Alameda City Council
April 16, 2024

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E EXHIBIT 1

CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT ("Agreement") is entered into this _day of March 2024, by and between the CITY OF ALAMEDA, a municipal corporation ("the City"), and COLUMBIA ELECTRIC, INC. & Califomia & S-Corporation whose address is 1980 DAVIS STREET SAN LEANDRO, CA 95477, ("Contractor"), in reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of he State of California with the power to carry on its business as it is now being conducted unde he statutes of the State of California and the City's Charter The City is in need of the following services: HSIP Upgrades to Improve Pedestrian Safety Project. City staff issued plans and specifications on Wednesday, January 24, 2024, after & submittal period of twenty-one days received Four of timely submitted bids, and the bids were pened on Tuesday, February 13, 2024. Staff reviewed the bids and selected the lowest responsiv nd responsible bidder
Knowledge to prides te services deseribed ince, Alreehe on the nerms aid condi and ability, background, certification and described herein.

D. Whereas, the City Council authorized the City Manager to execute this agreement on April 16,2024.

The City and Contractor desire to enter into an agreement for the HSIP Upgrades to Improve Pedestrian Safety Project, upon the terms and conditions herein.

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:

TERM:

Contractor shall have Sixty (60) consecutive working days from the date the work is to 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 Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.

COMPENSATION TO CONTRACTOR:

Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.

However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in Payment shall be made for 95% of the value of the work completed as determined by the ly. The City shal! retain 5% of the value of the work as partial security for the completion o ne work by Contractor. Retained amounts shall be paid to Contractor within sixty days o acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.

Total compensation for work is $456,295, with a contingency in the amount of $40,000 for a total not to exceed of $496,295. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily

4. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Agreement.

Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph i above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.

It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specitied, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the ight to charge Contractor,
payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.

Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather ol delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.

5. STANDARD OF CARE:

Contractor agrees to perform all services and work hereunder in a manner commensurate With the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services and work shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with the City.

6. INDEPENDENT PARTIES:

Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor.

Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes any and all responsibility for verifying the identity and employment 22222

8. NON-DISCRIMINATION:
or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers ("Indemnitees") from and against any and all loss, damages, operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.

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.

As to Claims for professional liability only, Contractor's obligation to defend indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.

Contractor's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:

On or before the commencement of the terms of this Agreement, Contractor shall furnish City's Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Columbia Electric, inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E paragraphs 10.b. (1) through (4). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage educed before the expiration date thereof, the insurer affording coverage shall provid hirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.' no less than A:VII or Standard & Poor's Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the b. COVERAGE:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers' Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:

Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor ofithe City for all work performed by the Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSURED:

The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An any loss, or expense of any nature on this policy or any extension thereof. Any other insurance Id by an additional insured shall not be required to contribute anything toward any loss spense covered by the insurance provided by this policy. The additional insured coverage und the Contractor's policy shall be primary and non-contributory and will not seek contribution from f. SUFFICIENCY OF INSURANCE:

Contractor shall furnish the following bonds from a bonding company acceptable to the City's Risk Manager. Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget Cond prond premiums and those estimates over $25,000 will need to be sure to budget for the Columbia Electric, Inc. •
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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability requires by this Agreement, then said policies shall be true "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.

11. BONDS:

Contractor shall furnish the following bonds from a bonding company acceptable to the City's Risk Manager:

Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price.

12. PROHIBITION AGAINST TRANSFERS:

Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor's claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicat nember or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.

13. SUBCONTRACTOR APPROVAL:

Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.

Columbia Electric, inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall se orth the total price or hourly rates used in preparing estimated costs for the subcontractor services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.

In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shali be subject to each provision of this Agreement.

14. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.

15. REPORTS:

Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.

No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.

Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.

16. RECORDS:

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.

If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City's supplemental examination Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E or audit of the records discloses a failure to adhere to appropriate intermal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.

All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Cody Lim, Project Manager
Ph: (510) 747-7939
Email: [email protected]
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Columbia Electric, Inc.

Address: 1980 Davis St.

City, Zip: San Leandro, CA 94577
ATTENTION: JoAnne Scruggs, President/CEO and Nicholas Scruggs (VP Const. Mgt.) Ph: 510430-9505/ Email: [email protected]
[email protected]

18. coat anand all ter piable ederal, or coupati and Socal yand, rinancs, anyes and ent obligations and penalties set forth herein.

Contractor will immediately notify the City's Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of Columbia Electric, Inc.

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19. LAWS TO BE OBSERVED:
nd regulations enacted or issued by the City. In addition, Contractor shall keep itself full nformed of all existing and future state and federal laws and all municipal ordinances an regulations of the City which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

20. HEALTH AND SAFETY REQUIREMENTS
Provider acknowledges that the City shal! have the right to impose, at the City's sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements ncluding, but not limited to, mandatory vaccinations, the use of personal protective equipmen (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City's request, records to demonstrate Provider's compliance with this Section.

DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:

Eitective January 1, 2015, no Contractor or Subcontractor may be listed on a bid proposal for a public works project (submitted after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions from this requirement for bid purposed only under Labor Code Section 1771.1(a)). Register at hips://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for public work on a public works project (awarded on or after April I, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Prime Contractor is required to post job site notices prescribed by regulations. See 8 Calif. Code Regulation §16451 (d).

Effective April 1, 2015, All Contractors and Subcontractors must furnish electronic certified payroll records directly to Labor Commissioner https://apps.dir.ca.gov/ecpr/das/altlogin
Columbia Electric, Inc.

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22. HOURS OF LABOR:

As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the greement, upon the work or upon any part of the work contemplated by this Agreement, is limite nd restricted to eight (8) hours during any one calendar day and forty (40) hours during any or (40) hours during any one week shall be permitted upon this public work, provided that the employees' compensation for all hours worked in excess of eight (8) hours per day at not less thai one and one-half (1-1/2) times the basic rate of pay.

