Alameda City Council
May 7, 2024

MINIMUM CONTENT REQUIRED FOR 100% DESIGN DEVELOPMENT

GUARANTEED MAXIMUM PRICE DOCUMENTS
I. Outline Specifications
A) General Conditions:
1) First draft of General Conditions and Special Conditions in accordance with contract agreements. (City to provide the framework based on other CIP projects)
2) Special phasing requirements as agreed upon by City
departments.

B) W ork Division Categories:
1) Outline narrative by CSI work categories
2) Establish level of quality
3) Material Selections
4) Supporting description to GMP Drawings
II. S ite Work
A
) Site and Utility Plans:
1) Same scale as construction documents
2) Building location
3) Existing and finished contours and spot elevations
4) Site drainage systems
5) Soil boring information (same as C-5)
6) Walks, parking, retaining walls, etc.
7) Mechanical utility lines and tank location, size and depth Assume wet utilities are accessed in contiguous right-of-way. 8) Electrical service, distribution, and site lighting
9) Site limits/constraints
10) Dry utilities drawings (phone, cable, fiber optics, natural gas).

Assume all dry utilities and gas are accessed in contiguous right- of-way.

B) L
andscape Plan:
1) Planting identification and locations (allowance item if no details) and sizes
2) Allowances/provisions
3) Architectural features
4) Irrigation narrative
5) Proposed water features.

C) D etail/Notes:
1) Surfacing, curbs, and walks (min. req. – quantities and details) 2) Utility structures
3) Architectural features – walls, monument signs, site furnishings, etc.
4) Demolition
5) Soil borings report (same as A-5)

III. Structural
A) Footing and Foundations:
1) Typical footings/pile caps
2) Grade beams and foundation walls
3) Tunnels and pits
4) Slabs and stairs on grade
5) Docks, ramps, stoops and shafts
6) Typical details and reinforcing
7) Water stops and moisture protection. This information will be shown in the architectural drawings.
8) Foundation drainage systems. This information will be shown in the architectural drawings.

B) F loor and Framing:
1) Dimension column lines
2) Column and beam layout and sizes
3) Slab system and thickness
4) Shaft walls and floor openings
5) Wind and shear walls
6) Canopy and penthouse framing
7) Sequence requirements
8) Beam and column schedule
9) Typical details, connections, reinforcing
10) Screen wall framing.

C) E xterior wall systems
1) Support framing.
2) Connection details.

IV. A rchitectural
A) Exterior elevations at 1/8" scale:
1) Story heights, elevations, fenestration, materials, penthouses, architectural screens, roof enclosure, skylights and stacks 2) Mechanical openings
3) Typical details and explanatory notations
4) Design criteria for design-build elements (if applicable) B) I nterior plans at 1/8" scale:
1) Double line floor plans
2) Door and window locations
3) Millwork/casework (allowance item if no details)
4) Equipment / special construction
5) Penthouse and roof plans
6) Reflected ceiling plans and notations (min req–quantities and details)
7) Wall type location and schedule.
8) Mechanical/Electrical fixture and equipment
9) Fire and/or smoke separation areas.

C) Interior elevations:
1) Typical rooms at ¼" scale (optional)
2) Special rooms at ¼" scale (optional)
3) Ceiling heights
4) Door and window types
5) Millwork/casework (allowance item if no details)
6) Mechanical/Electrical devices
D) B uilding and wall sections: (critical)
1) Floor elevations
2) Special considerations
3) Typical partition walls
4) Typical exterior walls
5) Thermal and moisture protection
6) Fireproofing
E) S chedules:
1) Interior finishes
2) Door and window
3) Typical/special hardware
4) Equipment
5) Specialties and furnishings
F) L arge scale drawings:
1) Special rooms
2) Typical millwork/casework (allowance item if no details) 3) Equipment
4) Stairs and elevators (plans and shafts) elevator finishes – ceiling, floors, walls.

V. M echanical Systems
A) U nderground waste and supply lines:
1) Single line layout with sizes
2) Storm drain/ roof drain.

B) H VAC Mechanical Equipment:
1) 1/16" scale plans
2) Single line layouts indicating size and or flow requirements for duct systems.
3) Air handling units – location, size and type
4) Chiller – location, size and type
5) Heat exchanger, pumps – location and size
6) Distribution layout.

C) Plumbing, Heat Piping Specialties:
1) 1/16" scale plans
2) Single line layouts indicating size and or flow requirements for piping including site equipment.
3) Zoning References
4) Special filtration requirements

5) Fixture schedule.
6) Pressure requirements & pumps.

D) F ire Protection
1) Performance Specifications for Design-Build Fire Protection Subcontractor.

E) O utline Specifications:
1) Systems narrative for HVAC, Plumbing, Fire Protection, Heat Piping, Chilled Water, Temperature Control and any Special Systems.
2) Commissioning requirements
3) Fire Life Safety
4) Sequence of operations diagram.

VI. E lectrical Systems
A) Equipment:
1) Switch gear – location and size
2) Transformers – location and size
3) Generators (if applicable) – location and size
B) Distribution Systems:
1) 1/16" scale drawings
2) One line power distribution
3) Power to site features / elements.

C) Floor Plan Layouts:
1) 1/16" scale plans
2) Typical lighting fixtures
3) Typical power
4) Typical communications
5) Indication of special requirements
6) Equipment locations
7) Notes of Owner furnished equipment.

D) Outline specifications:

Systems narrative for Fire Alarm, Isolation, Grounding, Communications, Data, Cable Tray, Emergency and Special Systems.

I. Aquatics (Swimming Pools)
A
) Swimming Pool Architectural Plan:
1) Swimming pool plan view(s).
2) Swimming pool longitudinal and cross sections.
3) Swimming pool finish details.
4) Swimming pool rail good details.
5) Swimming pool deck plan view
B) S wimming Pool Structural Plan:

1) Swimming pool / surge tank structural sections.
2) Swimming pool / surge tank estimated reinforcement schedules. 3) Miscellaneous swimming pool structural details.
4) Miscellaneous swimming pool deck and appurtenances structural details.

C) S wimming Pool Mechanical Plan:
1) Swimming pool piping plan.
2) Swimming pool mechanical equipment piping plan.
3) Miscellaneous swimming pool mechanical details.

D
) Swimming Pool Electrical Plan:
1 ) Swimming pool underwater lighting plan.
2) Swimming pool timing system / scoreboard plan.
3) Swimming pool single phase panel schedule.
4) Miscellaneous swimming pool electrical details
E) Swimming Pool DD Level Technical Specifications.

Activity ID Activity Name Orig
Dur
Rem
Dur
Actual
Duration
Start Finish
Alameda Project Schedule - Test UpdateAlameda Project Schedule - Test Update901 736 165 03-Aug-23 A 14-Jan-27 A0000 Start Milestone 0 0 0 03-Aug-23 A
A0620 Phase 0 Complete 0 0 0 14-May-24
Phase 0: Programming and DB Team SelectionPhase 0: Programming and DB Team Selection204 39 165 03-Aug-23 A 14-May-24 A0030 Identify Stakeholders/Define Project Goals 5 0 1 03-Aug-23 A 03-Aug-23 A A0680 Project Kick-off Meeting 0 0 0 03-Aug-23 A
Program and Budget ValidationProgram and Budget Validation 58 0 58 03-Aug-23 A 23-Oct-23 A A0050 Program Development 18 0 18 10-Aug-23 A 04-Sep-23 A A0080 Parking Projections 6 0 6 03-Aug-23 A 10-Aug-23 A A0090 T est Fit Site Layout Sketch 11 0 11 03-Aug-23 A 17-Aug-23 A A0100 ROM Construction Estimates 20 0 20 03-Aug-23 A 30-Aug-23 A A0110 Initial Budget Review 1 0 1 31-Aug-23 A 31-Aug-23 A A0120 Program Refinements and Updated Budgets 19 0 19 04-Sep-23 A 28-Sep-23 A A0130 Final Exhibits for DB RFQ/RFP - Option A and B 17 0 17 29-Sep-23 A 23-Oct-23 A A0690 T eam Work shop - Progr am Review 0 0 0 03-Aug-23 A A0700 SubCommiitee Workshop - Program 0 0 0 09-Aug-23 A Geotechnical and Dewatering InvestigationsGeotechnical and Dewatering Investigations 62 0 62 24-Oct-23 A 17-Jan-24 A A0150 Field Borings and Well Installations 2 0 2 24-Oct-23 A 25-Oct-23 A A0160 Preliminary Report and Recommendations 25 0 25 26-Oct-23 A 29-Nov-23 A A0170 Finalization and Issuance of Attachment 3 2 0 2 16-Jan-24 A 17-Jan-24 A Progressive Design-Build ProcurementProgressive Design-Build Procurement 204 39 165 03-Aug-23 A 14-May-24 A0190 Preparation of Draft PDB RFQ/RFP 39 0 39 03-Aug-23 A 26-Sep-23 A A0200 City Approval of RFQ/RFP 36 0 36 27-Sep-23 A 15-Nov-23 A A0210 Advertisement of RFQ/RFP 1 0 1 16-Nov-23 A 16-Nov-23 A A0220 Mandatory Pre-RFQ/RFP Meeting 1 0 1 17-Nov-23 A 17-Nov-23 A A0230 Proprietary Meetings 2 0 2 12-Jan-24 A 15-Jan-24 A A0240 Finalization and Issuance of Attachment 3 0 0 0 17-Jan-24 A A0250 Design-Build T eam RFQ/RFP Response 34 0 34 20-Nov-23 A 04-Jan-24 A A0260 Ranking of RFQ Responses 5 0 5 05-Jan-24 A 11-Jan-24 A A0270 Review of RFP Responses 5 0 5 18-Jan-24 A 24-Jan-24 A A0280 Finalist Interviews 1 0 1 26-Feb-24 A 26-Feb-24 A A0290 Recommendation to City Staff 5 0 3 27-Feb-24 A 29-Feb-24 A A0300 Blach-ELS Phase 1 Agreement and Exhibits 15 7 8 11-Mar-24 A 29-Mar-24 A0330 Contracts, Insurance, Notice to Proceed 5 5 0 08-May-24 14-May-24 A0650 City Council Approval of DBE 0 0 0 07-May-24*
A0660 Staff Report 0 0 0 01-Apr-24*
Phase 1: Outreach, SD, DD, & GMP AwardPhase 1: Outreach, SD, DD, & GMP Award 172 172 0 21-May-24 15-Jan-25 A0350 City Council Study Session - Outreach Strategies 1 1 0 21-May-24 21-May-24 A0360 Community Outreach and Final Program Direction 30 30 0 22-May-24 02-Jul-24 A0370 City Council Meeting - Final Program Direction 1 1 0 03-Jul-24 03-Jul-24 A0380 Schematic Design 30 30 0 04-Jul-24 14-Aug-24
A0390 Schematic Design Committee Review 10 10 0 15-Aug-24 28-Aug-24 A0460 Design Development 40 40 0 29-Aug-24 23-Oct-24
J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D 2023 2024 2025 2026 2027
Start Milestone
Phase 0 Complete
Identify Stakeholders/Define Project Goals
Project Kick-off Meeting
Program Development
Parking Projections
T est Fit Site Layout Sketch
ROM Construction Estimates
Initial Budget Review
Program Refinements and Updated Budgets
Final Exhibits for DB RFQ/RFP - Option A and B
T eam Work shop - Progr am Review
SubCommiitee Workshop - Program
Field Borings and Well Installations
Preliminary Report and Recommendations
Finalization and Issuance of Attachment 3
Preparation of Draft PDB RFQ/RFP
City Approval of RFQ/RFP
Advertisement of RFQ/RFP
Mandatory Pre-RFQ/RFP Meeting
Proprietary Meetings
Finalization and Issuance of Attachment 3
Design-Build T eam RFQ/RFP Response
Ranking of RFQ Responses
Review of RFP Responses
Finalist Interviews
Recommendation to City Staff
Blach-ELS Phase 1 Agreement and Exhibits
Contracts, Insurance, Notice to Proceed
City Council Approval of DBE
Staff Report
City Council Study Session - Outreach Strategies
Community Outreach and Final Program Direction
City Council Meeting - Final Program Direction
Schematic Design
Schematic Design Committee Review
Design Development
Project ID: Alameda Project Sche
Project Name: Alameda Project Schedule - Test Update
Data Date: 21-Mar-24
Printed: 21-Mar-24
Blach Construction Company
Alameda Project Schedule - Test Update
1 of 2
Filters: TASK filter: All Activities
Layout: GB9 Print
Alameda Aquatics Center
Exhibit C - Phase 1 Project Schedule

