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18-103 Amendment #2 09-08-20211 SECOND AMENDMENT TO AGREEMENT 341 BETWEEN THE CITY OF CUPERTINO AND GILBANE BUILDING COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES ON VARIOUS CAPITAL IMPROVEMENT PROJECTS This Second Amendment to Agreement 341 between the City of Cupertino and Gilbane Building Company, for reference dated on the last date signed below, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Gilbane Building Company, a Corporation (“Contractor”) whose address is 2033 Gateway Pl, Suite 450, San Jose, CA 95110, and is made with reference to the following: RECITALS: A. On June 18, 2018 Agreement 341 (“Agreement”) was entered into by and between City and Contractor for Construction Management Services on Various Capital Improvement Projects. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: This agreement begins on the Effective Date and ends on June 30, 2022 (“Contract Time”), unless terminated earlier as provided herein. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK [SIGNATURE PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date GILBANE BUILDING COMPANY By Title Date EXPENDITURE DISTRIBUTION Item Expiration Date Amount Original Agreement 6/30/2020 $500,000 First Amendment 6/30/2021 $500,000 Second Amendment 6/30/2022 $500,000 Casey Michaelis Vice President Sep 8, 2021 Christopher D. Jensen Sep 8, 2021 Director of Public Works Sep 8, 2021 Insurance Requirements for Professional/Specialized Services Agreement Version: Sept. 2019 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a 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 made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not EXHIBIT C Insurance Requirements Professional/Specialized Services Agreement Insurance Requirements for Professional/Specialized Services Agreement Version: Sept. 2019 available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/30/2021 Alliant Insurance Services,Inc. 131 Oliver Street,4th Floor Boston,MA 02110 Stephen Turner 617-535-7249 617-535-7205 sturner@alliant.com Travelers Indemnity Company 25658 Charter Oak Fire Insurance Com 25615GilbaneBuildingCompany 2033 Gateway Place San Jose,CA 95110 Travelers Indemnity Company of 25682 1020447638 A X 3,000,000 X 1,000,000 X XCU included 10,000 3,000,000 6,000,000 X Y Y VTC2KCO -2E970978-IND-21 6/30/2021 6/30/2022 6,000,000 C 1,000,000 X Y VTECAP -2E97098A-TCT-21 6/30/2021 6/30/2022 B B X N Y UB-3P809062-21-25-K UB-3P811961 -21-25-R 6/30/2021 6/30/2021 6/30/2022 6/30/2022 1,000,000 1,000,000 1,000,000 Re:Project #J05934.200,City of Cupertino CM Services The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as Additional Insureds as required by written contract and executed prior to a loss,but limited to the operations of the Insured under said contract,with respect to the General Liability.General Liability evidenced herein is primary and noncontributory to other insurance available to an additional insured,but only to the extent required by written contract with the insured and executed prior to a loss.A Waiver of subrogation applies in favor of above mentioned additional insureds with respect to insured operations where required by written contract but limited to the operations of the Insured under said Contract and executed prior to a loss,with respect to the Automobile,General Liability and Workers Compensation policies. 