Contractor shall pay the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-halt (l%) times the above specified rate of per diem wages, unless otherwise specified.

Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.

23. APPRENTICES:

Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of le public works project, and which administers the apprenticeship program in that trade, for ertificate of approval. if they have not previously applied and are covered by the loc Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the fund:
dministrator is unable to accept Contractor' required contribution. Contractor or subcontracto hall pay a like amount to the California Apprenticeship Council Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

24. LABOR DISCRIMINATION:

No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section

25. REGISTRATION OF CONTRACTORS:

Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professional Code of the State of California.

26. URBAN RUNOFF MANAGEMENT:

Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary.

Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:

Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site).

Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.

C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at he end of each workday. Contractor shall also clean up any leaks, drips, and other pills as they occur
The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.

These recommendations are intended to be used in conjunction with the State's Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.

Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.

27. COMPLIANCE WITH MARSH CRUST ORDINANCE: NOT USED
Contractor shall perform all excavation work in compliance with the City's Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavatio vork, Contractor shall verify with the Building Official whether the excavation work is subiect tr the Marsh Crust Ordinance.

28. COMPLIANCE WITH THE CITY'S INTEGRATED PEST MANAGEMENT POLICY: - NOT USED
Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board. • Contractor shall use the most current IPM technologies available to ensure the long-term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.

Contractor will consider the City IPM Policy's hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area;
d. Biological controls (e.g, natural enemies or predators); e. Reduced-risk chemical controls (e.g», soaps or oils); and f. Other chemical controls.

Columbia Electric, Inc.

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DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Prior to applying chemical controls Contractor shall complete a checklist for the City's pre- pproval that explains why a chemical control is necessary. For annual contracts thi equire regular application of chemical controls the contractor shall submit one checkli prior to the initiation of the project demonstrating that the hierarchy has been reviewed and (See Exhibit C). Additionally, Contractor shall provide documentation to the City's project manager of the implementation of the IPM techniques hierarchy described in the City's IPM Policy.

Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:

2. Acute Toxicity Category 1 chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, stenvalerate, lambda-cyhalothrin, metotiuthrin, permethrin, and tralomethrin arbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, an indoxacarb; and
Copper-based pesticides unless their use is judicious, other approaches ar chniques have been considered, and the threat of impact to water quality prevented.
• Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City's IPM Policy, and return a signed copy to the City's project manager.

Contractor shall provide to the City's project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredients), target pests), the total amounts used and the reasons for any increase in use of any pesticide.

Contractor shall provide a copy of any current IPM certifications) to the City's project manager prior to initiation of the service work.

A copy of the City's IPM Policy may be obtained from the City's project manager and is also on file with the City Clerk.

If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.

Columbia Electric, Inc.

HSIP Upgrades to Improve Pedestrian Safety
02-13-2024
PW No. 01-24-04
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

29. PURCHASES OF MINED MATERIALS REQUIREMENT:

Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).

Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department www.conservation.ca.gov/OMR/ab 3098 list/index,.htm. Note that the list changes periodically and should be reviewed accordingly.

30. TERMINATION:

In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.

The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.

31. ATTORNEYS FEES AND COSTS:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney's fees and costs. No party or litigant shall be entitled to recover any attoreys' fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.

The following provisions and procedures shall apply:

A. For the purposes of this section, the term "Claim", "Contractor", "mediation", "Public Entity» «Public works project" and "Subcontractor" shall have the meaning provided for in PCC Section 9204.

Columbia Electric, Inc.

HSIP Upgrades to Improve Pedestrian Safety
15 02-13-2024
PW No. 01-24-04
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with PCC Section 9204. Contractor must include reasonable documentation to support each claim.
at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(I)(C).

E. If the City fails to timely respond to a Claim or if Contractor disputes the City's response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.

F. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.

G. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder Shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.

H. The City reserves all rights and remedies that it has pursuant to the Construction Contract, plans and specification, at law or in equity which are not in conflict with PCC 9204.

This Section shall be automatically extended if legislation is lawfully passed which extends the terms of Public Contract Code Section 9204 beyond January 1, 2027.

33. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of PW No. 01-24-04
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E of the uhot en suit or cal pera to this are al be filed with the courts.

34. ADVERTISEMENT:

Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.

35. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

36. INTEGRATED CONTRACT:

This Agreement represents the full and complete understanding of every kind or nature Whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.

37. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.

38. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

39. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSin, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

40. SIGNATORY:

By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

Columbia Electric, Inc.

HSIP Upgrades to Improve Pedestrian Safety
02-13-2024
PW No. 01-24-04
:

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

41. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Columbia Electric, Inc.

HSIP Upgrades to Improve Podestrian Safety
18 02-13-2024
PW No. 01-24-04
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written.

COLUMBIA ELECTRIC, INC. CITY OF ALAMEDA,
a California & S-Corporation a municipal corporation
Glue stegr Jennifer Ott
City Manager

RECOMMENDED FOR APPROVAL
DocuSigned by:
210030580020180
Kimberly Sabin Erin Smith
Chief Financial Officer Public Works Director
Contractor License No. 765902 APPROVED AS TO FORM:

City Attorney
DIR No. 1000001478
- Docusigned by:

I len Astanian
68037104C045445.

Len Aslanian
Assistant City Attorney
Columbia Electric, Inc.

HSIP Upgrades to Improve Pedestrian Safety 02-13-2024
PW No. 01-24-04
DocuSign Envelope ID: 473D3EA7-6828-4B9F-ACSF-77647FEFDC8E POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS FORM B This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

City of Alameda
Public Works Department
Alameda Point, Building 1
950 West Mull Square, Room 110
Alameda, CA 94501-7558
(friety is en doement,mation required la complete this endorsement will be showa in the Declarations as HO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the chedule, but only with respect to liability arising out of your ongoing operations performed for that insured The City of Alameda, Its City Council, boards and commisstons, officers, employees and volunteers; are additional insured for work done on their bebalf by the named insured.

