain events. SWPPP inspection checklists will be completed for every visit, which may result in corrective actions. Corrective actions must be performed within the time allotted. 7. Proper Material Disposal Required: Proper disposal of all materials (such as paint, oils, excess concrete, etc) in accordance with federal, state, and local laws is required. Per Dublin Municipal Code Title VI I, Chapter 7.74, it is unlawful to dispose of wastes or pollutants into storm drains or watercourses. 8. After -Hours Compliance: In the event that a discharge from this site is' reported to Dublin Dispatch, the City will respond, assess the situation, and attempt to reach -the Contractor for immediate corrective actions. If the Contractor cannot be reached, the Standby Person will arrange for installation of necessary BMP's and clean up any discharges that have occurred. The Contractor is responsible for reimbursement of all costs associated with any installation or clean up. 9. Notice of Intent to Comply with State General Construction Permit (NOI): Sites greater than 1 acre are also governed by the State Regional Water Quality Control Board's (RWQCB) General Construction Permit. Permit requirements are found on the RWQCB's website (www.swrcb.ca.gov/stormwtr/index.htmi) and have been incorporated into the. SWPPP. Compliance with State General Permit requirements, such as monitoring, is the responsibility of the Contractor. The Notice of Intent (NOI).has also been incorporated into the SWPPP. The State may 9_1s0 inspect this site for SWPPP and BMP compliance. 19151-IF; 6a N6)3t is listed on this site's NOI as the qualified person assigned responsibility to ensure full compliance with the Permit. If the listed person is different than the Contractor's representative, the Contractor's representative is deemed to share equally in responsibility for Permit compliance. Contractor acknowledgement: I,_��� �� f i �"L` hereby certify that understand the urban runoff prevention requirements and enforcement steps that may be taken for violations. I agree to pass on this information to all subcontractors and suppliers. The requirements listed herein are not all-inclusive; it is my responsibility to insure compliance with. urban runoff prevention requirements. Business Name: FiEDGWICK CONSTRUCTION CO. Date: � 1 Print Name (Site Superintendent) IZ4Z p14 YEA- 1 4s Signature gad �PC� Office phone number: Fax number: -3 «' -S �6 24 hour emergency number: Cell phone number: >33- `���� PERFORMANCE BOND Alamo Creek Trail Repair, CIP No., ST0219 Executed in two counterparts Premium: $2,076.00 Bond No. 070207994 (NOTE: Bidders must use this form, use of any other bond form may render a bid non -responsive) KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City Council of the City of Dublin has awarded to Redgwick Construction Company (designated as the "PRINCIPAL") a contract for the Alamo Creek Trail Repair, CIP No. ST0219, which contract and all of the contract documents as defined therein (designated as the "Contract") are hereby made -a part hereof; and WHEREAS, said PRINCIPAL is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract; NOW, THEREFORE, WE, the PRINCIPAL and The Ohio Casualty Insurance Company as surety (designated as "SURETY"), an admitted surety insurer authorized to do business -in the State of California, are held and firmly bound unto the City (designated as "OBLIGEE"), in the penal sum of Two. Hundred Eighty-eight Thousand Three Hundred Fifty-eight dollars and no cents ($288,358.00), lawful money of the United States for the payment of which,sum well and truly to be made, We bind ourselves, our heirs, executors, and administrators, and successors, jointly and, severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bound PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration thereof made as therein'provided, on his or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the OBLIGEE, it's officials, officers, employees, volunteers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications or the plans accompanying the same or to any other part of the contract documents, as defined therein, shall in any way affect said.SURETY's obligation on this bond, and the SURETY does hereby waive notice of any such change, extension of time, alteration or addition. And the -said SURETY, for value received, hereby stipulates and agrees that upon termination of the Contract for cause, the OBLIGEE reserves the right to refuse tender of the PRINCIPAL by the SURETY to complete the Contract work. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 21st day of November , 2019, the name and corporate seals of each corporate party'being hereto affixed and these presents duly signed by their undersigned representatives, pursuant to authority of their governing bodies. "- -(Corporate Seal} I -- (Acknowledgment) - PRINCIPAL Redgwick Construction Co. By �. Title AM Rahabi President (Corporate.Seal) SURETY The Oh' ualty Insurance Company By ( ttorneys-i =fact) K. Zerounian (Acknowledgment) Title Attorne�in-Fact (NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorney -in - fact must be submitted with and attached to the executed bond.) CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notarypublic 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 A IhNe d c ) On /I/oyem,L,oZ 22" `4 2 0) q before me, 11y-n'&e'1 r r-ie—, A/o-f �t M (here in rt earne and title of the officer) personally appeared RoL,t)�e,6� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(,K is/are subscribed to the within instrument and acknowledged to me that he/shefhhey executed the same in his/herf hrirL authorized capacity(iC, and that by his/he4their signature(sl on the instrument the person(4), or the entity upon behalf of which the personfs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A».Pg �> SAMUEL FRYE COMM. #2230754 0 � Notary Public - California o Z Alameda County M Comm, Expires Fab. 9 2022 (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing 4 `E Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: S)Q-3u3-Yl8y Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) El © Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. 