Activity ID Activity Name Orig
Dur
Rem
Dur
Actual
Duration
Start Finish
A0470 Negotiate Guaranteed Maximum Price 30 30 0 24-Oct-24 04-Dec-24 A0480 City Council Approval of DEB Agreement - Phase 2 1 1 0 15-Jan-25 15-Jan-25 Initial EntitlementsInitial Entitlements 90 90 0 29-Aug-24 01-Jan-25 A0410 Planning Submittal, Review , Comments 30 30 0 29-Aug-24 09-Oct-24 A0420 CEAQ - Mitigated Negative Declaration 80 80 0 29-Aug-24 18-Dec-24 A0430 Design Review Board 40 40 0 29-Aug-24 23-Oct-24
A0440 Department Head Reviews 40 40 0 29-Aug-24 23-Oct-24 A0450 Planning Approval 10 10 0 19-Dec-24 01-Jan-25
Phase 3: CD's & ConstructionPhase 3: CD's & Construction 490 490 0 02-Jan-25 18-Nov-26 A0500 Construction Documents 60 60 0 02-Jan-25 26-Mar-25 PermittingPermitting 80 80 0 27-Mar-25 16-Jul-25
A0520 Demolition, Grading, Utilities 40 40 0 27-Mar-25 21-May-25 A0530 Foundations, Footings, Slab on Grade 60 60 0 27-Mar-25 18-Jun-25 A0540 Building Permit 80 80 0 27-Mar-25 16-Jul-25
ConstructionConstruction 390 390 0 22-May-25 18-Nov-26
A0560 Groundbreaking through Substantial Completion 390 390 0 22-May-25 18-Nov-26 Phase 4: Occupancy & CloseoutPhase 4: Occupancy & Closeout 41 41 0 19-Nov-26 14-Jan-27 A0580 Punchlist 20 20 0 19-Nov-26 16-Dec-26
A0590 Final T esting and Inspections 20 20 0 19-Nov-26 16-Dec-26 A0600 Move-In 20 20 0 17-Dec-26 13-Jan-27
A0610 Start of Operations 1 1 0 14-Jan-27 14-Jan-27
A0640 Finish Milestone 0 0 0 14-Jan-27
J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D 2023 2024 2025 2026 2027
Negotiate Guaranteed Maximum Price
City Council Approval of DEB Agreement - Phase 2
Planning Submittal, Review , Comments
CEAQ - Mitigated Negative Declaration
Design Review Board
Department Head Reviews
Planning Approval
Construction Documents
Demolition, Grading, Utilities
Foundations, Footings, Slab on Grade
Building Permit
Groundbreaking through Substantial Completion
Punchlist
Final T esting and Inspections
Move-In
Start of Operations
Finish Milestone
Project ID: Alameda Project Sche
Project Name: Alameda Project Schedule - Test Update
Data Date: 21-Mar-24
Printed: 21-Mar-24
Blach Construction Company
Alameda Project Schedule - Test Update
2 of 2
Filters: TASK filter: All Activities
Layout: GB9 Print
Alameda Aquatics Center
Exhibit C - Phase 1 Project Schedule

Phase 1
ELS Team
Public Outreach $126,000
Concepts/Programming $123,750
Schematic Design $371,250
Design Development $816,750
Construction Documents $742,500
Multiple Bid Packages $152,000
Permitting $49,500
Blach Team
M/E/P Subcontractor Design/Engineering $275,000
Pre-Construction Services $300,000
Overhead and Profit $0
Phase 2
Construction Administration $371,250
TOTALS DESIGN FEES $2,753,000
BLACH PRE-CONSTRUCTION/OH&P/INSURANCE $575,000
TOTAL DESIGN-BUILD TEAM BUDGET $3,328,000
PHASE 1 BUDGET $2,956,750
PHASE 2 BUDGET $371,250
ELS BASIC SERVICES $2,475,000
OUTREACH $126,000
MULTIPLE BID PACKAGES $152,000
M/E/P DESIGN & ENGINEERING $275,000
BLACH PRE-CONSTRUCTION $300,000

EXHIBIT D - SCHEDULE OF PRE-CONSTRUCTION FEES
Molly Pryde
Project Engineer
Blach

ALAMEDA AQUATIC CENTER

EXHIBIT E - DESIGN-BUILDER KEY PERSONNEL
Dana Vollmer-Grant
Assoc. AIA WELL AP, CBSM
Aquatic and Community
Engagement Leader
ELS
Ántonia Bowman,
AIA, LEED AP BD+C, Assoc. DBIA
Architect, Construction
Administration Specialist
ELS
Lukas Mickevicius
MEP Coordinator
Blach
James Woodbury,
DBIA
Vice President -
Project Design Executive
Blach
Rey Flores
Construction Project
Manager
Blach
Kevin Brady, DBIA
Preconstruction Director
Cost Controls & Budgeting
Design Manager
Blach
Clarence D. Mamuyac, Jr.

FAIA, LEED AP BD+C
President/CEO - AOR,
Architectural Principal in
Charge
ELS
Matt Steffen
Sr. Superintendent/
Scheduling
Blach
Kenneth Hasegawa

AIA, NCARB
Design Principal
ELS
William Gordon
AIA, LEED AP BD+C
Project Manager
ELS
Anthony Grand
AIA, LEED AP BD+C
Senior Designer
ELS
Design-Build Subconsultants & Subcontractors
Allen Nudel
Forell/Elsesser
Structural EOR
Chris Stovall
Cosco
Fire Protection
Tracy Chan
Assoc. AIA
BIM Lead, Designer
ELS
Loek Vaneveld
Western Allied
Mechanical
Mechanical
EOR
Alyse Falconer
Point Energy
Innovation
Basis of Design
Mark Fisher
Design Electric
Electrical
EOR
Marco
Esposito
SWA
Landscape
Architect
Todd Kuchta
J.W. McClenahan
Plumbing
EOR
Dennis
Berkshire
ADG
Aquatic Consultant
Eric Swanson
BKF
Civil EOR
Brett Smith
California
Commercial
Pools
Pool Contractor
Main Point
of Contact

EXHIBIT F

PROJECT STABILIZATION AGREEMENT

Contractor/Employer(s) and the Union(s) so that a satis relationship will exist among the parties to this Agreement; 'actory, continuous and harmonious
and
WHEREAS,thepartiesagree thatoneof the primarypurposesof thisAgreementis to avoidthe tensionsthat might arise on the Projectif union and non-unionworkers of differentemployers were to work side by side on the Project thereby leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modifyexistinglocal or nationalcollectivebargainingagreementsin effectduringthe duration of the Project,insofaras a legallybindingagreementexistsbetweenthe Contractor/Employer(s)and the affected Union(s), except to the extent that the provisionsof this Agreement are inconsistent with said collective bargaining agreements, in which event, prevail; and
the provisions of this Agreement shall
WHEREAS,the contract(s)for constructionwork on the projectwill be awardedin accordance with the applicable provisions of the California Public Contract Code; and WHEREAS, the city of Alameda desires to provide construction training and employment opportunitiesfor residentsof the city of Alamedaand AlamedaCountythrough apprenticeand pre-apprentice programs; and
WHEREAS, the parties to this Agreement pledge their full mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE 1

DEFINITIONS
"City" means the city of Alameda.
"Agreement" means this Project Stabilization Agreement and all attached hereto Addenda. "Agreement To Be Bound" means the document, as set forth in Addendum A hereto, that formallybinds theContractor/Employer(s)to complywith all the terms andconditionsof this Agreement and that operates as a pre-condition
good faith and trust to work towards a
to performing work on the Project.