PRIMARY INSURANCE:

IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER

INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE.

SEVERABILITY OF INTEREST:

IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE

SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT.

WAIVER OF SUBROGATION:

IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION

AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.

NOTICE OF CANCELLATION:

IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR

NONAME OF PREMIA, DAN WRITE NOTICE NIL DE BENT TO THE AROVELED FOR DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E POLICY NUMBER: COMMERCIAL AUTO
CG 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This doreen am this prone or as no at so are ride ade coe a lose Provision This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Endorsement Effective: Countersigned By:

Named Insured:
(Authorized Representative)

SCHEDULE
Name of Person or Organization:

City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501-7558
VHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.

NOTICE OF CANCELLATION:

IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE.

CA 20 48 02 99 Page 1 of l
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E :

Exhibit A
COLUMBIA ELECTRIC, INC.

BIDDER: PROPOSALFOR PW 01-2404
5 BID PROPOSAL TO THE CITY OF ALAMEDA
NAME OF BIDDER COLUMBIA ELECTRIC, INC.

BUSINESS ADDRESS 980 Davis Street
CITY, STATE, ZIP " STATB, ZIP San Leandro, (A 94577
TELEPHONENO: AREACODE (510)430-1505
The Work for which this proposal is submitted is for construction in accordance with the Contract Documents.

The Project plans for the Work to be done were approved and are entitled:

HSIP Upgrades to Improve Pedestrian Safety Project
PW NO. 01-24-04

CITY OF ALAMEDA

ALAMEDA COUNTY, CALIFORNIA
las are to be submitted for the entire Work. The amount of the bid for comparison purposes wi the total of bad items, including revocable bid item
ccompanying
Certifed Cheok, or Bidders Bond, as the case may be in an amount equal to at bast 10 orck, [Insert: Cash s total of the bid.

Execution within ten days. The Bidder agrees to execute the required contracts), with necessary bonds, within ten calendar days of notification that the City has accepted the bid and the con-tract is ready for signature. If the Bidder fails to do so, the City may, at its option, determine that the Bidder has abandoned the contract. The penalty for default is forfeiture to the City of Alameda of the proceeds of the proposal guarantee accompanying this bid.

Addenda. This proposal is submitted to include the changes to the Contract Documents as [Fill in if addenda have beer
ssued.] If addenda issued, print, sign and date each addenda and inchude with this bid proposal. /arning. If the City has issued an addendum or addenda, the City may reject this Proposal if a ddenda are not noted above as being received by the Bidder License. The Bidder is licensed in accordance with the State of California Contractor's License Law.

License No. 765908
12 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A
COLUMBIA ELECTRIC, INC.

PROPOSAL FOR PW 01-24-04
BIDDER:

Class A, 6-10
+131154520350
Expiration Date
I am intri ELECTRIC IN ul Use anal safe ensured
Jalane Secugga - President, beecetay Manager
Documents included in Bid Proposal and Schedule. The following are attached and included in the Bid Proposal and Schedule:
8 5 Bid Proposal
8 5-1 Bid Schedule
68 5-2 Proposed Subcontractor Form
053 Equal Opportuni Employment Certifieatien
1 5-4 Non-collusion Declaration
$ 5-5 uestionnaire to General Contracto
$ 5-6 ader's Statement of Financial Responsibility, Technical Ability and Experien ฿ 5-7 Bidder's Bond
$ 5-8 Bidder's Request for Material Substitution
S 5-9 Guaranty
0 5-10 Executed Agreement to be Bound to Project Stabilizaton Agreement NOT USED Signature. Under penalty of perjury, 1 declare that to the best of my knowledge and belief: the representations made in these Bid Documents are true, correct and complete.

SIGNATURE OF BIDDER
Print or Type Name, Address and Telephone Number:

Jo done Gandas - 1980 Dave Street
Son Leandre, CA 94571 (12) 430-9505
DATED:_ 2/13 _ 2024
13 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A
• COLUMBIA ELECTRIC, INC.

BIDDER: PROPOSAL FOR PW 01-24-04
5-1 BID SCHEDULE FOR HSIP UPGRADES TO IMPROVE PEDESTRIAN SAFETY

PROJECT
TO: CITY COUNCIL, CITY OF ALAMEDA, CALIFORNIA
The undersigned Bidder declares that Bidder has carefully examined the Project Manual, and is satisfied as to the field conditions the Bidder will encounter. The Bidder proposes to furnish all materials, labor and equipment and to do all Work required to complete the Work in accordance with the Project Manual, for the prices set forth in the following schedule (including all applicable taxes):

Bid Description Unit of Unit Total
Item Measure Quantity Price Price
T Mobilization TS T
11,4500011,950.00
2 Water Pollution Control LS
Traffic Control 2,589.02 2,500.00
3 IS T
2186200 21,862,00
4 raffie Signal Modification - Santa Clai LS 1
venue and Grand Stret
215000.00 215000.00
5 Traffic Signal Modification - Otis Drive
LS 1
and Willow Street 102080.00 102,000.00
6 Signing and Striping - Santa Clara A venues LS
and Grand Street 1
58,585.00 57,585,00
7 Signing and Striping -Ot's Drive and Park
Street LS
30,350.90. 30,350.00
8 Signing and Sriphg - Pemside Boulevard
and San Jose Avenue LS
1,59000 8590.00
TOTAL BID AMOUNT: 456,295.00
14 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
• COLUMBIA ELECTRIC, INC.

BIDDERS. PROPOSAL FOR PW01-24-04
Entire Work. Bids are required for the entire Work, including the alternative bid ttems if any. The amount of the bid for the purposes of the award will be the total of the amount of all the base bid items. The City will determine which additional alternate(s), if any, will be awarded. All items are based on an "in place" condition.

