CONTRACTOR AGREEMENT
THIS CONTRACTOR AGREEMENT ("Agreement") is entered into this __ day of March 2024, by and between the CITY OF ALAMEDA, a municipal corporation (the "City"), and SUAREZ & MUNOZ CONSTRUCTION, INC., a California corporation whose address is 2490 AMERICAN A VENUE, HAYWARD, CALIFORNIA 94545, ("Contractor"), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: construction of four trail connections within Jean Sweeney Open Space Park in Alameda, California. City staff issued an IFB on October 19, 2023, after a submittal period of 27 days received Eight (8) timely submitted bids, and the bids were opened on November 15, 2023. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. City and Contractor desire to enter into an agreement for construction of four trail connections within Jean Sweeney Open Space Park in Alameda, California, upon the terms and conditions herein.
E. Whereas, the City Council authorized the City Manager to execute this agreement on __ NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have 35 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Suarez & Munoz Construction, Inc.
Jean Sweeney Open Space Park Trail Connectors
1 P.W. No. 05-23-13
Version 2021-02-10
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED IN WITNESS WHEREOF, the paities have caused the Agreement to be executed on the day and year first above written.
SUAREZ & MUNOZ CONSTRUCTION, INC.
a California corporation
MA�.::;;;--=�
)
MaitinMunoz
President
Contractor License No. 873996 -------
DIR No. 1000004125
CITY OF ALAMEDA,
a municipal corporation
Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL
Justin Long
Recreation and Parks Director
APPROVED AS TO FORM:
City Attorney
Michael H. Roush
Special Counsel
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
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.
INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
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 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1/3/2024
R. C. Fischer & Co.
P. O. Box 8101
Walnut Creek CA 94596
Amy Gregory
925-627-5471
925-932-0962
[email protected]
Travelers Property Casualty Company of America
25674
SUAR&MU-01
National Union Fire Insurance Company of Pittsburg
19445
Suarez & Munoz Construction, Inc.
2490 American Ave
Hayward CA 94545
Aspen American Insurance Company
43460
New Hampshire Insurance Company
23841
687608216
B
X
2,000,000
X
500,000
X
XCU Included
25,000
2,000,000
4,000,000
X
Y
Y
GL9925605
8/1/2023
8/1/2024
4,000,000
Emp Ben.
1,000,000
B
2,000,000
X
X
X
Y
4544919
8/1/2023
8/1/2024
C
X
10,000,000
X
CX0080L23
10,000,000
8/1/2023
8/1/2024
D
Y
Y
WC39326806
8/1/2023
8/1/2024
X
1,000,000
1,000,000
1,000,000
A
A
Rented/Leased Equipment
Builders Risk
QT6302R260843
QT6302R260843
8/1/2023
8/1/2023
8/1/2024
8/1/2024
Limit
Limit
Deductible
500,000
250,000
2,500
*Officers Excluded from Workers Compensation: John Suarez and Martin Munoz RE: Jean Sweeney Open Space Park Trail Connectors - Construction of four trail connections within Sweeney Park in Alameda, CA. - 1100 Atlantic Ave, Alameda, CA 94501.
City of Alameda, its City Council, boards, commissions, officials, employees, agents and volunteers are named as additional insured per CG20101219 & 879500914. Insurance is primary per CG20011219 & 744451099. Waiver of subrogation applies per CG24041219 & WC0003130484.
City of Alameda
Public Works Department
950 W Mall Square, Suite 110, Alameda,
Alameda CA 94501
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED
ENDORSEMENT
This endorsement, effective 12:01 A.M. 08/01/2023 forms a part opolf icy No. CA4544919 issued to Suarez & Munoz Construction, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY
BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT
OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO.
I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
AUTHO
RIZED REPRESENTATIVE
87950 (9/14)
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 10 12 19Policy Number: GL9925605
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Additional Insured Person(s)
Or
Organization(s) Location(s) Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s)
or organization(s) shown in the Schedule, but
only with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts
or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded
to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required
by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds,
the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished
in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of
which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:
1. Required
by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
All other terms and conditions of this Policy remain unchanged.
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED
ENDORSEMENT
by NATIONAL UNION FIRE INSURANCE COMPANY
THIS ENDORS
EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
This endorseme
nt modifies insurance provided under the following:
BUSINESS AUTO
COVERAGE FORM
Section IV
- Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence:
The insurance
afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident.
All other ter
ms and conditions remain unchanged.
74445 (10/99)
This endorsement, effective 12:01 A.M. 08/01/2023 forms a part of Policy No. CA4544919 issued to Suarez and Munoz Construction, Inc.
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED Policy Number: GL9925605
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED
COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization when you have agreed in writing in a contract or agreement to waive your right of recovery against such person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
POLICY NUMBER: GL9925605
DocuSign Envelope ID: 0294F8BC-5A86-4CE2-AFF1-174F7CDBE5ED Schedule
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah."
The endorsement does not apply to policies or exposure in Missouri where the employer is in the construction group of classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in Missouri, the following must be included in the Schedule:
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured Premium $
Insurance Company Countersigned by
0 Hart Forms & Services
Reorder No. 14-4888
WC 00 03 13
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.
WC 393268068/1/2023
Suarez & Munoz Construction Inc.
New Hampshire Insurance Company
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