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 November21, 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. BETTY L. TOLENTIIVO WITNESS m hand and official seal. r ` ` COMm. #2186585 y NOTARY PUBLIC-CALIFORNIA SAN FRANCISCO COUNTY -° My Comm. Expires Apr.12, 2021 Signature `�� (Seal) 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. Liberty mutual® SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197921- 024125 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, Julia Ortega, Susan M. Exline, Gillian Bhaskaran, all of the city of Lafayette state of California; Susan Hecker, M. Moody, Janet C. Rojo, R-A Bass, Virginia L. Black, Brittany Kavan, T. Le, Maureen O'Connell, Kevin Re, Betty L. Tolentino, Robert P. Wrixon, K. Zerounian all of the city of San Francisco state of California 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 7th day of November , 2018 . to a) c m State of PENNSYLVANIA 5 County of MONTGOMERY O a) C N N U) Ol `' 1= S L d 0 co Liberty Mutual Insurance Company P� INst,Rq P�S1( INS& %NSuo The Ohio Casualty Insurance Company �J �oRPOR.a, 2n 5J �OaPO"aT `9y �GP�OaPORaT �° West American Insurance Company Z 2 mo mo R' W ? Fo cn 1912 0 ° 1919 1991 0 r v �' 3 y a �" ° Q O // �J il� S'r4CH°S�.da ° "AP �S1 �A'DINO44 ' ,aa3 r By: David M. Carey, Assistant Secretary c. rn rn N C On this 7th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o 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 — therein contained by signing on behalf of the corporations by himself as a duly authorized officer. tLI �E 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. Q, 5P PASI Q c; N4y� ��� COMMONWEALTH OF PENNSYLVANIA o <2 y Notarial Seal OF Teresa Pastella, Notary Public Upper MerionTwp., Montgomery County By My Commission Expires March 28, 2021 VPa l?pqI?NY Member, Pennsylvania Association of Notaries Pastella, Notary %N 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 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, 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 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 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. 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, 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 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. 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 21st day of November , 2019 . P� 1NSpol � GD(iPD7�TO�� PG°(tP0/y�T&tg'y� VP °pPRyQry O ? F 2 F 2G F 59t 01A1912 0 1919 1991 2 Al 0 Q g d� sSACH°5`�aa y°"da3 y Renee C. Llewellyn, Assistant Secretary OC:) _ M Q � O� C I_ O Co 1 p O o c o(D Y� a� ca -Q >o mA Y N W E N C`•) C CO 00 0 r O C° LMS-12873 LMIC OCIC WAIC Multi Co 062018 PAYMENT/LABOR AND MATERIAL BOND Executed in two counterparts Alamo Creek Trail Repair, CIP No. ST0219 Premium included in charge for performance bond Bond No. 070207994 (NOTE: Bidders must use this form, use of any other bond form may render a bid non -responsive) KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City Council of the City of Dublin has awarded to Redgwick Construction Company (designated as the "PRINCIPAL") a contract for the Alamo Creek Trail Repair, CIP No. ST0219, which contract and all of the contract documents as defined therein (designated as, the "Contract") are hereby made a part hereof; and WHEREAS, pursuant to California Civil Code Section 9550, the PRINCIPAL is required, before entering upon the performance of the Contract, to file a payment bond with and have such bond approved by the officer or public entity by whom the Contract is awarded; and WHEREAS, pursuant to California Civil Code Section 9554, such. payment bond must be in a sum not less tha.n:one hundred percent (100%) of the total amount payable by the terms of the Contract, and must satisfy the other requirements specified in that section; and WHEREAS, the -PRINCIPAL is required in accordance with the Contract to furnish a payment bond in connection with the Contract to secure payment of claims of laborers, mechanics and material men employed on work under the Contract in accordance with applicable law; NOW, THEREFORE, THESE PRESENTS WITNESSETH: That the PRINCIPAL and the undersigned The Ohio Casualty Insurance Company , as surety (designated as "SURETY"), an admitted surety insurer authorized to do business.in the State of California are held and firmly bound unto all laborers, material men, and all other persons, named in California Civil Code Section 9100 in the sum of Two Hundred Eighty-eight Thousand Three Hundred Fifty-eight dollars and no cents ($288,358.b0), lawful money of the United States, being a sum not less than one hundred percent of the total amount payable by the terms of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL or any of the PRINCIPAL's subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of'them, shall fail to pay