1.1 1.2

1.3 1.4 "Apprentice"means an individualregisteredand participatingas an apprenticein a Joint Labor/ManagementApprenticeship Program approved by the State of California, Departmentof IndustrialRelations,Divisionof ApprenticeshipStandards.

City of Alameda Project Stabilization Agreement

1.5 "Completion"shall mean the date upon which the writtennoticeof completionhas been issuedfora specificbuilding,phaseorprojectconstructedunderthisAgreement.

1.6 "ConstructionContract"meansthepublicworksor improvementcontract(s)whichwillbe awarded by the City and which are necessary to complete the Project, including subcontracts at any tier.

1.7 "Contractor/Employer(s)"means any individual, firm, partnership or corporation, or combination thereof, including joint ventures, and their successors and assigns that is an independent business enterprise and enters into a contract with the City or its Project Manager or any of its contractors or subcontractors at any tier, with respect to the construction of any partofthe Project under contract terms and conditions approved by the City and which incorporate this Agreement.

1.8 "Coordinator" means that individual or entity designated and authorized by the City to provide those administrative services required by this Agreement.

1.9 "Council" means the Building and Construction Trades Council of Alameda County, AFL- CIO.

1.10 "Master Labor Agreement" ("MLA" or "Schedule A") means the Master Collective Bargaining Agreement of each craft Union(s) signatory to this Agreement listed in Exhibit A to this Agreement and incorporated herein by reference, a copy of which shall be made available to the City upon request.

1.11 "Project" means those Construction Contracts for individual public works, within the City of Alameda with a total value (as estimated by the City) of one million dollars ($1,000,000.00) or more. Specifically excluded from this definition of Project and, therefore, the scope of this Agreement are multi-year contracts that have already been let by the City. The City and the Council may mutually agree in writing to add additional components to the Project Scope of Work to be covered under this Agreement.

1.12 "Project Manager" means the person or persons or business entity designated by City or private developer having control over a public works project to oversee all phases of construction on the Project.

1.13 "Trust Fund(s)" means an agreement for an established vacation, pension or other form of deferred compensation plan, apprenticeship and health benefit funds established by an applicable Master Labor Agreement as set forth in Section 17.1.

1.14 "Union(s)" means the Building and Construction Trades Council of Alameda County, AFL-CIO and any affiliated Labor Organization signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

City of Alameda Project Stabilization Agreement

2.1 2.2

2.3 2.4.1
ARTICLE 2

SCOPE OF AGREEMENT
The Citywill applythis Agreementas a contractspecificationto the award of allpublic works constructioncontractson the Project for CoveredWork as specificallydefinedunder Article2 of this Agreement. This Agreementdoes not applyto any privatedevelopment projects. In theeventthat the Cityismade awarethat thisAgreementor portionsthereof are inconsistentwith the terms and conditionsof jany grant, loan, or contractwith any Federalor Stateagencyorwiththe instructionsordirectionsofan authorizedrepresentative of a Federal or State agency regarding the requirementsof any such grant, loan, or contract, the City shall notifythe Council. Withinseven (7J days ofnotification,the partiesshall meet and confer to attempt to modify the Agreement to avoid forfeitureof any funding or otherwise resolve the issue. Should the parties bie unable to come to agreement, the Agreement or any inconsistent provision shall be subject to resolution by the grievance arbitration procedures set forth in Article 11. The foregoing notwithstanding, if the granting agency determines that the resolution of such grievance procedure will result in the forfeiture of material grant funds (meaning an amount that would threaten viability of the project), then the Agreement may be modified or terminated in order to avoid the forfeiture.

Parties: The Agreement shall apply and is limited to all Contractor/Employer(s) performing work for the Project (including subcontractors at any tier), the City, the Council and the Union(s) signatory to this Agreement, acting on their own behalf and on behalf of their respectiveaffiliatesand memberorganizationswhose names are subscribedhereto and who havethroughtheirofficersexecutedthis Algreement.

Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement painting or repair of buildings, structures and other works, and related activities for the Project, including geotechnical and exploratory drilling, temporary HVAC, and landscaping and temporary fencing that is within the craft jurisdiction of one of the Union(s) and which is directly or indirectly part of the Project, including, without limitation to the following examples, pipelines (including those in linear corridors built to serve the project), pumps, pump stations, start-up, and modular furniture installation. On-site work includes work done for the Project in temporary yards or areas adjacent to the Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Project. This scope of work includes all on-site soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.

This Agreement shall apply to any start-up, calibration testing, repair, operational revisions to systems
Completion if it is within the scope of the contract
by City employees.
commissioning, performance
and/or subsystems performed after
for public work unless it is performed
City of Alameda Project Stabilization Agreement

2.4.2 This Agreement covers all on-site fabrication work over which the City, Contractor/Employer(s)or subcontractors) possess the right of control (includingwork done for the Project in any temporary yard or area established for the Project).

Additionally,it is agreed hereby that thisAgreementcovers any off-site work,including fabricationwork necessary for the Project defined herein, that is coveredby a current MLA or local addenda to a National Agreementof the applicable Union(s) that is in effect asof the execution date of this Agreement.

2.4.3 The furnishing of supplies, equipment or materials which are stockpiled for later use shall not be covered by this Agreement. However, construction trucking work, such as the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement, to the fullest extent provided by law and by prevailing wage determinations of the California Department of Industrial Relations. Contractor/Employer(s), including brokers, ofpersons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by bid specifications.

2.4.4 It is agreed that the Contractor shall require all contractors of whatever tier who have been awarded contracts for work covered by this Agreement, to accept and be bound by the terms and conditions of this Project Agreement by executing the Agreement to be Bound (Attachment A) prior to commencing work. The Project Manager and/or Coordinator shall assure compliance with this Agreement by the Contractors. It is further agreed that, where there is a conflict, the terms and conditions of this Project Agreement shall supersede and override terms and conditions of any and all other national, area, or local collective bargaining agreements,except work coveredby the Agreementwithin the followingcraft jurisdictions shall be performed under the termsof their National Agreements asfollows:

NationalAgreement of ElevatorConstructors,NationalTransientLodge(NTL)Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control SystemsTechnicians,exceptthat Articles5, 6, and 11 of thisAgreementshallprevailand be applied to such work. It is understood that this is a self-contained, stand alone, Agreementand that by virtue of having become bound to this ProjectAgreement,neither the Project Contractor/Managernor the Contractors will be obligated to sign any other local, area, or national agreement.

2.5 The on-site installation or application of all items shall be performed by the craft having jurisdictionover such work as set forthunder theprovisionsof thisAgreement;provided, however, it is recognized that installationof specialty items which may be furnished by the owner of the Project or a contractorshall be performed by constructionpersons employed under this Agreement who may be directed by other personnel in a supervisory role.

City of Alameda Project Stabilization Agreement

2.6 After installationby the Cdntractor/Employer(s)and uponCompletion,it is understood, the Cityreservesthe right toperformstart-up,operation,repair,maintenanceor revision ofequipmentor systemswithemployeesofthe City] Ifrequired,the servicerepresentative maymakea final checkand maydirect workmenon site to makeanynecessaryrepairsto protectthe terms of a manufacturer'sguaranteeor warrantypriorto start-upof a pieceof equipment.

2.7 It is expresslyagreedand understoodby the partiesheretothat the City shallhave the right to purchase material and equipment from any source, except where limited by this

2.8 2.9

3.1 Agreement, and the craftspersons will handle and install such material andequipment le scope of this Agreement:Exclusions. The following shall be excluded from t

2.8.1 2.8.2

2.8.3 The Agreement is not intended to, and shall
works contracts by the City which are not i
qot affect or govern the awardofpublic
included in the Project.

The Agreement shall not apply to a Contractor/Employer(s)' non-construction craft employees, including, but not limited to] executives, managerial employees, engineering employees and supervisors above the level of General Foreman or Senior General Foreman (except those covered by existing MLAs), staff engineers or other professional engineers, administrative and management. performed on or near or leading to the
is undertaken by state, county, city or
This Agreement shall not apply to any work ]
site of work covered by this Agreement that i
other governmental bodies or their contractors; or by public or private utilities or their contractors.

2.8.4 Off-site maintenance of leased equipment and on-site supervision of such work;

2.8.5 The City shall not be required to comply with this Agreement for any work performed with its own forces as permitted by the City Charter, City Codes or Ordinances,the CaliforniaUniform ConstjructionCost AccountingAct, Public ContractCode andEducationCode, as applicable.