Item price and total. The Bidder shall set forth for each unit basis item of Work an item price and quantity for the item.

Discrepangies. In the case of discrepancy between the item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "total" column, then the amount set forth in the "total" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

Quantities. The foregoing quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of Work will correspond with the quantities, but reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit any portions) (this includes complete base bid items) of the Work, as the Engineer deems necessary or advisable, at the contract price. Price negotiations on the contract prices are optional if the actual amount of Work is different from the above estimates by 25% or greater.
15 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A
COLUMBIA ELECTRIC, INC.

BIDDER: PROPOSALFOR PW 01-24-04
5-2 PROPOSED SUBCONTRACTOR FORM
A subcontractor is any entity, not a direct employee of the prime Contractor, which performs any work on the Project in excess of one half of one percent (5%6) of the prime Contractor's total bid. The Bidderis required to state the name, locationofthe place of bus iness, and the California contractor license numberper California POC section 4104, of each subcontractorand the work which each suboontractor will perfom. The Bidder hereby submis a list of subcontractors whomthe Bidder proposes to employ on the rock with the proper firm name and business contact information, work and valse of each. If no subcontractors, sign form with none lsted and include form with Bid Proposal.

SUBCONTRACTOR'S NAME CA LICENSE NO. BUSINESS ADDRESS DESCRIPTION OF DIRNO.

WORK CONTRACT BID ITEM
GoldenBay 3626 kepot Rd Truncated 6,7
Construction, Inc. 451401 Hayward, (A9455 Domes partial 1000002870 Striping 50l Aaron st striping# 6,7,8
Graphics 576756 Catati, (A 94931| remeval 1000006495
(this form may be duplicated iý necessary to list addittonal subcontractors) Signed:
16 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E COLUMBIA ELECTRIC, INC. PROPOSALFOR FixhibitA
BIDDER:
•
3-3 EQUAL EMPLOYMENT OPPORTUNITY CERTIPICATION - NOT USED he bidder's execution on the signature portion of this proposal shall also constiute an endørsemen nd execution of those certifications which are a part of this proposa! TOTE: The above Certification is part of this proposal. By signing this proposal, the Bidder thereb ndorses and executes this Certificate. Bldders are cautiohed that making a false certificatio may subject the certifier to legal consequences.

OTE: The above certification is required by the Equal Employment Opportunity Regulations o e Secretary of Labor (41 CFR 60-1.7(b)(I)), and must be submitted by Bidders an proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Porm 100 (BBO-f) is the only report required by the Executive Order r their implementing regulations
Proposed prime contractors and subcontractors who have participated in a previous contract o ubcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the awardof contracts and subcontracts unless such contractor submits Amitation or by the Decay, of of Pederal Contact Complato, u. Po deal them ay, 17 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E •
• Exhibit A
• COLUMBIA ELECTRIC, INC.

Bidder Proposal for PW NO. 01-24-04
5-4 NON-COLLUSION DECLARATION
Title 23 United States Code section 112, and
PCC section 7106
The undersigned declares:
santo President or COLUMBIA ELECTRIC, NG,
_ the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost The bidder has not, directly or indirectly, submitted this bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, ompany, association, organization, bid depository, or to any member or agent thereof, t flectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for suc Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liabllity partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
i declare under penalty of perjury under the laws of the State of California that the pregong is and that this declaration is executed on february 15. 2024, al Sure serupp
(Signature of representative of Bidder)
DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A
• COLUMBIA ELECTRIC, INC. Proposal for PW NO. 01-34-04
Bidder.
5-5 QUESTIONNAIRE TO GENERAL CONTRACTORS
YES | 1 NO IXT
He he in que on 'e, please rand a copy of the rules of ach bid depositary you used

2. Other source of subcontractors. Did you have any source of subcontractor bids other than bid depositories?
YES NO | ]
Threats of boycott or other sanctions. Has any person or group threatened you wi ibcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to u the services or abide by the rules of one or more bid depository? YES | ] NO IX
If the answer to No. 4 is "yes," please explain the following details:
. Name of person or group
c. Job involved (if appicable)
e. Additional comments (use additional paper if necessary):
• Disqualification or removal. Have you, any officer of Bidder, or any employee who has t roprietary interest in Bidder ever been disqualified, removed, or otherwise prevented fron bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? If so, explain the cicumstances. (PCC § 10162.) YES [ J NO AT
Federal court action. No more than one final, un-appealable finding of contempt of court t federal court has been issued against the Bidder within the immediately preceding two-yes

TRUET AT
19 Docusign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Exhibit A
COLUMBIA ELECTRIC, INC.

Bidder Proposal for PW NO. 01-24-04
of either of them) has been convicted of any of the following offenses within the prior three years: fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract with any public entity PC 102851) TRUE? IX
• Non-discrimination program. Bidder has developed a non-discrimination program, a equired by Titte 2 California Code of Regulations section 8104 (unless exempt unde YES XT NO | ]
The Bidder and all subcontractors are registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and nforcement by the Department of Industrial Relations. All contractors and subcontractors must urish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

TRUEX
Please returo this form with your bid proposal.
20 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
• COLUMBIA ELECTRIC, INC. Proposal for PW NO. 01-24-04
Bidder_
S6 ABILITY AND EXPIENENEEINANCIAL RESPONSIBILITY TECHNICAL The Bidder is required to state what work of a similar character to that included in the proposed ontract the Bidder has successfully performed and give reference which will enable the Cit 'ouncil to judge his responsibility, experience skill, and business standing The Bidder shall have at least three years of experience as a licensed Contractor and shall submit with the bid a list of five similar installations in the Bay Area installed during the three-year period.

