Exhibit 1: Agreement — Alameda City Council, May 7, 2024

Chrisp Company 1 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02

CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of May 2024, by and between the CITY OF ALAMEDA, a municipal corporation (“the City"), and CHRISP COMPANY , a California corpora tion whose address is P O BOX 1368, FREMONT, CALIFORNIA 94538, (“Contractor”), in reference to the following:

RECITALS:

A. The City is a municipal corpor ation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.

B. The City is in need of the following services: Park Street C ommercial Corridor Striping Project. City staff issued plans and specifications on February 29, 2024, after a submittal period of twenty-one days received two timely submitted bids, and the bids were opened on March 21, 2024. Staff reviewed the bids and selected the lowest responsive and responsible bidder.

C. Contractor possesses the skill, experience, ability, backgroun d, certification and knowledge to provide the services d escribed in this Agreement o n the terms and conditions described herein.

D. Whereas, the City Council authorized the City Manager to exec ute this agreement on May 7, 2024.

E. The City and Contractor desire to enter into an agreement for Park Street Commercial Corridor Striping Project, upon the terms and conditions herein.

NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. TERM:

Contractor shall have twenty (20) consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.

2. SERVICES TO BE PERFORMED:

Contractor agrees, at its own cos t and expense, to furnish all labor, tools, equipment, materials, except as otherwise s pecified, and to do all work st rictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expres sly made a part hereof with th e same force and effect as if the same were fully incorporated he rein. Contractor acknowledges t hat the work plan included in Exhibit A is tentative and does not commit the City to request C ontractor to perform all tasks included therein.

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Park Street Commercial Street Restriping P.W. No. 01-24-02

3. 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 attac hed hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by theCity, with checks drawn on the treasury of the City.

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 writing.

Payment shall be made for 95% of the value of the work complete d as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retai ned amounts shall be paid to Cont ractor within sixty days of 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 $227,756, which includes Bid Alt 3 (ADA parking spaces) is $14,408 and a five percent contingency in the amount of $11,388 for a total not to exceed of $239,144. Use of continge ncy shall be for items of w ork 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, m ake prompt and regular incremental acceptances of portions of the contract work and pa y 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 completed and accepted by the City, including incremental acceptances of portions of the contract work. A ny delay or postponement of pa yment may take place only for good cause and with the City’s prior written approval. Any viol ation of these p rovisions shall subject the violating prime contractor to the penalties, sancti ons, and other remedies specified in Section 7108.5 of the California Business Professions Code. Th is requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including bu t not limited to remedies under California Public Contract Code Section 9204. This clause appl ies to both DBE and non-DBE subcontractors.

4. TIME IS OF THE ESSENCE:

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

It is agreed by the parties to this Agreement that if all the wor k called for under the Agreement is not completed bef ore or upon the expiration of the time limit as set forth in

Chrisp Company 3 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 Paragraph 1 above, da mage 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 FOURTEEN HUNDRED DOLLARS ($1,400) per day as liquidated damages for each and every day's delay beyond the time prescribed to compl ete 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 Co ntractor 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 spe cified, 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 City decides to extend the time limit for the complet ion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for the wo rk, 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 a n y d e l a y i n t h e completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restri ction, strikes, freight embar goes, and unusually severe weather or 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 d elay, 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 exper ienced personnel who are not employed by the City nor have any contractual relationship with the City.

6. INDEPENDENT PARTIES:

Contractor hereby declares tha t it is engaged as an independent business and it agrees to perform its services as an inde pendent contractor. The manner and means of conducting the work are under the control of Cont ractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil s ervice 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, v acation and sick leave are availa ble from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PE RS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. P ayments of the above items, if required, are the responsibility of Contractor.

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Park Street Commercial Street Restriping P.W. No. 01-24-02

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rul es and regulations. Contractor s hall indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractor s or suppliers shall harass or d iscriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state 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 informati on, marital stat us, 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 Co uncil, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, ob ligations, claims, suits, judgments, cost s and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“ Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contr actor even if the City is foun d 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 reimburseme nt 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 h ave any obligations to indemni fy 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 Agreem ent 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 obli gation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.