Award of Contracts: It is understood and agreed ithat the City shall, for the award of contracts for public works, have the absolute right to select the bidder with the lowest responsive, responsible bid for the award of contracts under this Agreement. The bidder need only be willing, ready and able to execute and
ARTICLE 3

EFFECT OF AGREEMENT
comply with this Agreement.

I
By executing the Agreement, the Union(s) and the City agree to be bound by each and all of the provisions of the Agreement.

City of Alameda Project Stabilization Agreement

3.2 By acceptingthe award of a constructioncontract for the Project, whether as contractoror subcontractor,the Contractor/Employer(s)agrees to be bound by each and every provision ofthe Agreement and agrees that it will evidence its acceptanceprior to the commencement of work by executing the Agreement To Be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer(s) enters into a subcontract with any subcontractor providing for the performance of a construction contract, the Contractor/Employer(s) shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a part of accepting an award of a construction subcontract to agree in writing to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor/Employer(s) may not be evaded by subcontracting.

3.4 Each Contractor/Employer(s) shall give written notice to the Union(s) of any subcontract involving the performance of work covered by this Agreement within either seven (7) days of entering such subcontract or before such Contractor/Employer(s) commences work on the Project, whichever occurs first. Such notice shall specify the name, address, phone number, and the California Contractor State License Board (CSLB) license number and motor carrier permit number, and DIR registration number,of the Contractor/Employer(s).

Written notice at a Pre-Job Conference shall be deemed written notice under this provision for those Contractor/Employer(s) listed at the Pre-Job only.

3.5 This Agreementshallonly be bindingon the signatoryparties hereto and shallnot applyto the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor/Employer(s)shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breachof this Agreement. Any dispute between the Union(s)and theContractor/Employer(s)respectingcompliancewith the terms of the Agreement shall not affect the rights, liabilities, obligations and duties between the signatoryUnion(s) and otherContractor/Employer(s)party to thisAgreement.

3.6 The provisionsof this Agreement,includingMLA's, shall applyto the workcoveredby this Agreement,notwithstandingthe provisionsof any other local, area and/or national agreementswhichmayconflictwithor differfrom the termsof thisAgreement. Where a subject covered by the provisionsof this Agreementis also covered by a MLA, the provisionsofthis Agreementshallprevail.Wherea subjectis coveredbythe provisionsof a MLA and is not covered by thisAgreement,the provisionsof the MLA shall prevail.

3.7(a) With regardto anyContractor/Employer(s)thatis independentlysignedto anyMLA, this ProjectStabilizationAgreementshall in no waysupersedeor preventthe enforcementof any subcontractingclause containedin such MLA, except as specificallyset forth in subsection(b) of this Section3.7. Any suchsubcontractingclausein an MLAshallremain and be fully enforceablebetween each craft union and its signatoryemployers,and no provisionof thisProjectStabilizationAgreementshallbe interpretedand/orappliedin any City of Alameda Project Stabilization Agreement

manner that would give this Project Stabilization Agreement precedence over subcontractingobligations and restrictionsthat exist between craft unions and their respectivesignatoryemployersunderanMLA, exceptasspecificallysetforthinsubsection (b) of this Section 3.7.
(b) If a craftunion (hereafter"AggrievedUnion")believesthat anassignmentof work on this Projecthas been made improperlyby a contractororsubcontractor,even if that assignment was as a result of another craft unionfs successful enforcement ofthe subcontracting clause in its MLA, as permitted by subsection (a) of this Section 3.7, the Aggrieved Union may submit a claim under the jurisdictional resolution process contained in Article 6 of this PLA, and the decision rendered as part of that process shall be enforceable to require the contractor or subcontractor that made the work assignment to assign that work prospectively to the Aggrieved Union. An award made to a craft union under the subcontracting clause of its MLA, as permitted pursuant to Section 3.7 (a) of this Article, shall be valid and fully enforceable by that craft union unless it conflicts with a jurisdictional award made pursuant to this Agreement. If the award made under the MLA conflicts with the jurisdictional award, the award of any damages under the former shall be null and void ab initio.

4.1 4.2

4.3 4.4
ARTICLE 4

RELATIONSHIP BETWEEN PARTIES
This Agreement shall only be binding on the signatory parties hereto, and shall not apply to parents, affiliates, subsidiaries, or other ventures of any such party.

Each Contractor/Employer(s) shall alone be liable and responsible for its own individual acts and conduct and for anybreach or alleged breach of this Agreement.Any alleged breach ofthis Agreement by aContractor/Employer(js)or any dispute between the Union(s) and the Contractor/Employer(s)respecting compliance with the termsof this Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and each of the other Contractor/Employer(s),party to this Agreement.

It is mutually agreed by the parties that any liabilityof a Union(s) shall be several and not joint. Any alleged breach of this Agreement by a signatory Union(s) shall not affect the rights, liabilities, obligationsand duties betweenthd Contractor/Employer(s)and the other Union(s) party to this Agreement.

It is recognized by the parties to this Agreement that
only on behalf of said Contractor/Employer(s), and
authority,either expressed,implied,actual,apparentor ostensible,to speak for or bind the City.
the Contractor/Employer(s) are acting
said Contractor/Employer(s) have no
City of Alameda Project Stabilization Agreement

ARTICLE 5

NO STRIKES - NO LOCKOUTS

5.1 The Union(s), the City and Contractor/Employer(s) covered by the Agreement agree that for the duration of the Project:

5.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand billing or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Union(s) or employees employed on the Project, at the job site ofthe Project or at any other facility of the City because of a dispute on the Project. Disputes arising between the Union(s) and Contractor/Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

5.1.2 As to employees employed on the Project, there shall be no lockout of any kind by a Contractor/Employer(s) covered by the Agreement.

5.1.3 If a master collective bargaining agreement expires before the Contractor/Employer(s) completes the performance of the Construction Contract and the Union(s) or Contractor/Employer(s) gives notice of demands for a new or modified master collective bargaining agreement, the Union(s) agrees that it will not strike on work covered under this Agreement and the Union(s) and the Contractor/Employer(s) agree that the expired master collective bargaining agreement shall continue in full force and effect for work covered under this Agreementuntil a new or modified master collectivebargaining agreementis reached. If the new or modified master collective bargaining agreement provides that any terms of the mastercollectivebargainingagreementshall be retroactive, the Contractor/Employer(s)agreesto comply with any retroactivetermsof the new or modified master collective bargaining agreement which are applicable to employeeswho were employedonthe projectsduringtheinterimwithretroactive paymentdue within seven (7) days of the effectivedate of the modifiedMaster Agreement.

5.1.4 Withholdingemployeesfor failure of a Contractor/Employer(s)to tender timely Trust Fund(s) contributionsas required in accordancewith Article 16 and/or for failureto timelymeetits weeklypayrollis nota violationofthis Article5;however, the Union(s)shall give the affectedContractor/Employer(s),the Coordinatorand the City written notice seventy-two (72) hours prior to the withholding of employeeswhen failureto tenderTrustFund(s)contributionshasoccurred. There shall be twenty-four(24) hours notice when failure to meet weekly payroll has occurred or when paychecks are determinedto be nonnegotiableby a financial institution normally recognized to honor such paychecks.

Shoulda Contractor/Employer(s) performingworkon this Projectbedelinquentin the payment of Trust Fund(s) contributionsrequiredunder this Agreement,the City of Alameda Project Stabilization Agreement

Union(s) may request that the general Contractor/Employer(s)issue joint checks payable to theContractor/Employer(s)and theappropriateemployeebenefit Trust Fund(s), on behalf of the employee(s) until kuch delinquencies are satisfied. Any Trust Fund(s) claiming that a Contractor/Employer(s) is delinquent in its fringe benefit contributions to the Trust Fund(s) will provide written notice of the alleged delinquency to the affected Contractor/Employer(s), with copies to the General Contractor/Employer(s), the Coordinator and the City. The notice will indicate the amount of delinquency asserted and the period that the delinquency covers. It is agreed, however, with respect to Contractpr/Employer(s) delinquent in trust or in this Agreement shall affect normal
the MLAs. If the General
benefit contribution payments, that nothing
contract remedies available under
Contractor/Employer(s) is delinquent in the payment ofTrust Fund(s) contributions for covered work performed on this project, the General Contractor/Employer(s) agrees that the affected Trust Fund(s) may place the City on notice of such delinquencies and the General Contractor/Employer(s) further agrees that the City may issue joint checks to the General C|ontractor/Employer(s) and the Trust Fund(s), on behalf of the employee(s) until the delinquency is satisfied. i

5.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity,\yhena breach of this Article is alleged to have occurred:

5.2.1 5.2.2

5.2.3 A party invoking this procedure shall notify Bob Hirsch, as the permanent Arbitrator,or, BarryWinograd.as the alternateArbitratorunderthis procedure.In the event that the permanentArbitratoris unavailableat any time, the alternatewill be contacted. If neither is available, then a Selection shall be made from the list of Arbitrators in Article 11.2.2, Step 5. Should either the permanent or the alternate arbitratorlistedaboveno longerworkas alajjorarbitrator,the Cityand the Council shallmutuallyagreeto areplacement.Notiqeto theArbitratorshallbe by the most expeditious means available^with notices by facsimile, email or telephone to the Coordinator, the City and the party alleged to be in violation, and to the Council andinvolvedlocalUnion(s)if aUnion(s)is jallegedto be inviolation.

I
Uponreceiptof saidnotice,the Coordinator!will contactthe designatedArbitrator namedaboveorhis alternatewho will attempttoconvenea hearingwithintwenty- four (24) hoursifit iscontendedthatthe violationstillexists.