At least three of the similar installations shall include work that included installations. he Bidder shall submit with the bid proposal a statement of the work of a similar size an aracter to that included in the proposed contract which the Bidder has successfully performe Agency for Whom | Contact Name w/ [ ProjecT Completion Contract Work Was Done Phone # Date Price

SEE ATTACHED
21 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
•

6.1 Project name, location, and description; Project No. 1004015-HSIP8 35th Avenue Improvements 35th Ave, between Sutter St. &E.12th St., 35th Ave & Foothill Bivd & E.12th St & International Bivd.

6.2 Owner (name, address, email, and phone number);
City of Oakland, Paul Tran 510 238-2978

6.3 Prime contractor, if applicable (name, address, emall, and phone number); Self Performed By Columbia Electric, Inc.

6.4 Architect or engineer (name, email, and phone number); City of Oakland, Paul Tran 510 238-2978

6.5 Project and/or construction manager (name, emall, and phone number); City of Oakland, Paul Tran 510 238-2978

6.6 Scope of work performed (as general or as subcontractor); Installing Traffic Signals,

6.7 Initial contract price and final contract price (Including change orders); $1,455,151.00 Final $1,606,792.90

6.8 Original scheduled completion date and actual date of completion; 09/30/2021 Completed 06/18/2021

6.9 Time extensions granted (number of days);26

6.10 Number and amount of stop notices or mechanic's liens filed; NONE

6.11 Amount of any liquidated damages assessed against Bidder; and NONE

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. NONE

6.1 Project name, location, and description; City of San Jose- Project No. 8267 Traffic Signal Modification at King Rd & San Antonio St. Located at King Road & San Antonlo Street, San Jose, CA

6.2 Owner (name, address, emall, and phone number); City of San Jose, Alissa Rappleye 408 793-4130

6.3 Prime contractor, if applicable (name, address, emall, and phone number); self Performed By Columbia Electric, Inc.

6.4 Architect or engineer (name, email, and phone number); Marlon De Leon 408 535-4584

6.5 Project and/or construction manager (name, emall, and phone number);, Alissa Rappleye 408 793-4130

6.6 Scope of work performed (as general or as subcontractor); Modify and Install new traffic signal gear, sidewalk and roadway and roadway striping

6.7 Initial contract price and final contract price (including change orders); $1,094,850.60 Final $1,126,564.66

6.8 Original scheduled completion date and actual date of completion; 10/04/2020

6.9 Time extensions granted (number of days); 30 Working Days

6.10 Number and amount of stop notices or mechanic's liens filed; NONE

6.11 Amount of any liquidated damages assessed against Bidder; and NONE

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. NONE

6.1 Project name, location, and description; PW-19 Traffic Signal Hardware and Wiring 2017, Sunnyvale Ave & Hendy Ave, City of Şunnyvale

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
•

6.2 Owner (name, address, emall, and phone number); City of Sunnyvale, Lisa Vo (408) 730- 7608

6.3 Prime contractor, If applicable (name, address, email, and phone number); Self Performed By Columbla Electrtc, Inc.

6.4 Architect or engineer (name, emall, and phone number); TJKM Engingering, (408) 730- 7608

6.5 Project and/or construction manager (name, email, and phone number); Steve Sun (408) 730-7538

6.6 Scope of work performed (as general or as subcontractor); Modify the existing traffic signal, reconstruct the existing curb ramps to be ADA compllant, signing and striping ready for use

6.7 Initlal contract price and final contract price (Including change orders); $852,373.86 Final $885,748.90

6.8 Original scheduled completion date and actual date of completion; 05/14/2020 Completed 02/17/2021

6.9 Time extensions granted (number of days); 194 Days

6.10 Number and amount of stop notices or mechanic's liens filed; NONE

6.11 Amount of any liquidated damages assessed against Bidder; and NONE

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. NONE

6.1 Project name, location, and description; : Contra Costa County Public Works- Project No. 0862-6R4154 Walnut Creek Crosswalk Improvements, Olympic Bivd & Bridgefleld Rd and Walden Rd & Westcliffe Ln, Walnut Creek

6.2 Owner (name, address, emall, and phone number); Contra Costa County Publie Works Department, Kara Schuh-Garibay, 925 313-2179

6.3 Prime contractor, if applicable (name, address, emall, and phone number); Self Performed By Columbla Electric, Inc.

6.4 Architect or engineer (name, email, and phone number); Steven R. Waymire 925 943- 5839

6.5 Project and/or construction manager (name, email, and phone number); Alex Wong 925-943-5899 ext. 2239

6.6 Scope of work performed (as general or as subcontractor); Infrastructure for fiber optic

6.7 Initial contract price and final contract price (Including change orders); $290,300.00 FInal $336,411.58

6.8 Original scheduled completion date and actual date of completion; 06/25/2021 Completed 07/03/2021

6.9 Time extensions granted (number of days); 20

6.10 Number and amount of stop notices or mechanic's liens filed; NONE

6.11 Nature anf resolution of aty proje asisted agaim, lasul, med lation, or arbitration

6.12 involving Bidder, NONE

6.1 Project name, location, and description; City of San Carlos Project No. C9840 Industrial Road & East San Carlos Avenue Traffic Signal, Industrial Road & East San Carlos Ave, 62 Owner (name, address, email, and phone number); City of San Carlos 650 802-4202

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
•

6.3 Prime contractor, If applicable (name, address, email, and phone number); Self Performed By Columbla Electric, Ine

6.4 irchitect or engineer (name, email, and phone number); Grace Le 650 802-4201

6.5 roject and/or construction manager (name, email, and phone number); Katheryr Robertson 650 802-4202

6.6 Scope of work performed (as general or as subcontractor); Traffie Signal Modifcation & New Installation

6.7 Initial contract price and final contract price (including change orders); $372,296.20 Final $422,103.67

6.8 Original scheduled completion date and actual date of completion; 09/02/2018 Completed 08/28/2018

6.9 Time extensions granted (number of days); 10

6.10 Number and amount of stop notices or mechante's liens flled; NONE

6.11 Amount of any liquidated damages assessed against Bidder; and NONE

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bldder. NONE

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
COLUMBIA ELECTRIC, INC. Proposal for PW NO. 01-24-04
Bidder.
5-8 BIDDER'S REQUEST FOR MATERIAL SUBSTITUTION
The Bidder has 15 calendar days after award of the contract for submission of data substantiating a request for a substitution of "an equal" items). (See Bid Documents, Section 3-5.) A request for a substitution of material must be identified on this sheet and submitted as part of the Bid Proposal If no material substation requests, leave the table blank, sign the form and submit with The Bidder here submits a list of substitute material for consideration as "an equal".