Contractor’s obligation to indemn ify, defend and hold harmless I ndemnities shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:
a. 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 da tes of expiration of insurance c overage in compliance with

Chrisp Company 5 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 paragraphs 10.b. (1) through (4). Such certificates, which do no t limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affordi ng coverage shall provide thirty (30) days advance written notice to the City of Alameda, At tention: Risk Manager.”
Contractor shall maintain in force at all times during the perf ormance of this Agreement all appropriate coverage of insu rance required by this Agreemen t with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at l east BBB unless otherwise acceptable to the City. Endorsements naming the City, its City C ouncil, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
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 o f $4,000,000 will be considered equivalent to the required minimum limits shown a bove.

Additional Insured Endorsement naming the City, its City Counci l, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

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

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
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.

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Park Street Commercial Street Restriping P.W. No. 01-24-02 (4) Pollution Prevention:

Legal liability required for haza rdous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement na ming the City, its City Council, boards, commissions, officials, employe es, agents, and volunteers is required.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waiv e rights of subrogation which a ny insurer of Contractor may acquire from Contractor by vi rtue of the payment of any los s. Contractor agrees to obtain any endorsement that may be nece ssary 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’ Comp ensation policy shall be endorsed with a waiver of subrogation in favor of the 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 sha ll be compensated by Contracto r 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, emp loyees and volunteers shall be named as an additional insured under all insurance cov erages, except worker’s compensation insurance. The na ming of an additional insured sh all not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional in sured shall not be required t o contribute anything toward any loss or expense covered by the insurance provided by this polic y. The additional insured coverage under the Contractor’s policy shall be primary and non -contributory and will not seek contribution from the City’s insurance or self-insurance. f. SUFFICIENCY OF INSURANCE:

Contractor shall furnish the following bonds from a bonding com pany acceptable to the City’s Risk Manager. Faithful Performance Bond and Labor and Ma terial Bond are only required for work over $25,000. The refore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,00 0 will need to be sure to budget for the bond premiums.

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.

Chrisp Company 7 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet t he limits of liability required by this Agreement, then said policies shall be true “f ollowing form” of the underlying policy coverage, term s, conditions, and provisions and shall me et all of the insurance requirements stated in this Agreement, including but not limite d to, the additional insured, SIR, and primary insurance requirement s stated therein. No insuranc e 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:

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

12. PROHIBITION AGAINST TRANSFERS:

Contractor shall not assign, subl ease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law o r 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 a ssignment, hypothecation or transfer. Howev er, Contractor’s claims for money from the City under this Agreement may be assigned to a ba nk, trust company or other financial institution without prior written consent. Written n otice of such assignment shall be promptly furnished to the City by Contractor.

The sale, assignment, transfer or other disposition of any of t he issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint vent ure or syndicate or cotenancy, which shall result in changing th e 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 tho se people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.

Requests for additional subcontracting shall be submitted in wr iting, describing the scope of work to be subcontracted and the name of the proposed subcon tractor. Such request shall set forth the total price or hourly rates used in preparing estimat ed costs for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.

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Park Street Commercial Street Restriping P.W. No. 01-24-02 In the event that Contractor emp loys subcontractors, such subco ntractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable confor mity to the insurance carried by Contractor. In addition, any wo rk or services subcontracted he reunder shall be subject to each provision of this Agreement.

14. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain duri ng 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 oth er document reproduced, prepared or caused to be prepared by Contractor pursuant to or i n connection with this Agreement shall be the exclusive property of the City.

No report, information nor other data given to or prepared or as sembled by Contractor pursuant to this Agreement shall be made available to any indiv idual 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 re spect to sales, costs, expenses, receipts and other such information required by the Ci ty that relate to the performance of services and work under this Agreement.

Contractor shall maintain adequa te records of services and work provided in sufficient detail to permit an evaluation of services and work. All such r ecords shall be maintained in accordance with generally accepted accounting principles and sha ll be clearly identified and readily accessible. Contractor shall provide free access to su ch books and records to the representatives of the City or its designees at all proper times , and gives the City the right to examine and audit same, and to make transcripts therefrom as ne cessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.