I
TheArbitratorshallnotifythepartiesby facsimile,emailor telephoneof theplace and time for the hearing. Said hearing shall be completed in one session, which, withappropriaterecessesat theArbitrator'sdiscretion,shallnot exceedtwenty-four (24) hours unlessotherwiseagreedupon by allparties. A failureof any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the Arbitrator.

City of Alameda Project Stabilization Agreement

5.2.4 The sole issue at the hearing shall be whether or not a violation ofArticle 5, Section

5.1.1 of the Agreement has occurred. The Arbitrator shall have no authority to consider any matter ofjustification, explanation or mitigation of such violation or to awarddamages,which issue is reservedfor courtproceedings,if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with or enforcement of the award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or certified mail upon issuance.

5.2.5 Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator's award as issued under Section 5.2.4 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte.

Such agreement does not waive any party's right to participate in a hearing for a final order or enforcement. The Court's order or orders enforcing the Arbitrator's award shall be served on all parties by hand or delivered by certified mail.

5.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.

5.2.7 The fees and expenses of the Arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this article and the party alleged to be in breach of its obligation under this article.

ARTICLE 6

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

6.1 The assignment of Covered Work will be solely the responsibility of the Contractor/Employer(s)performingthe workinvolvedand such workassignmentswill be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.

6.2 All jurisdictional disputes on this Project between or among the Union(s) and the Contractor/Employer(s),partiesto this Agreement,shallbe settledand adjustedaccording to the present Plan established by the Building and Construction Trades Department, or any other plan or methodof procedure that may be adopted in the future by the Building City of Alameda Project Stabilization Agreement

6.3 6.4

7.1 7.2

8.1 and ConstructionTrades Department. Decisions rendered shall be final, binding and conclusiveon the Contractor/Employer(s)and Unioji(s)partiesto this Agreement.

6.2.1 If a dispute arising under this Article involves the Northern California Carpenters RegionalCouncilor any of its subordinateb6dies, an Arbitratorshall be chosenby the proceduresspecifiedin ArticleV, Secticfn5, of the Planfrom a listcomposed of John Kagel Thomas Angelo, Robert Hirsch and Thomas Pagan and the Arbitrator'shearingonthedisputeshallbeh^ldattheofficesoftheCaliforniaState Building and Construction Trades Council in Sacramento, California, within fourteen (14) days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the CorrtractoiyEmployer(s)' assignment shall be adhered to until the dispute is resolved. Individuals violating this Section shall be subject to immediate discharge.

Each Contractor/Employer(s) shall conduct a Pre-Jo I) Conference with the Council prior to commencing Covered Work. The Primary Employer, the Coordinator and the City will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Contractor/Employer(s) may be held together.

ARTICLE 7

COORDINATOR
The City will designate a Coordinator, who will be responsible for the administration and application of this Agreement.

The Coordinator shall endeavor to facilitate harmonious relations between the Contractors and Unionssignatoryheretoand will representthe City at thePre-JobConference(s)called for in Article 8 and the A Joint Administrative Committee called for in Article 20. The Coordinatorshall not be responsiblefor the acts of the Contractor/Employer(s)or Unions signatoryhereto, and will not be a party to anyarbitrationor litigation arising outof this Agreement.

ARTICLE 8

PRE-JOB CONFERENCES
Pre-Job Conference Timing and Attendees:

8.1.1 The Contractor shall hold and conduct a
representativesof all involvedsub-contractorsand theUnionsat a locationmutuallyagreeableto the Council at least twenty-one(21) calendardays prior to:
(a) The commencement of any Covered Work, as defined in section 2.3 above; and mandatory pre-job conference with
City of Alameda Project Stabilization Agreement

(b) The commencement of Covered Work on each subsequently awarded Construction Contract.

8.1.2 The conference shall be attended by a representative of each participating Contractor, each affected Union, and the Council. The Owner may attend at its discretion.

8.2 Pre-Job Conference Information.

8.2.1 The information to be presented at the pre-job conference will consist of:
(a) A listing of each Contractor's scope of work;
(b) The Contractor's craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation and parking arrangements, if any;
(e) The estimated start and completion dates of the work; (f) Identification of any pre-fabricated materials;
(g) All workforce projection information required under Article 14 of this Agreement; and
(h) A listing of all specialty work to be performed by the employees of an equipment vendor or manufacturer to protect the warranty on such equipment,and ademonstrationby enumerationof specifictasks why such work cannot be performed by Covered Employees.

8.3 Work will not commence for any Contractor until an Agreement to be Bound has been signed and submittedby a duly authorizedrepresentativeof the Contractorto the applicable Union(s) and the Council.

ARTICLE 9

MANAGEMENT RIGHTS

9.1 Consistentwith the ScheduleA Agreements,the Contractor/Employer(s)shall retain full andexclusiveauthorityforthe managementoftheir operations,includingtherightto direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observedwhich limit or restrictproduction,or limit or restrictthe working effortsof employeesexceptthatlawfulmanningprovisionsin theMLAshallbe recognized.

ARTICLE 10

WORK RULES

10.1 Work rules shall apply as set forth in the applicable MLA.

City of Alameda Project Stabilization Agreement

11.1 11.2
ARTICLE 11

GRIEVANCE PROCEDURE
All disputesconcerningthe interpretationand/orapplicationof thisAgreementwhichdo not fall within the Article 5, No Strikes-No Lockouts procedure or Article 6, Work AssignmentsandJurisdictionalDisputes,shallbe governedby thefollowinggrievanceand arbitration procedure.

Employee Grievances: All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the MLA for the craft ofthe affected employee. No employee working on the Projectshall be disciplinedor dismissedwithoutjus|tcause. i 
Grievances between one or more Union(s) and one or more Contractor/Employer(s); or between the City and one or more Contractor/Empl6yer(s) regarding interpretation and/or application of this Agreement shall be pursued according to the following provisions:

11.2.1 A grievance shall be considered null and void if not brought to the attention of the Contractor/Employer(s) or the Union(s) within fourteen (14) calendar days after the grievanceisallegedtohaveoccurredbut inrio eventmorethanthirty(30) calendar days after the charging party became aware of the event giving rise to the dispute.

The Coordinator shall be delivered a copy of all grievances.

11.2.2 Grievances between one or more Union(s) and one or more Contractor/Employer(s), or between the City and one or more Contractor/Employer(s) regarding provisions of this Agreement shall be settled or otherwise resolved according to the following Steps and provisions:

Step 1: A representative of the grievant and
is filed shall meet and attempt to
Step 2: In the event the matter remains unresolved
calendar days, the grievance shall
referred by the Union(s), the City,
other party for discussion and resolution
the party against whom the grievance
resolve the grievance.
in Step 1 above, within seven (7)
reduced to writing and may then be
or the Contractor/Employer(s) to the
be
Step3: In the eventthatthe representativesareunableto resolvethe disputewithin the seven(7)calendardays afterits referralto Step 2, eitherinvolvedparty may submit the dispute within sejven (7) calendar days to the Joint Administrative Subcommittee established in Section 20.2. The Joint Administrative Subcommittee shall meet within seven (7) calendar days after suchreferral(or suchlongertime as ismutuallyagreedupon by the representatives on the Joint Administrative Subcommittee) to confer in an attempt to resolve the grievance. If a Union(s) is party to the grievance, regardlessofwhichparty has initiatedthe grievanceproceeding,prior to the City of Alameda Project Stabilization Agreement

meetingoftheJointAdministrativeSubcommittee,theUnion(s)shallnotify itsInternationalUnionRepresentative(s),whichshalladvisebothpartiesif it intends on participating in the meeting. The participationby the InternationalUnion Representativein this Step 3 meeting shall not delay the timeset hereinfor the meeting,unlessotherwisemutuallyagreedbythe parties. If the dispute is not resolved by the Joint Administrative Subcommittee,it may be referredwithinseven(7) calendardays by either party to Step 4.

Atthe timea grievanceis submittedunderthisAgreementor anyMLA, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor/Employer(s)against whom the grievanceis filed, sufficientto coverthedamagesallegedin thegrievance, should the Union(s) prevail.

The amountshallbe retainedby the Cityuntil suchtime as theunderlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved,and the retainedamountshall be paid towhomeverthe parties to the grievance shall decide, or to whomever an Arbitrator shall so order.

Step 4: In the event the matter remains unresolved in Step 3, either Party may request, within seven (7) calendar days, that the dispute be submitted to arbitration. The time limits set out in this procedure may, upon mutual agreement, be extended. Any request for arbitration, request for extension of time limits, and agreement to extend such time limits shall be in writing with a copy delivered to the Coordinator.

Step 5: The Parties agree that the Arbitrator who will hear the grievance shall be selected from the following: Barry Winograd, William Riker, and Robert Hirsch. The parties shall flip a coin to determine who shall strike the first name and shall then alternately strike names from the list and the last remaining name shall be the neutral third party Arbitrator who shall have the power to resolve the dispute in a final and binding manner. Should a Party to the procedure fail or refuse to participate in the hearing, if the Arbitrator determines that proper notice of the hearing has been given, said hearing shall proceed to a default award. The Arbitrator's award shall be final and binding on all Parties to the arbitration. The costs ofthe arbitration, excluding attorney fees, including the Arbitrator's fee and expenses, shall be borne by the losing party. The Arbitrator's decision shall be confined to the question(s) posed by the grievance and the Arbitrator shall not have authority to modify amend, alter, add to, or subtract from, any provisions of this Agreement.