Trade Name/Modelor Catalog Number Substitute Trade Name/Model as Specified in Special Provisions or Catalog Number
NONE
wow lane esig
23 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E • Exhibit A
•
Bidder COLUMBIA ELECTRIC, INC. Proposal for PW NO. 01-24-04 5-9 GUARANTEE

CITY OF ALAMEDA
A. The Bidder guarantees the construction and instalation all of the Work inchuded in this Projeot.

B. If within 12 months after the City accepts the Work under the Contract:
(a) any of the materials or equipment prove defective; or the Work as a whole proves defective due to faulty workmanship, material furnished or methods of instalation; or
ne Work or any part of it fais to operate properly as originally intended and i ccordance with the Contract Documents
the Bidder/Contractor agrees to the following:
to tin consis co the cared a dear or a spend bed on at rig a lor materials replaced and the cost of removing and replacing any other Work necessary to make the replacement or repairs; or
pon demand by the City, to replace any such material and to repair the Worl ompletely without cost to the City so that the Work will function successfully as original contemplated.

C. The City has the unqualified option to make any needed replacements or repairs itself or to nave those replacements or repairs done by the Bidder/Contractor. If the City chooses to have tne Work performed by the Bidder/Contractor, the Bidder/Contractor agrees that the Bidder/Contractor will make the repairs and furnish the materials as are necessary, within a reasonable time after City's demand. If Bidder/Contraotor falls or refuses to comply with the Bidder/Contractor's obligations under this guaranty, the City is entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of that failure or refusal.

COLUMBIA ELECTRIC, INC. 2/13/24
Bidder/Contractor Date
24 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E 3/19/2024

ACORD CERTIFICATE OF LIABILITY INSURANCE
CER EATE OES OP APPARATE OR NEDARRNATION PAY AND ER I RICE UP TO SEE ATE HOLDER THIEl

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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the cortificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subjoct to the terms and conditions of the policy, cartain policles may require an endorsement. A statoment on this certificate doos not confer rights to the certificate holder in lleu of such endorsement(8).

CANA Chris Kelley
NAKE:

Woodruff-Sawyer & Co. (ALE. Me. Fixt): 415-402-6521 HONE 1AG. Nel: 415-882-9923 50 California Street, Floor 12
San Francisco CA 94111 ARPRESS: [email protected] INSURER(8) AFFORDING COVERAGE NAICO
INSURERA: Travelers Prop Casualty Co of America 26874
іселвої: 9328594
INSURED OLUELE-0 25682
INSURER B: Travelers Indemnlty Company of CT
Columbia Electric, Inc. INSURER G: Everest Indemnlty Insurance Company. 10851 1980 Davis Street
San Leandro CA 94577 INSURER D: Westchester Surplus Lines Insurance Company 10172 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 958436165 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHBTANDING 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.

TYPE OF INSURANCE ADDL BUBRI LIMITS

INSO WAR POLICY NUMBER
X COMMERCIAL GENERAL LIABILITY Y DT22C02X531887TCT23 10/1/2023 10/1/2024 EACH OCCURRENCE 31.000,000

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (En pocumence) 5300,000
MED EXP (Ary one person) 55,000
PERSONAL & ADV INJURY $1,000,000
GENL AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $2,000,000 POLICY LOC PRODUCTS - COMPIOP AGG 32,000,000
$
OTHER:

AUTOMOBILE LIABILITY 8102X531887TCT23 10/1/2023 10/1/2024 $1,000,000 X ANY AUTO BODILY INJURY (Per parson) $
OWNED SCHEDULED BODILY INJURY (Per goddent) 5
TOS ONLY AUTO8
'ON-OWNED ROPERTY DAMAL
AUTOS ONLY AUTOS ONLY ST ROOSO:

X UMBRELLA LIAB OCCUR CUP2X5338192328 10/1/2023 10/1/2024 EACH OCCURRENCE 35,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE 36,000,000

DED RETENTIONS
WORKERS COMPENSATION y | UB2X4374752326G 10/1/2023 10/1/2024

AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 NIA
EL. DISEASE - EA EMPLOYEE $ 1,000,000
EL DISEASE -POLICY LIMIT $1,000,000
8 Poston Last (and Layer C2EX0017423 1002022 10/1/2024 4,000,00 7165697400: 10/1/2025 2,000,00

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ACCORDANCE THE POLICY PROVISIONS. NOTICE WILL BE DELIVERED IN

AUTHORIZED REPRESENTATIVE
Zoe Anarbany
® 1888-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Policy #DT22CO2X531967TCT23

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROVISIONS
The following is added to SECTION II - WHO IS AN
INSURED:

Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve,
a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that accurs, or for "personal field orders or change orders, or the preparing, approving, or failing to
on and wil had par he contes or prepare or approve, drawings and specifications; and
agreement is in effect; and (b) Supervisory, inspection, architectural or Do If, and only to the extent that, such injury or engineering activities. (2) Any "bodily injury" or "property damage"
caused by "your work" and included in the
"products-completed operations hazard"
unless the written contract or agreement
the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured Is the policy period. subject to the following provisions: 6. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties:
shown in the Declarations exceed the minimum
limits required by the written contract (1) Give us written notice as soon as practicable or of an "occurrence" or an offense which may
agreement, the insurance provided to the result in a claim. To the extent possible, such additional insured will be limited to such
minimum required limits. For the purposes of notice should include:
determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum timits required by the written contract or or offense took place; agreement will be considered to include the
minimum limits of any Umbrella or Excess (b) The names and addresses of any injured lability coverage required for the additional persons and witnesses; and Insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section Ill - Limits Of
Insurance.