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 or audit of the records disclose s a failure to adhere to approp riate internal 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.

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Park Street Commercial Street Restriping P.W. No. 01-24-02

17. NOTICES:

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

All notices, demands, requests, o r 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 94501-7575
ATTENTION: Robert Vance, Deputy Director
Ph: (510) 747-7972
Email: [email protected]
All notices, demands, requests, o r approvals from the City to C ontractor shall be addressed to Contractor at:

Chrisp Company
P.O. Box 1368
Fremont, CA 94538-0136
ATTENTION: David Morris, Executive Vice President
Ph: (510) 656-2840
Email: [email protected]
SAFETY:

Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hour s. In addition, Contractor wi ll comply with all safety provisions in conformance with U .S. Department of Labor Occupat ional Safety and Health Act, any equivalent state law, and a ll other applicable federal, sta te, county and local laws, ordinances, codes, and any regula tions that may be detailed in other parts of the Agreement.

Where any of these are in conflic t, the more stringent requirem ents will be followed.

Contractor’s failure to thor oughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

Contractor will immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious pers onal injury or substantial prope rty damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of inju red or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

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Park Street Commercial Street Restriping P.W. No. 01-24-02

18. LAWS TO BE OBSERVED:

Contractor shall comply with all applicable laws, state, federa l, and all ordinances, rules and regulations enacted or issu ed by the City. In addition, Cont ractor shall keep itself fully informed of all existing and future state and federal laws and all municipal ordinances and 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 cond uct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

19. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the C ity shall have the right to imp ose, 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, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Prov ider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

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

Effective 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 purpos ed only under Labor Code Section 1771.1(a)). Register at https://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for pu blic work on a public works project (awarded on or after April 1, 2015) unless regist ered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcemen t 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 Cont ractors and Subcontractors mus t furnish electronic certified payroll records directly to the Labor Commissioner at :
https://apps.dir.ca.gov/ecpr/das/altlogin

21. HOURS OF LABOR:

As provided in Article 3 (comme ncing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal d ay's work. The time of service of any worker employed at any time by Contractor or by any subcont ractor on any subcontract under this Agreement, upon the work or upon any part of the wor k contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar wee k, except as hereinafter provi ded. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight

Chrisp Company 11 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 (8) hours per day and forty (40) hours during any one week shal l be permitted upon this public work, provided that the employees’ compensation for all hours wo rked in excess of eight (8) hours per day at not less than 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 b y any subcontractor, for each calendar day during which such wor ker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) c alendar 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-half (1½) times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Collective Bargain ing Contract applicable to each particular craft, classification, or type of worker employed.

22. APPRENTICES:

Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of appr entices by Contractor or any s ubcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the require ments of Sections 1777.5 and 1777. 6 in the employment of apprentices.

Section 1777.5 of the Labor Code requires Contractor or subcontra ctor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previous ly applied and are covered by the local apprenticeship standards.

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) C ontractor employs registered a pprentices 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 funds administrator is unabl e to accept Contractor' require d contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.

Information relative to apprenticeship standards, wage schedule s, and other requirements may be obtained from the Direct or of Industrial Relations, ex-o fficio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

23. LABOR DISCRIMINATION:

No discrimination shall be made in the employment of persons up on public works because of the race, color, sex, religion, age, national origin , sexual orienta tion or physical disability of such persons and every Contractor for public work s violating this section is subject

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Park Street Commercial Street Restriping P.W. No. 01-24-02 to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.

24. 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.

25. 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, con tractor shall use as little as necessary. Contractor shall take all steps necessary to keep w ash water out of the streets, gutters and storm drains.