City of Alameda Project Stabilization Agreement

11.3 11.4

12.1 Grievancesraisedby the Cityagainstone or moreUnion(s)and/orthe Council,or against the City by one or more Union(s) and/or the Council, regarding provisions of this Agreementshall be settledor otherwiseresolvedaccordingto the following Steps and provisions:

Step 1:TheJoint AdministrativeSubcommitteeshallattemptto resolvethe grievance.The Joint Administrative Subcommittee shall meet within five (5) working days after receipt of the grievance (or such longer time as is mutually agreed upon by the representatives on this Joint Administrative
to the grievance. If the dispute is not resolved by the Joint Administrative Subcommittee, it may be referred within five (5) working days by either party to the Joint Administrative Committee.

Step 2: The Joint Administrative Committee shall attempt to resolve the grievance. The Joint Administrative Committee shall meet within five (5) working days after receipt of the grievance (or such longer time as is mutually agreed upon by the representatives on the Joint Administrative Committee) to confer with regard to the grievance. In the event that the Joint Administrative Committee is unable to resolve the dispute within the five (5) working days after receipt of the grievance, either involved party may proceed to Step 3.

Step 3: In the event the matter remains unresolved
request that the dispute be submitted to arbitration
set forth in Paragraph 11.2.2. Step 5.
pursuant to Step 2, either Party may
in accordance with the process
Step 4: Should a Party to the procedure fail or refuse to participate in the hearing, if the Arbitrator determines that proper notice of tlie hearing has been given, said hearing shall proceed to a default award. The Arbitrator's award shall be final and binding on all Parties to the arbitration. The costs of the arbitration, including the Arbitrator's fee and expenses, shall be borne by the losing Party. The Arbitrator's decision shall be confined to the questiori(s) posed by the grievance and the Arbitrator shall not have authority to modify amend, alter, add to, or subtract from, anyprovisionsof thisAgreement. j
Grievances between a Union(s) and a Union(s)' signatory Contractor/Employer(s) involving interpretationor applicationof the MLA shall be governed by the grievance procedures contained in the MLA.

ARTICLE 12

UNION RECOGNITION AND REPRESENTATION
The Contractor/Employer(s) recognize the Union(;
exclusive collective bargaining representatives for
s) signatory hereto as the sole and
craft employees on the Project.all
City of Alameda Project Stabilization Agreement

12.2 The Contractor/Employer(s)shall require all employees who work on a Construction Contract on or before eight (8) days of consecutiveor cumulativeemploymenton the Project to comply with the applicable Union(s)' security provisions, and to maintain compliance for the period of time they are performing work on the Project, which requirementshallbe satisfiedby thetenderingofperiodicdues and feesuniformlyrequired to the extentallowedby law. Further,there is nothingin this Agreementthat wouldprevent non-union employees from joining the Union(s).

12.3 Authorized representatives of the Union(s) shall have access to the site at all times. Such representatives shall comply with reasonable visitor safety and security rules established for the Project at the pre-job meeting. Access for Union(s) representatives will not be unduly restricted.

ARTICLE 13

REFERRAL

13.1 Contractor/Employer(s) performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Union(s) signatory hereto when such procedures are not in violation of Federal law. The Contractor/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

13.2 The Contractor/Employer(s)shall have the unqualified right to select and hire directly all supervisorsabove the level of general foreman or senior general foreman it considers necessaryand desirable,without such persons being referredby theUnion(s).

13.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisitionofa Contractor/Employer(s)for employeeswithinaforty-eight(48)hourperiod (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer(s),the Contractor/Employer(s)shallbe free to obtainworkersfrom any source. A Contractor/Employer(s)who hires any personnelto performcoveredwork onthe Projectpursuantto this SectionshallimmediatelyprovidetheappropriateUnion(s) with the name and address of such employee(s) and shall immediately refer such employee(s)to the appropriateUnion(s)to satisfythe requirementsof Article 12 of this Agreement.

ARTICLE 14

LOCAL WORKFORCE DEVELOPMENT

14.1 The parties agree to a goal that residentsof the city ofAlameda, and AlamedaCounty ("Local Residents"),in order of priorityas here listed, will perform up to twenty-five City of Alameda Project Stabilization Agreement

percent(25%)percentofall hoursworkedon the Project,on acraft-by-craftbasis,ifsuch workersare available,capableand willingto work. Contractorswill first be requiredto requestresidentsfrom the CityofAlameda,and ifthoseare not available,willthenrequest residentsfrom AlamedaCounty. Ifthe LocalResidentis also ahigh schoolgraduateofa high school located in Alameda or has received a General EducationalDevelopment diploma("GED")whilelivingin Alameda,thosehoirswillcountdouble. In addition,the partiesagreethatparticipantsin the AlamedaPointCollaborativeProgramwillbe referred to the apprenticeprogramsofthe Union(s)and establishagoalthat suchparticipantswill perform fifteen percent (15%) of all apprenticejhours worked on the Project. All participantsthatwillbe referredto the contractorsto meetthisrequirementwillhavegone through a pre-apprenticeshipprogram that meets jthe Multi-CraftCore Curriculumas establishedby the NationalBuildingTrades,or otherunionpre-apprenticeshipprograms.

14.2 The Contractor/Employer(s)shall make good faith effortsto reach these goals working throughthe hiring hall proceduresofthe applicableScheduleAAgreementand, when applicable,utilizetheir"rehire"and "name call" rights to employsuch Local Residents.

The Union(s)shall utilizetheir utmosteffortsto recruitsufficientnumbersofapprentice and journeymencraftspersonswho are Local Residentsto fulfill the requirementsofthe Contractor/Employer(s).The parties to this Agreement support the developmentand placementofincreasednumbersofskilledconstructionworkersfrom Local Residentsto meettheneedsof theProjectandthe requirementsof theindustrygenerally.

14.3 To evaluatethe performanceofthe Contractor/Employer(s)and Union(s)inachievingthe employmentof Local Residentsgoal on this Project, the Contractor/Employer(s)shall submitcopiesoftheirmonthlycertifiedpayrollreportingforms to the Coordinator. The Contractorshall also submit amonthlyreport tabulatingthe ratio of Local Residentsto total employees for each craft Union to the Coordinator. The performance of the Contractor/Employer(s)andUnion(s)willbereviewedattheperiodicJointAdministrative Committeemeetings called for in Section 20of this Agreement.

ARTICLE 15

NON-DISCRIMINATION

15.1 The Contractor/Employer(s)and Union(s) agree to comply with all anti-discrimination provisions of federal, state and local law, to protect employees and applicants for employment on the Project.

City of Alameda Project Stabilization Agreement

ARTICLE 16

APPRENTICES

16.1 Recognizing the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, the Contractor/Employer(s) will employ apprentices in the respective Union(s) to perform such work as is within their capabilities and which is customarily performed by the Union(s) in which they are indentured. The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determinations.

16.2 The parties only recognize the State-approved Apprenticeship training programs administered by Joint Labor/Management Apprenticeship Training Committees for the purposes of meeting the goals of this Article 16.

ARTICLE 17

WAGE SCALES AND FRINGE BENEFITS

17.1 All Contractor/Employer(s) agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, health benefit funds, and all other contributions established by the applicable MLA for each hour worked on the Project in the amounts designated in the MLAs of the appropriate Union(s) that are recognized by a prevailing wage determination and paid in accordance with the MLA. The Contractor/Employer(s) shall not be required to pay contributions to any other trust funds or other contributions that are not contained in the published prevailing wage determination to satisfytheir obligationunder this Article,except that thoseContractor/Employer(s)who are signatoryto the MLAs with therespectivetrades shallcontinueto pay all trust fund or other contributions as outlined in such MLAs.

17.2 By signingthis Agreement,the Contractors/Employersadoptand agreeto be boundby the written terms of the legally established Trust Agreements, as described in Section 17.1, which may from time to time beamended,specifyingthe detailedbasis on whichpayments areto be made into, and benefitspaid out of, suchTrust Funds. TheContractors/Employers authorize the parties to such local trust agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if made by the Contractors/Employers. The Contractors/Employers agree to execute a separateSubscriptionAgreement(s)forTrustFundswhensuchTrust Fund(s)requiressuch document(s).

17.3 Wages, Hours, Terms andConditionsof Employment:The wages, hours and other terms and conditions of employment on the Project shall be governed by the MLAs of the respective Union(s), copies of which shall be made available to the City upon request, to the extent such MLA is not inconsistent with this Agreement.

City of Alameda Project Stabilization Agreement

17.4 Holidays: Holidays shall be established as set forthin the applicable MLA.

ARTICLE 18

HEALTH AND SAFETY

18.1 The employeescoveredby the terms of this Agreementshall at all times, while in the

18.2 18.3
employ of the Contractor/Employer(s), be bound by the reasonable safety rules and regulationsas establishedby the City andContractor/Employer(s)and inaccordancewith OSHA/Cal-OSHA. These rules and regulations
conspicuous places throughout the Project.

In accordance with the requirements of
responsibility of each Contractor/Employer(s) on
conditions for its employees and compliance by them
or established by the Contractor/Employer(s).
will be published and posted at
OSHA/Cal-OSHA, it shall be the exclusive
the Project to assure safe working
with any safety rules contained herein
A convenient supply of cold and potable
Contractor/Employer(s).
drinking water shall be provided by the

18.4 The Contractor/Employer(s) and Union(s) agree that the work site shall be a drug free workplace. Parties agree to recognize and use the Substance Abuse Prevention Program contained in each applicable Union(s)' MLA.