30 days’notice of cancellation or non-renewal will be provided to Certificate Holder,except 10 days’notice for cancellation for non-payment of premium. City of Cupertino 10300 Torre Ave Cupertino CA 95014 COMM RCI L G NERAL IAB LI YE A E L I T T IS ENDORSEMENT CHANGES T E POLICY. PLEASE REA IT CA EF LLYHHD R U . BLANKET ADDITIONAL INSURED – A TOMA IC STA USU T T IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) Thi e dorseme t m dfie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R The fol owing is ad ed told SE TI N II – WHO IS AN (a)C O The Addi ional Insured – Owne s, Le -t r s INSU EDR:see or Contra tors – Scheduled Persos c n or Organizat o endorsem n CG 20 10i n e tAny erson or o ganiza io tha :p r t n t 07 04 o CG 20 10 04 13, the Addi ionalrta.Yo agree in a writ en cont a t o ag ee ent tout r c r r m In ured – Owne s, Le see or Con ra -s r s s t ci clu e as an a ditio al insured on thi Cov ragen d d n s e to s – Com le ed Ope ations endorser p t r -Pa t anr ; d m n CG 20 37 07 04 or CG 20 37 04 13,e tb.Ha not been added a an additio al in ured foss n s r or both o such endo seme ts wi h ei hefr n t t rthe sam proje t by at a hm nt o an en orsee c t c e f d -o ho e ed tio date ; orf t s i n sm n under thi Cov rage Pa t which includee t s e r s (b)Ei her or bot o the fol o ing the Addit h f l w : -such perso or organi at on in the endorsem nt'sn z i e tio al In ured – Owne s, Le sees o Con-n s r s rschedule;tra to s – Scheduled Person Or Organ -c r ii a insured but:s n ,za ion en orsem n CG 20 10, o the Ad-t d e t r a.On y with re pe t to lia ili y fo "bodily injury di ional Insured – Owl s c b t r t ne s, Le see or s s r" or Co tra tors – Com le ed Ope atio s en-n c p t r n"prope ty dam ge that o cur , or fo "perso alr a " c s r n do sem nt CG 20 37, wi hout a edit or e t n i ni ju y caused by an o f n e that is com it ed,n r "f e s m t da e o uch endo sem nt pe i ie ;t f s r e s c f dsubsequent to the signing of that contract or ag ee ent and while that pa t o the cont a t or m r f r c r the person o o gan zat on i an addit onal inr r i i s i -ag ee ent s in e fe t andr m i f c ;sure only i the in ury or dama e i ca sed,d f j g s u b.On y a de cri ed in Paragraph be i whole o in part by al s s b -n r , cts o omssions or i f(1),(2)or (3) y u or you subcont a tor in the pe fo man eo r r c r r clow, whichev r appl e :e i s o "y u work" to whi h the writ en cont act of o r c t r r(1)If the wri ten cont act or ag ee ent speci i a-t r r m f c l ag ee ent ap lie ; or m p s rly require you to prov de addi ional insuredsi t (3)If ne ther aragraphi P (1)nor (2)abov appl e :e i scov rage to tha person or organi ation byetz the se o :u f (a)The perso or o ganizat o is a addin r i n n - tio al i sured only if a d to the ex entn n , n t(a)The Additional Insured – Owners, Les- that the injury o dama e i ca sed by,r g s usee o Cont actors – (Form B) en orses r r d - a t or omi sions o y u o y u subcon-c s s f o r o rm n G 20 10 11 85; ore t C tra to in the pe fo ma ce o "y ur workc r r r n f o "(b)Ei her or bot o the fol o ing the Addit h f l w : -to whi h the wri ten co tra t o agree-c t n c rtio al In ured – Owne s, Le sees o Con-n s r s r m nt applie ; ande stra to s – Scheduled Person Or Organ -c r i (b)Su h pe son o organiza io does notc r r t nzation endorsement CG 20 10 10 01, or qual fy a an addi ional insured with rei s t -the Addit onal Insured – Owne s, Le seeir s s spe t to the independent acts or om s-c ior Co tra tors – Com leted Ope ationsn c p r sio s o uch erson or organizationn f s p .endo sem nt G 20 37 0 01;r e C 1 The insurance prov ded to such addi ional i sured isit nthe person o o gan zat on i an addit onal inr r i i s i - subje t o he fo lowing p ov sion :c t t l r i ssure only if the inju y or dama e ari e outdr g s s o "y u work" to whi h the writ en cont act of o r c t r r a.If the Lim t o Insurance o thi Cov rage Parti s f f s eag ee ent ap lie ;r m p s shown i the De larat on ex eed the mnim mn c i s c i u (2)If the wri ten cont act or ag ee ent speci i a-t r r m