Contractor shall develop and imp lement erosion and sediment con trol to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protecti on devices such as sand bag bar riers, filter fabric fences, block and gravel filters. (Block storm drain inlets pri or to the start of the rainy season (October 15), on site de-watering activities and s aw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). b. Cover exposed piles of soil or construction material with pla stic 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 a s well as at the end of the eac h work day. At the completion of the project, the st reet shall be washed and the w ash water shall be collected and disposed of offsite in an appropriate location. d. After breaking old pavement, Contractor shall remove all debr is to avoid contact with rainfall or runoff.
e. Contractor shall maintain a cl ean work area by removing trash , litter, and debris at the end of each workday. Contractor shall also clean up any le aks, drips, and other spills 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 construction, up-graded as requi red, maintained during const ruction phases to provide adequate protection, and removed at the end of construction.

These recommendations are intended to be used in conjunction wi th the State’s Best Management Practices Municipa l and Construction Handbooks, loca l program guidance materials from municipalities, Section 7.1.01 of the Standard S pecifications and any other appropriate documents on storm water quality controls for construction.

Chrisp Company 13 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders o r fines. The fine for noncompl iance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. Th e State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.

26. COMPLIANCE WITH MARSH CRUST ORDINANCE:

Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Sec tion 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Offi cial whether the excavation work is subject to the Marsh Crust Or dinance. Contractor shall appl y for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.

27. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:

Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal R egional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Reg ional Water Quality Control Board.
Contractor shall use the most cu rrent IPM technologies available to ensure the long-term prevention or suppression of pest problems and to minimize nega tive impacts on the environment, non-target organis ms, and human health for the con trol or management of pests in and around City buildings and facilities, parks and go lf courses, urban landscape areas, rights-of-way, and other City properties.
Contractor will consider the City IPM Policy’s hierarchy of opt ions 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 res istant 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. mulchi ng, disking, alternative vegeta tion) 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.
Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that require regular application of c hemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the h ierarchy has been reviewed and no other options exist. (Se e Exhibit C). Additionally, Cont ractor shall provide documentation to the City’s project manager of the implementati on of the IPM techniques hierarchy described in the City’s IPM Policy.

Chrisp Company 14 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Envi ronmental 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, cyflut hrin, beta-cyfluthrin, cyperme thrin, deltamethrin, esfenvalerate, lambda-cyhalothri n, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its de g r a date s , a n d indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to wa ter quality is prevented.
Contractor shall sign the Contract or Verification Form (attache d as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a sig ned 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 operati ons including pesticide name, a ctive ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. Contractor shall provide a copy of any current IPM certificatio ns(s) 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.

28. PURCHASES OF MINED MATERIALS REQUIREMENT:

Contractor shall ensure that all purchases of mined materials s uch as construction aggregate, sand and gravel, crushed stone, road base, fill mate rials, and any other mineral materials must originate from a surface mining operation identi fied 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 demons trates that the suppliers are in compliance with the SMARA requi rements. The AB3098 List is mai ntained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be v iewed at:

Chrisp Company 15 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.

29. TERMINATION:

In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required here under, Contractor shall be deeme d in default in the performance of this Agreement. If such default is not cured within a perio d 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 m ay 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, e ach party shall pay to the othe r party that portion of compensation specified in this Agreement that is earned and unp aid prior to the effective date of termination.

30. ATTORNEYS’ FEES AND COSTS:

In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, i nterpret 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 entit led to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

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

Notwithstanding anything else to the contrary stated in the Inf ormation 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 secti on, the term “Claim”, “Contract or”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have t he meaning provided for in PCC Section 9204.

B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in com pliance with PCC Section 9204. C ontractor must include reasonable documentation to support each claim.

C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a writt en statement what portions of the claim are disputed and undisput ed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts no t paid in a timely manner shall

Chrisp Company 16 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02 bear interest at 7% per annum. The City and Contractor may mut ually agree to extend the 45 day response time.

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)(1)(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 confe r 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 statemen t. Undisputed amounts not paid in a timely manner shall bear i n t e r e s t a t 7 % p e r a n n u m . T h e issues remaining in dispute shal l be submitted to non-binding mediation. If the City and Cont ractor mutually agree on a medi ator, 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 c osts 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 al l associated costs of such third party mediator.

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

H. The City reserves all rights and remedies that it has pursuan t 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.

32. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct t he application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction o ver this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.

33. 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.

Chrisp Company 17 01-26-2023
Park Street Commercial Street Restriping P.W. No. 01-24-02

34. WAIVER:

A waiver by the City of any bre ach of any term, covenant, or co ndition 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.

35. INTEGRATED CONTRACT:

This Agreement represents the f ull and complete understanding o f every kind or nature whatsoever between the parties hereto, and all preliminary nego tiations and agreements of whatsoever kind or nature are merged herein. No verbal agreeme nt 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.

36. INSERTED PROVISIONS:

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

37. CAPTIONS:

The captions in this Agreement are for convenience only, are no t a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

38. COUNTERPARTS:

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

39. SIGNATORY:

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

40. CONTROLLING AGREEMENT:

In the event of a conflict bet ween 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 cont ained, including, without limitatio n, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Exhibit A

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions o f the policy, certain policies may require an endorsement. A s tatement on this certificate does not confer rights to the certificate hold er in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CON TRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDE D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/6/2024
Arthur J. Gallagher Risk Management Services, LLC
2121 North California Boulevard
Suite 350
Walnut Creek CA 94596
Certificate Department
925-299-1112 925-953-6270
[email protected]
License#: 0D69293 Starr Indemnity & Liability Company 38318 CHRICOM-02 Tokio Marine Specialty Ins Co 23850
Chrisp Company
43650 Osgood Road
Fremont CA 94539
712341736
A X 2,000,000
X 100,000
5,000
X DED/OCC 2,000,000
4,000,000
X
Y Y 1000025834231 12/1/2023 12/1/2024
4,000,000
A 2,000,000
X
X X
Y Y 1000198720231 12/1/2023 12/1/2024
A X 10,000,000
X
1000587463231 12/1/2023 12/1/2024
10,000,000
X 10,000
A XY 1000004442 12/1/2023 12/1/2024
1,000,000
1,000,000
1,000,000
B Pollution Liability PPK2627959000 12/1/2023 12/1/2024 Limit Aggregate
$3,000,000
$3,000,000Chrisp Job # 10A.24.527 | Client Job #: P.W. No. 01-24-03 | Contract#: P.W. No. 01-24-03.

RE: Webster Street Commercial Corridor Striping Project, Alameda, CA.

ADDITIONAL INSURED(s): City Of Alameda., its City Council, boards, commissions, officials, employees, agents, and volunteers.

NOTICE OF CANCELLATION: The Producer will endeavor to mail 30 days writtennotice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do soshall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms.

City Of Alameda.

Attention: Public Works Department
950 West Mall Square, RM 110
Alameda, CA 94501-7575

1000198720231 12/01/2023

1000198720231
12/01/2023

Includes copyrighted material of ISO Properties, Inc., used with its permission.

ADDITIONAL INSURED- OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
Effective Date:Policy Number:

Named Insured:

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION:

LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:

ADDITIONAL PREMIUM:
(If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
SECTION II -WHO IS AN INSUREDis amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard".

All other terms and conditions remain unchanged.
1000025834231 12/01/2023

Includes copyrighted material of ISO Properties, Inc., used with its permission.

ADDITIONAL INSURED- OWNERS, LESSEES, OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
Effective Date:Policy Number:

Named Insured:

All other terms and conditions remain unchanged.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
NAME OF PERSON OR ORGANIZATION:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
SECTION II -WHO IS AN INSURED 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 additional insured.

With respect to the insurance afforded to these additional insureds, SECTION I-

COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. -Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, m a i n t e n a n c eo rr e p a i r s )t ob e performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or,
(2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
1000025834231 12/01/2023

1000025834231 12/01/2023

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Usof Section
IV – Conditions:

We waive any right of recovery we may have against the
person or organization shown in the Schedule above
because of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a contract with that person or organization
and included in the "products-completed operations
hazard". This waiver applies only to the person or
organization shown in the Schedule above.
1000025834231

12/01/2023

Alameda City CouncilMay 7, 2024

Alameda City Council
May 7, 2024