19.1 19.2
ARTICLE 19

HELMETS TO HARDHATS
The parties recognize a desire to facilitate the entry into the Building and Construction Trade Union(s) of veterans who are interested in careers in the building and construction industry. The parties agree to utilize the services of the Center for Military Recruitment, Assessment and Veteran's Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

The Union(s) and Contractor/Employer(s) agree to coordinate with the Center to assist in the creation and maintenance an integrated database of Veterans interested in working on this Project and of apprenticeship and employment <
extent permitted by law, the Union(s) will give credit to such Veterans for bona fide, provable past experience.

City of Alameda Project Stabilization Agreement

19.3 To evaluate the performance of the Contractor/Employer(s) and Union(s) in achieving the employment of veterans on this Project, the Contractor/Employer(s) shall submit to the Coordinator information regarding veterans it has employed on a Project. The Contractor/Employer(s) shall submit a monthly report tabulating the number of veterans employed to the Coordinator. The performance of the Contractor/Employer(s) and Union(s) will be reviewed at the periodic Joint Administrative Committee meetings called for in Section 20 of this Agreement.

ARTICLE 20

JOINT ADMINISTRATIVE COMMITTEE

20.1 The Council and the City to this Agreement shall establish a six (6) person Joint Administrative Committee. This Committee shall be comprised ofthree (3) representatives selected by the City and three (3) representatives selected by the Council. The City and the Council shall designate alternates who shall serve in the absence of designated representatives for any purpose contemplated by this Agreement. The Joint Administrative Committee shall meet as required to review the implementation of the Agreement, the progress of the Projects and the employmentof Local Residents and veterans on Projects covered by this Agreement.

20.2 The Joint Administrative Committee shall appoint a Joint Administrative Subcommittee consistingof one City representativeand one Union(s) representativefor the purpose of conveningto conferin anattemptto resolvea grievancethat has beenfiledconsistentwith Article 11. Any question regarding the meaning, interpretation, or application of the provisions of this Agreement shall be referred directly to the Joint Administrative Subcommittee for resolution. The Joint Administrative Subcommittee shall meet as required to resolve grievancesby majorityvote with such resolutionsto be final and bindingon allsignatoriesof theAgreement. A failureof anypartyor partiesto attendsaid hearing shall not delay the hearing of evidence or issuance of an award by the Joint Administrative Subcommittee, if such award is made by a majority vote, and the hearing shall proceed ex parte. If the subcommitteeis unable to resolve the grievance, the grievance may be referred in accordance with Step 3 of Article11.

ARTICLE 21

MISCELLANEOUS PROVISIONS

21.1 Counterparts. This Agreement may be executed in counterparts,such that original signaturesmayappearon separatepages,andwhenbound togetherallnecessarysignatures shall constitutean original. Faxed or e-mailedpdf signaturepages transmittedseparately to otherpartiesto this Agreementshall be deemedequivalentto originalsignatures.

City of Alameda Project Stabilization Agreement

21.2 Warranty of Authority. Each of the persons signing this Agreement represents and warrantsthat suchpersonhasbeenduly authorizedtb signthis Agreementon behalfof the party indicated,and each of the partiesby signingthisAgreementwarrantsand represents that such party is legally authorized and entitled to enter into this Agreement.

ARTICLE 22

GENERAL SAVINGS CLAUSE

22.1 It is not the intention of either the City, Contractor/Employer(s) or the Union(s) parties to violateany laws governingthe subjectmatterofthis Agreement.If anyArticleor provision of this Agreement shall be declared invalid, inoperative, or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the federal, state or local government, the parties shall suspend the operation of each such Article or provision during the period of invalidity. Such suspension shall not affect the operation of any other provision covered in this Agreement to which the law or regulation is not applicable. Further, the Contractor/Employer(s) and Union(s) agree that if and when any or all provisions of this Agreement are finally held or determined to be illegal or void by a Court of competent jurisdiction, the City and the Council will promptly enter into negotiations concerning the substance affected by such decision for the purpose of achieving conformity with the requirements of an
parties hereto.

23.1 ARTICLE 23

DURATION OF AGREEMENT
applicable law and the intent of the
This Agreement shall become effective on the day the city of Alameda ratifies this Agreement and shall continue in full force and effect for a period of three (3) years, at which time this Agreement will be reviewed and considered for extension or renewal with modifications if appropriate. Individual projects within the scope of this Agreement may be completed in phases and this Agreement shall be applied to such individual projects until Completion of such phase. After the expiration of this Agreement, the provisions of the Agreement shall continue to apply to those Projects subject to this Agreement until construction is completed. The parties may mutually agree in writing to amend, extend or terminate this Agreement at any time.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
City of Alameda Project Stabilization Agreement

ADDENDUM "A"

PROJECT STABILIZATION AGREEMENT FOR THE CITY OF ALAMEDA

AGREEMENT TO BE BOUND
The undersignedparty confirms that it agrees and assents to comply with and to be bound by the City of Alameda Project Stabilization Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement To Be Bound, the undersigned party subscribes to, adopts and agrees to be bound by the written terms of the legally established trust agreements, as set forth in section 17, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such Trust Fund(s) and ratifies and accepts the trustees appointed by the parties to such Trust Fund(s) and agrees to execute a separate Subscription Agreement(s) for Trust Funds when such Trust Fund(s) require(s) such document(s).

Such assent and obligation to comply with and to be bound by this Agreement shall extend to all work covered by said Agreement undertaken by the undersigned party. The undersigned party shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of this Agreement by signing an identical Agreement To Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

Dated: Project:

Signature of Authorized Officer Authorized Officer & Title Name of Contractor/Employer(s) Contractor/Employer(s) Address CSLB# Area Code Phone
E-mail and/or Fax Motor Carrier (CA) Permit Number
DIR Prevailing Wage Registration #
City of Alameda Project Stabilization Agreement

EXHIBIT A
MASTER LABOR AGREEMENTS OF SIGNATORY AFFILIATED LOCAL UNIONS:

City of Alameda Project Stabilization Agreement

/City of Art
Approved as to Form:'
1/
Janet Kern, City Attorney

SIGNATORY UNION(S)
Asbestos Workers, Local 16
Boilermakers, Local 549

SIGNATURES
Building and Construction Trades Council
Of Alameda County, AFL-CIO
Andreas Cluver, Secretary-Treasurer
Bv: sfKUjfrUl
By: flhM
Bricklayers & Allied Craftsmen, Local 3 By:

Cement Masons, Local 300
Electrical Workers, Local 595
Elevator Constructors, Local 8
Laborers, Local 886
By: pf/muxQCkwdk
*rJkUjM&LfL
By: { j£M_L tm&fcjt-fi.

Tn
^
City of Alameda Project Stabilization Agreement

Iron Workers, Local 378
Laborers, Local 67
Laborers, Local 304
Operating Engineers, Local 3
Plasterers, Local 66
Roofers, Local 81
Sheet Metal Workers, Local 104
Sign Display, Local 510
Sprinkler Fitters, Local 483
Teamsters, Local 853
b/^qxOP^xaaaa^
By:

By:>^2^5^^_
City of Alameda Project Stabilization Agreement

United Association of Journeymen and
Apprentices Fitting Industry, Underground
Utility & Landscape, Local 355
United Association of Steamfitters,
Pipefitters, Plumbers, & Gas Fitters,
Local 342
Northern California Carpenters
Regional Council (on behalf of Carpenters,
Local 713, Carpenters, Local 2236, Lathers,
Local 68L, Millwrights, Local 102,
Pile Drivers, Local 34)
District Council No. 16 Northern
California International Union of
Painters & Allied Trades (on behalf of
Auto & Marine Painters, Local 1176,
Carpet & Linoleum Layers, Local 12,
Glaziers, Architectural Metal
& Glassworkers, Local 169,
Painters & Tapers, Local 3)
District Council of Iron Workers of the
State of California & Vicinity Trades
» sA/fdJtfJ
By:

City of Alameda Project Stabilization Agreement

CITY OF ALAMEDA

PROJECT STABILIZATION AGREEMENT
AMENDMENT NUMBER 1
WHEREAS, the City of Alameda ("City") and the Building & Construction Trades Council of Alameda County ("Council") and affiliated and signatory Local Unions ("Unions") entered into a Project Stabilization Agreement for the City of Alameda ("Agreement"};
WHEREAS, section 23.1 of the Agreement provides that it may be amended by mutual agreement of the parties; and
WHEREAS, the parties desire to extend the term of the Agreement and modify the renewal procedure.

NOW THEREFORE, the parties, in consideration of the forgoing, which are incorporated herein by reference, and the mutual promises and covenants herein, mutually agree as follows:

1. The term of the Agreement shall be extended for an additional three (3) year period and the new expiration date shall be January 19, 2023.

2. The Agreement shall renew for additional successive one (1) year periods unless either party provides written notice to the other party of its desire to modify, amend or terminate the Agreement no later than sixty {60) calendar days prior to the expiration date.

3. All other terms and conditions of the Agreement shall remain in full force and effect.

4. All of the signatory unions to the Agreement acknowledge and affirm they have reviewed this Amendment Number 1 and have authorized the Building & Construction Trades Council of Alameda County, through its Secretary-Treasurer, to execute and bind each and every one of them to this Amendment Number 1.
s. This Amendment Number 1 shall be effective on May 7th, 2024

BUILDING & CONSTRUCTION TRADES COUNCIL
OFA
�
COUN
�
By: �6,,
Secretary-Treasurer
Amendment Number 1
City of Alameda Project Stabilization Agreement

City Of Alameda
By__________________________
Jennifer Ott
City Manager
Approved as to Form
City Attorney
____________________________
Michael Roush
Special Counsel

EXHIBIT G
Insurance Requirements
EXHIBIT G – INSURANCE REQUIREMENTS
On or before the commencement of the terms of this Agreement, Design-Builder shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage . Such certificates, which do not limit Design-Builder’s indemnification, shall also contain substantially the following statement: “Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.”
Design-Builder shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement 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 least BBB unless otherwise acceptable to the City. Endorsements n
aming the City, its City Council, boards, commissions,
officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates for paragraphs (2), (3), (4), (5), and (7) of section A below.