0. The insurance provided to such additional (2) If a claim is made or "sult" is brought against insured does not apply to: the additional insured:

CG D2 46 04 19 © 2018 The Travelers Indemnity Company. Al rights reserved. Page 1 of 2 DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or "suit" as soon as practicable. condition does not affect whether the insurance provided to such additional
(3) Immediately send us copies of all legal Insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "sult", and otherwise Other Insurance, of Section IV - Commercial comply with all policy conditions. General Liability Conditions.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Policy #DT22CO2X531967TCT23

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has pald its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relled contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each Insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations.

Required By Written Contract 7. Separation Of Insureds
If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies:
contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured
Named Insured; and
which covers such insured as a named insured,
and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or "sult" is brought.
(1) The "bodily injury" or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us
(2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights
agreement by you. to us and help us enforce them.

5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is malled, proof of mailing will be sufficient the eamed premium for that pertod and send proof of notice. notice to the first Named Insured. The due date
for audit and retrospective premiums is the date SECTION V - DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast of the advance and audit premiums paid for the bublished to the general public or specific marke policy perlod is greater than the eamed segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or supporters. For the purposes of this definition:

The first Named Insured must keep records of 1. Notices that are published include materia the information we need for premium laced on the Internet or on similar electronic computation, and send us coples at such times means of communication; and as we may request.

6. Reprosentations
By accepting this policy, you agree:
supporters is considered an advertisement.

Includes copyrighted matertal of Insurance Services Office, Inc, with its permission, DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Policy &DT22CO2X531967TCT23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR CONTRACTORS
This endarsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to A. Who Is An Insured - Unnamed Subsidiaries C. Incidental Medical Malpractice B. Banes Pained authorization ernie al D. Blanket Waiver Of Subrogation E. Contractual Liability - Rallroads
Operations F. Damage To Premises Rented To You
PROVISIONS a. An organization other than a partnership, Joint A. WHO IS AN INSURED - UNNAMED venture or limited liability company; or SUBSIDIARIES to. A trust;
The following is added to SECTION II - BHO 18 as indicated in its name or the documents that AN INSURED: govern its structure.

Any of your subsidiarles, other than a partnership, B. BLANKET ADDITIONAL INSURED - joint venture or limited llability company, that is GOVERNBENTAL ENTITIES - PERMITS OR not shown as a Named Insured in the AUTHORZATIONS RELATING TO OPERATIONS Declarations Is a Named Insured if:

The following is added to SECTION II - WHO 1S
& You are the sole owner of, or maintain an AN INSURED:
ownership Interest of more than 50% in, such
subsidiary on the first day of the polloy period; Any govemmental entity that has issued a permit or authorization with respect to operations
b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, tuilding code or written contract or agreement to include as an
addltional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily and verising thuny arting our such operations
committed:
& Before you maintained an ownership interest The insurance provided to such govemmental of more than 50% in such subsidiary; or entity does not apply to:

B. After the date, if any, during the policy period do Any "badlly injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50% in such subsidiary. operations performed for the govemmental For purposes of Paragraph 1. of Section I - Who
. Any "bodily injury" or "property damage
Is An Insured, each such subsidiary will be Included
the "products-complete
deemed to be designated in the Declarations as: operations hazard".

CG D3 16 02 19 * 2017 The Travelars Indamnity Company, Al rights reserved. Page 1 of 3 Includes copyrighted matarial of Insurance Sarvices Office, Inc., with its parmission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the knowledge or consent of, the insured.

1. Tennowing replace regraph b. of the definition "occurrence" •. Teetorming is added to the DEFINIONS DEFINITIONS Section:
b. An act or omission committed in providing "Incidental medical services" means:
or falling to provide incidental medical a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or
instruction, or the related fumishing of
food or beverages; or

2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II - WHO IS medical, dental, or surgical supples or Unless you are in the business or occupation 6. The following is added to Paragraph 4.b. of providing professional health care services, Excess Insurance, of SECTION IV - Paragraphs (1)(a), (b), (c) and (d) above do (eland (%) about of COMMERCIAL GENERAL LIABILITY not apply to "bodlly injury" arising out of CONDITIONS:
providing or falling to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis, that assistant, emergency medical technician is avallable to any of your "employees" for or paramedic: or "bodily injury" that arises out of providing or (b) First aid or "Good Samaritan services" by failing to provide "Incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to " other than an employed or Paragraph 2.a.(1) of Section II - Who Is An volunteer doctor. Any such "employees" Insured.
or "volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan
services" during their work hours for you The following is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us scope of their employment by you or of SECTION IV - COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS:
of your business. If the insured has agreed in a contract or

3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 6. of SECTION III - LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the organization, but only for payments we make
applicable Each Occurrence Limit, all relater because of:
eling precedenter medica a. "Bodily injury" or "property damage" that occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;

4. The following exclusion is added to subsequent to the execution of the contract of Paragraph 2., Exclusions, of SECTION I - agreement.