f c l l mt req ired by the wri ten co t act o agree-i i s u t n r r ly require you to prov de addi ional insuredsi t m n , the i surance prov ded to the addit o al i -e t n i i n n cov rage to tha person or organi ation byetz sure wi l be lim ted to such mnim m requi edd l i i u r the se o :u f l mt . For the purpo es o de erm ni g whethei i s s f t i n r CG 6 04 02 19D © 2017 T e Travelers Indemnity Company. All rights rehserved.Pa e 1 o 2g f Policy # VTC2KCO-2E970978-IND-21 COMM RCI L G NERA L IAB LI YEAELIT th s lim tation , th e mi im m lim ts requi ed i a claimiinuirn . T o t he ex ent po sible suchts, by t he written co tra t or agreem nt wi l b e con-no ice should inncelt cl de:u si e ed to incl de the m nim m lim t o an y U mdruiuisf-(a)How,when and where t he "o cur en ecrc"brel a or Ex ess lia il ty cov rag e requi ed f o th elcbierr or o fe se took la e;f n p caddiionalinsuredbythat written cont a t otrcr (b)The nam s and add e se o any inj rederssfuageeentThiprovsionwilnot increa e th erm.s i l s pe sons an witne s e ;andrdsslmtoinurance escribed in Sect oniisfsdi III –Lim tis (c)The natur e and loc a ion o any injury otf rOfIsurancen.dama e a i i g ou t o th e "o cur en e ogrsnfcrc"rb.The in uran e pro v ded to such a dit onal insur edscidi o fe se.f ndoenotapplytos:(2)If a claim is ma e o "su i "i broug ht agai stdrtsn(1)Any "bod i y inju y ,"property dam ge olr"a "r the ad it onal nsureddii:"pe sonal injury arising out o the pro v d ng,r "f i i (a)Im e ia ely re ord th e o th emdtcfor fai ure to prov de, any pr o e sional archilifs-cla m or "suit an the date re eiv d; andi"d c etetual, e gineer ng or surv yin s e v ce ,c r n i e g r i s i clu ing:n d (b)No i y us a s oon a pra ticable an seetfsscd to i that we re eiv wri ten not ce o th etcetif(a)The pr epar i g, approv ng,or f a l ng t oniii cla m or "suit a soon ai"s sprepae o approv ,ma s, shop draw-r r e p i g , opin on , rep o ts, surv ys, fiel o -n s i s r e d r (3)Im ed ately s end us copie o a l legal p amisfl- de s or chang e o de s, o the prep ari g,pe s re eiv d in r r r r n r c e c o ne tion wi h the claim onct r approv n , o f ai ing t o prepar e or ap-"sui ", coope ate wi h us i g r l t r t in th e in v stigat onei prov , dr awings and sp e i i a ion ; and o the claim o deecfctsfrfens e agai stn the "suit , and othe wi e com ly with all pol cy"r s p i()b Su er v so y,in pe t on, archi ect ral opirscitu r condi ion .t sengineerinatvte.g c i i i s (4)T e der th e d e en e and ind em i y o anynfsntf(2)Any "bodily inj ry or "property dam geu"a " cla m or "su i "to any prov der o o her ins ur-i t i f tcaused by "work a d included in t he"n an e whi h wou d c ov r such addit onal i -c c l e i n"produ ts-om leted ope ation hazard"unccprs- le s the wri ten c on ra t or ag ee ent spe if -sure f o a s t t c r m c i d r loss we cov r. H owev r, this c o -e e n cal y requir e you t o pr ov de such cov ragelsie di ion does no a fe t wheth e the insuranc ettfcr fo th at addit o al in ured during the pol cyrinsi prov ded t o such addi ional insured is prim ryita pe iodr.to o her i suran e av ila le t o such ad it onaltncabdi i sured whi h c ov rs t hat pers on o organizancer -c.The addit o al ins ur ed m st com ly with the i n u p tio a a nam d in ur ed a descri ed in Pa -n s e s s b rlowing utie :d s ag aphr 4., Ot er In uranc e o Se tionhs,f c IV –(1)G v us written no ice a s oon a pra tica leietsscb Co m rcial Gener al Lia il ty on dit on .m e b i C i soa"o cur en e or an o fe se which mayfncrc"f n Pa e 2 o 2gf ©2017 T e Travelers Indemnity Company.All rights rehserved.CG 6 04 02 19D fol- your or settlement practicable. specifics applies result COMM RCI L G NERA L IAB LI YEAELIT PO I Y UMBE :IS UE DATE:L C N R