any persons named in California Civil Code Section 9100,or fail to pay for any labor, materials, provisions, provender, or other supplies used in, upon, for or about the performance of the work contracted to be done,. or for any work or labor thereon of any kind, or fail to pay amounts due under the Unemployment Insurance Code with respect to such work or labor, or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL or any subcontractors of the PRINCIPAL pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, that the SURETY will pay for the same in an amount not exceeding the amount herein above set forth, and also, in case suit is brought upon this bond, will pay a reasonable attorney's fee to be awarded and fixed by the Court; otherwise this obligation shall be void. It is hereby expressly stipulated and agreed by the said Surety, forvalue received, that this bond shall inure to the benefit of any and all of the persons named in Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond. It is hereby further expressly stipulated and agreed by the said Surety, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or the specifications or drawings. accompanying the same or to any other part of the contract documents, as defined therein, shall in any manner affect the obligations of the SURETY on this bond, and SURETY does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 21st day of November 2019 the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by their undersigned representatives, 'pursuant to authority of their governing bodies. (Corporate Seal) PRINCIPAL Redgwick Construction Co. - By — (Acknowledgment): Title Bah Ral"I Di President (Corporate Seal) SURETY The Ofjin,Casualty Insurance Company By K. Zerounian (Acknowledgment) Title Attorn �y-i n -Fact (NOTE TO SURETY COMPANY. • A certified copy of unrevoked resolution of authority for the attorney -in- fact must be submitted with and attached to the executed bond.) CALIFORNIA CERTIFICATE OF 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 h 1Gr m P-d-c. ) On A/ov?1'hbal 72r`A, ?alb before me, f= arn��� �+'Lle r PLtb)Al-+a1,!i (here insert name an itle of the officer) personally appeared Bob t2e k,--b, who proved to me on the basis of satisfactory evidence to be the person(sl whose nameW is/are-subscribed to the within instrument and acknowledged to me that he/sheA+rey executed the same in his/ha4t4t& authorized capacity(, and that by his/he&ireir signature(- on the instrument the personK, or the entity upon behalf of which the person(l acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� Optional Information SAMUEL rRYE o COMM. #2230754 z 1Z o Notary Public - California o z Alameda County My Comm. Expires Feb. 9, 2022 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing - u . Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ,S 1D — 3p3 —13 8 `f Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. 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 November21, 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. BETTY L. TOLENTINO . COMM. #2186585 '0 WITNESS my hand and official seal. 0 NOTARY PUBLIC-CALIFORNIA 00 SAN FRANCISCO COUNTY -� l Q fl4y Comm. Expires Apr. 12, 2021 Signaturey�� (Seal) 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. Liberty SURETY {f Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197921- 024125 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, Julia Ortega, Susan M. Exline, Gillian Bhaskaran, all of the city of Lafayette state of California: Susan Hecker- M. Moody- Janet C. Roio- R-A Bass- Vireinia L. Black_ Brittany Maureen O'Connell- Kevin all of the city of San Francisco state of California 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 7th day of November , 2018 Ui c State of PENNSYLVANIA County of MONTGOMERY �o o; a) N m _-a 0 O a) do 0 a) m aS wi� a) O.E L 6 o co Liberty Mutual Insurance Company \NSl/R v,1Y INS&q\NSUR The Ohio Casualty Insurance Company �JPooaPORar�2n yJPoot`PO�r qy �VPooaPO�r�-P0 West American Insurance Company � 3 Fo F OQ 3 Fo m 19m 3 Fo c� Y 912cy y y 1919 A. on s 1991 0 dv1 sR4CHU5" .aa OyAMPs,a� `lS1 vNDIANp• ,da3' �Ca�rs 6/7 * *� dyl * *� �M * *va By: David M. Carey, Assistant Secretary On this 7th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument far the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 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. p PAST NwF F� COMMONWEALTH OF PENNSYLVANIA 9� f7,,,e='�,Z�Znp; otarial Seal ¢�� f� o° s 7 OF ella, Notary Public ., Montgomery County By: n Expires March 28, 2 O 41 'vsYLVP o Teresa Pastella, Notary Public Member, Pennsylvania Association or Notaries 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 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-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 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. 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, 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 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. 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 attomeys-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 21st day of November , 2019 . P� 1NSU� P,I,( INS&, � 1NSUR,y c°pvorZq o Cnm � c°aPoggr'Pgy� VP oµPOR,yro O� 19 0 0 1919 ; V 1991 JG y O Q O By. d���SACtius;�da yO��NAMP`'a` as �s �NDIAttN da3 Renee C. Llewellyn, Assistant Secretary r. U) Cn d _ I-_ cc LU m E c0 oCD _ CO o� c a) (O Of0 3- O y O .L� O C O N >, m aa) m -0 >O a� � Y N M c CO 00 0— L? _ r. LMS-12873 LMIC OCIC WAIC Multi Co 062018