COVERAGES - COVERAGE A - BODILY E. CONTRACTUAL LIABILITY - RAILROADS

INJURY AND PROPERTY DAMAGE
LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "Insured contract" in the DEFINITIONS Section:
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL GENERAL LIABILITY

2. Paragraph 1(1) of the definition of "insured *. Amporn so pled by you edit permission contract" in the DEFINITIONS Section is
deleted. of the owner, or
F. DAMAGE TO PREMISES RENTED TO YOU
Three in he DEFiN thoset of promises • EATE
"Premises damage" means "property damage" to:

CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., With its permission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Policy #8102X531967TCT23 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
PROVISIONS 2 Thousand of EcONo Bushes Atro

1. The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED CONDITIONS:

AUTOS LIABILITY COVERAGE:
his includes any person or organization who yo
re required under a written contract or agret
tional insured person or organization is a named
you, that is signed by you before the bodily inju-
ry" or "property damage" occurs and that is in ef-
fect during the policy period, requires this insur-
ance to be primary and non-contributory.

CA T4 99 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of insurance Services Office, Inc. with its permission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E Policy #8102X531967TCT23

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

C. EMPLOYEE HIRED AUTO EXPENSES - INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS - INCREASED K. AIRBAGS

LIMITS L NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO - LIMITED WORLDWIDE COV- LOSS
ERAGE - INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS

PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured"
The following is added to Paragraph A. 1., Who Is under the Who Is An Insured provision contained An Insured, of SECTION II - COVERED AUTOS in Section II.

LIABILITY COVERAGE:

C. EMPLOYEE HIRED AUTO
Any organization you newly acquire or form dur-
ing the policy period over which you maintain %. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II - COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE:

Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II - COVERED Other Insurance, of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:

Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own:
executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effec rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos
your "employee" under a contract i
Liability Coverage, but only for damages to which an employee's" name, with you CA T3 53 02 15 * 2015 The Travelers Indatinity Company. All rights reserved. Page 1 of 4 Includes copyrighted matertal of Insurance Services Office, Inc. with its permission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL AUTO
ermission, while performing dutie (a) With respect to any claim made or "suit" lated to the conduct of your bus brought outside the United States of ness. America, the territories and possessions
of the United States of America, Puerto
Here or boroved that a diver hod. Rico and Canada:
covered "auto". (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- te any such claim or "suit" and keep
The following is added to Paragraph A. 1., Who Is us advised of all proceedings and ac.

An Insured, of SECTION II - COVERED AUTOS tions.

LIABILITY COVERAGE:

Any "employee" of yours Is an "insured" while us- (il) Neither you nor any other involved "insured" will make any settlement
ing a covered "auto" you don't own, hire or borrow without our consent.

In your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS - INCREASED (il) We may, at our discretion, participate in defending the "insured" against, or
LIMITS in the settlement of, any claim or
"suit".
(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 cluding 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 fumish sured" pays with our consent, but these bonds. only up to the limit described in Para-
graph C., Limits Of Insurance, of

2. The following replaces Paragraph A.2.a.(4), SECTION II - COVERED AUTOS of SECTION II - COVERED AUTOS LIABIL-
LIABILITY COVERAGE.

ITY COVERAGE:
(v) We will reimburse the "insured" for
(4) All reasonable expenses incurred by the the reasonable expenses incurred "insured" at our request, including actual
with our consent for your investiga-
tion of such claims and your defense
cause of time off from work.
of the "insured" against any such
F. HIRED AUTO - LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE - INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C.. Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory. SECTION II - COVERED AUTOS of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
make such payments ends when we
(5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses.

United States of America applies to and pro-
hibits the transaction of business with or (b) This insurance is excess over any valic within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, 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
or borrow from any of your "employees".
partners (if you are a partnership), members
(if you are a limited lability company) or Canada.
members of their households.

Includes copyrighted materfal of Insurance Services Office, inc. with its permission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL AUTO
You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- his coverage applies only in the event of a tot try up to the minimum limits required by eft of your covered "auto local law. Your fallure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will
not invalidate the coverage afforded by coverage.
this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III - PHYSICAL DAMAGE surance requirements. COVERAGE:
(d) It is understood that we are not an admit-
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 . If that "auto" is a covered "auto" for Compre for compliance in any way with the laws hensive Coverage under this policy of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE - GLASS ranty; and
The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III - PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss".

No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS
replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF SECTION IV - BUSINESS AUTO CONDITIONS:

USE - INCREASED LIMIT
Your duty to give us or our authorized representa-
The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III - PHYSICAL DAMAGE COVERAGE: to:

However, the most we will pay for any expenses (a) You (if you are an individual):
for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership):
$750 for any one "accident".
(c) A member (if you are a limited liability com-

1. PHYSICAL DAMAGE - TRANSPORTATION pany:

EXPENSES - INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III - PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no tice of the "accident" or "loss"
We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in
The following replaces Paragraph A.5., Transfer
curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV - BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS:

The following is added to Paragraph A.4., 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" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 D 2015 The Travelers Indemnity Company. All rights reserved Page 3 of 4 nctudes copyrighted material of Insurance Services Office, Inc. with its permlaslor DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E

COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
cealment,

Includes copyrighted matertal of Insurance Services Office, Inc. with its permission.

DocuSign Envelope ID: 473D3EA7-682B-4B9F-AC5F-77647FEFDC8E •

TRAVELERSS WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 8903781 A) -
POLICY NUMBER: UB2X4374752326G

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
le have the right to recover our payments from anyane llable for an injury covered by this pollcy. We will mo nforce our right againat the parson or organization named in the Schedut The additional premium for this endorsement shall bo % of the calfornia workers compensation pro. mium.

Schedulo
Person or Organization dob Description
Any person or organization for whom the All Califormia Operations.

Named Insured has agreed by written contract
to furnish thia waiver.

State or dorement changes the poly to which it is attached and is offertive on the date lased unles otherwis (The Informution belor is required only when this endorsement is issuad subsequent to proparation of the polley.)
Ensured: Columbia Electric, Ind 10/1/202: Policy No. UB2X4374752326G Endorsement No.

Premium
Insurance Company Travelera Property Casualty Countersigned by _ Company of America
DATE OF ISSUE: 10/1/2023 ST ASSIGN: Page 1 of 1