S T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E OT HER INSURANCE –DESIGNATED ADDITIONAL INSUREDS –PRIMARY WITH RESPECT TO CERTA NI OT HER INSURANCE COMM RCI L G NERA L IAB LI Y COVERAG PA TEAELITER SCHEDU E O DES GNAT D ADDIT ONAL N UREDLFIEIISS P O ISIONRVS The is add ed to Pa ag raprh 4.a.,P imaryr In u ancesr , of SE TI N IV –CO MERCIALCOM GE ERAL L ABIL TY CO D T ONNIINIIS: The i sur ance a fo ded und e thi C ov rage Pa t t onfrrser any ad dit onal in ured i t he Sch edule Ofisn CG 4 26 02 9D1 Pa e 1 o 1gf© 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. This endorsement modifies insurance provided under the following: shown following Designated Additional Insureds is primary to any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance. ENDORSEMENT WC 00 03 13 (00) - POLICY NUMBER: EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 001 ONE TOWER SQUAREHARTFORD CT 06183 UB-3P809062-21-25-K We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED ORGANIZATION: DESIGNATED PERSON: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE:PAGEST ASSIGN:OF Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. 06-28-21 1 1 Gilbane Amend #2 for Construction Management Services on Various Capital Improvement Projects Final Audit Report 2021-09-08 Created:2021-09-01 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA6laM31TovpZmOD_8pj_hPHZOVEOo0xdE "Gilbane Amend #2 for Construction Management Services on V arious Capital Improvement Projects" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-09-01 - 10:57:53 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2021-09-01 - 10:59:18 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2021-09-01 - 11:31:47 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-09-01 - 11:31:49 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-09-02 - 2:06:14 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to cmichaelalis@gilbaneco.com for signature 2021-09-02 - 2:06:17 PM GMT Email sent to cmichaelalis@gilbaneco.com bounced and could not be delivered 2021-09-02 - 2:06:29 PM GMT City of Cupertino (webmaster@cupertino.org) replaced signer cmichaelalis@gilbaneco.com with Casey Michaelis (kmichaelis@gilbaneco.com) 2021-09-08 - 6:46:12 PM GMT- IP address: 216.198.111.214 Document emailed to Casey Michaelis (kmichaelis@gilbaneco.com) for signature 2021-09-08 - 6:46:12 PM GMT Email sent to cmichaelalis@gilbaneco.com bounced and could not be delivered 2021-09-08 - 6:46:29 PM GMT Email viewed by Casey Michaelis (kmichaelis@gilbaneco.com) 2021-09-08 - 6:50:11 PM GMT- IP address: 45.62.187.57 Document e-signed by Casey Michaelis (kmichaelis@gilbaneco.com) Signature Date: 2021-09-08 - 7:47:59 PM GMT - Time Source: server- IP address: 45.62.187.57 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-09-08 - 7:47:59 PM GMT Email sent to Casey Michaelis (kmichaelis@gilbaneco.com) bounced and could not be delivered 2021-09-08 - 7:48:29 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-09-08 - 8:00:56 PM GMT- IP address: 104.47.73.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-09-08 - 8:01:37 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Roger Lee (rogerl@cupertino.org) for signature 2021-09-08 - 8:01:39 PM GMT Email viewed by Roger Lee (rogerl@cupertino.org) 2021-09-08 - 8:43:57 PM GMT- IP address: 104.47.74.126 Document e-signed by Roger Lee (rogerl@cupertino.org) Signature Date: 2021-09-08 - 8:44:44 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-09-08 - 8:44:46 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-09-08 - 9:03:33 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-09-08 - 9:03:42 PM GMT - Time Source: server- IP address: 162.245.22.179 Agreement completed. 2021-09-08 - 9:03:42 PM GMT