A. COVERAGE:

Design-Builder 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: $3,000,000 each occurrence
$5,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, a combined single limit policy with per occurrence limits in the amounts of $3,000,000 and aggregate limits in the amounts of $5,000,000 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
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. (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.
(5) Builders Risk:

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers is required. (6) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of the Design-Builder profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim
T
echnology professional liability errors and omissions shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Design- Builder. If not covered under Provider’s liability policy, such “property” coverage of the City may be endorsed onto Design-Builder’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Design-Builder.

Pursuant to the full language of California Civil Code §2782, Design Professional agrees to indemnify, including the cost to defend, entity and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the Public Entity; and does not apply to any passive negligence of the Public Entity unless caused at least in part by the Design Professional.

The Public Entity agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties. (7) Cyber Liability:

C
overage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Design-Builder in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.

T
he coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Design-Builder; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers is required.

B. SUBROGATION WAIVER:

Design-Builder hereby agrees to waive rights of sub rogation which any insurer of Design- Builder may acquire from Design-Builder by virtue of the payment of any loss. Design- Builder agrees to obtain any endorsement that may b e 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 Worke rs’ Compensation policy shall be endorsed with a waiver of subrogation in favor of t he City for all work performed by the Design-Builder, its employees, agents and subcontractors.

C. FAILURE TO SECURE:

If Design-Builder 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 Design- Builder’s name or as an agent of Design-Builder a nd shall be compensated by Design- Builder 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.

D. ADDITIONAL INSURED:

City, its City Council, boards, commissions, offici als, employees and volunteers shall be named as an additional insured under all insurance coverages, except professional liability and 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 additional in sured named herein shall not be held liable for any premium, deductible portion of any l oss, or expense of any nature on this policy or any extension thereof. Any other insuran ce held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured co verage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.

E. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Design-Builder. Design-Builder is advised to consu lt Design-Builder’s insurance broker to determine adequate coverage for Design-Builder

ADEFGHHolder Identifier : 7777777707070700077763616065553330763617457315446607543026663417311073751476157220120772405557067455207162055772274552075262331360367300736225557265671207726411532072130077727252025773110777777707000707007 6666666606060600062606466204446200622200624006202006022226242240222062200242600600000620200426224002206222006260262002062220262422600020620002604226202006220006042220422066646062240664440666666606000606006Certificate No : 570105010570

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
04/08/2024
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

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

PRODUCER
Aon Risk Services Central, Inc.

Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
PHONE
(
A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 26620AXIS Surplus Insurance CompanyINSURER A:
21199Arch Specialty Insurance CompanyINSURER B:
16535Zurich American Ins CoINSURER C:
25674Travelers Property Cas Co of AmericaINSURER D:
11150Arch Insurance CompanyINSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NA
ME:

Blach Construction Company
2244 Blach Place, Suite 100
San Jose CA 95131 USA
COVERAGES CERTIFICATE NUMBER: 570105010570 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$500,000
$10,000
$2,000,000
$4,000,000
$4,000,000
C 04/01/2024 04/01/2025GLO437326716
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$2,000,000C 04/01/2024 04/01/2025 COMBINED SINGLE LIMIT (Ea accident)
BAP 4373266-16

EXCESS LIAB
X O
CCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$10,000,000
$10,000,000
04/01/2024
XS Follow Form/Umbrella
UMBRELLA LIABD 04/01/2025CUP0Y69436224NF

RETENTION
X
E
.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEC 04/01/2024 04/01/2025
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
W

ORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WC437326516
Policy AggregateCM006041012023 10/31/2023 10/31/2024
Claims Made $5,000,000Prof Liab
Poll Liab $5,000,000
Environmental Contractor
Poll/Prof [E&O]
A
SIR applies per policy terms & conditions
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project: City of Alameda Aquatic Center. City of Alameda, its City Council, boards, commissions, officials, employees, agents and volunteers are included as Additional In
sured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of Alameda in accordance with the policy provisions of the Workers' Compensation policy. Professional Liability policy includes Technology Services endorsement.

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE
City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE : Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED AGENCY
See Certificate Number :

See Certificate Number :
570105010570
570105010570
Aon Risk Services Central, Inc.
570000076842
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSURER

INSURER

INSURER

INSURER

INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
Blach Construction Company

TYPE OF INSURANCE

POLICY NUMBER LIMITS

EXCESS LIABILITY
E UXP300008102 04/01/2024 04/01/2025
OTHER
A Environmental Contractor
Poll/Prof [E&O]
CM006041012023
10/31/2023 10/31/2024
B Cyber Liability C4LQ3051873CYBER2023 10/31/2023 10/31/2024 Aggregate $15,000,000
Each
Occurrence
$15,000,000
SIR $50,000
Limit $5,000,000
SIR $50,000
$15M xs $10M
Claims Made
Claims Made
ADDL
INSD
INSR
LTR
SUBR
WVD
POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
SIR applies per policy terms & conditions
SIR applies per policy terms & conditions
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Addendum:

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE : Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED AGENCY
See Certificate Number :

See Certificate Number :

Aon Risk Services Central, Inc.
570000076842
570105010570
570105010570
Page _ of _
Blach Construction Company
Cyber Liability Insurers and Quota Share Percentage:

Arch Specialty Insurance Company - 30%
Ascot Specialty Insurance Company - 20%
Fireman's Fund Indemnity Corporation - 20%
Fortegra Specialty Insurance Company - 30%
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
U-GL-2162-A CW (02/19)

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

INTERNAL USE ONLY
Additional Insured – Automatic – Owners, Lessees Or
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. Effective Date:

This en
dorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written co ntract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage " or "personal and advertising injury" and subject to the following:

1. If such written contract or written agreement specifically requires that you provide that the person or organizatio n be named as
an additional insured under one or both of the following endorsements:
a.

The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b.

The ISO CG 20 37 (10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2)
"Your work", with respect to Paragraph 1.b. above,
whi
ch is the subject of the written contract or written agreement.

However, sol
ely with respect to this Paragraph 1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs durin
g the policy period and subsequent to your execution of the written contract or written agreement; and
(b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "product
s-completed operations hazard" unless the written contr act or written agreement specifi cally requires that you provide
such coverage to such additional insured.

2. If
such written contract or written agreement specifically requ ires that you provide that the person or organizatio n be named as
an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b.

The ISO CG 20 37 (07/04 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions; or
(2)
The acts or omissions of those acting on your behalf,
GLO437326716 4/1/2024

U-GL-2162-A CW (02/19)

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

INTERNAL USE ONLY
in the performance of:
(a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph

2.b. above,
which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "per sonal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and
(ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written c ontract or written agreement specifically requires that you provide such coverage to such additional insured.

3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operation s (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph 3., insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Will not be broader than that which you are required by the wr itten contract or written agreement to provide for such additional insured; and
(c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement.

4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph 4., insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured;
(3) Only applies if the "bodily injury" or "property damage" occur s during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations haz ard" unless the written contr act or written agreement specifically requires that you provide such coverage to such additional insured.

U-GL-2162-A CW (02/19)

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

INTERNAL USE ONLY
B. Solely with respect to the insurance afforded to any additiona l insured referenced in Section A. of this endorseme nt, the following addition
al exclusion applies:

This
insurance does not apply to "bodily injury", "property dam age" or "personal and advertising injury" arising out o f the renderi
ng of, or failure to render, any professional architectural, engineering or surveying services including:

1. The preparing, approving or failing to prepare or approve maps , shop drawings, opinions, reports, surveys, f ield orders, change order
s or drawings and specifications; or

2. Supervisory, inspection, architectural or engineering activities.

This
exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.

C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions:

The additio
nal insured must see to it that:
(1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3)
A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another
insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or writ ten agreement requires that this cove
rage be primary and non-contributory.

D.

Solely with respect to the coverage provided by this endorsement:

1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions:

Primary
and Noncontributory insurance
This insurance is primary to and will not seek contribution fro m any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b.

You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV – Commercial General Liability Conditions:

This in
surance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same " occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by
a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.

E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of add itional insureds, and which endorsement a pplies specifically
to that identified additional insured.

F.

Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III – Limits Of Insurance:

Addition
al Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance:

U-GL-2162-A CW (02/19)

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

INTERNAL USE ONLY

1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or

2. Available under the applicable Limits of Insurance shown in the Declarations, whi
chever is less.

This en
dorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

All other terms, conditions, provisions and exclusions of this policy remain the same.

U-GL-1521-B CW (01/19)
P
age 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INTERNAL USE ONLY
Blanket Notif
ication to Others of Cancellation
or Non-Renewal
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. Effective Date:

Thi
s endorsement applies to insurance provided under the:

Commercial General Liability Coverage Part
A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list:

1. Must be provided to us prior to cancellation or non-renewal;

2. Must contain the names and addresses of only the persons or or ganizations requiring notification that such Coverage Part has been cancelled or non-renewed; and

3. Must be in an electronic format that is acceptable to us.

B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in o ur records as of the date the notice of cancellation or non-renewal is mai led or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list:

1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or

2. At least 30 days prior to the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of thi s endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above.

C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not:

1. Extend the Coverage Part cancellation or non-renewal date;

2. Negate the cancellation or non-renewal; or

3. Provide any additional insurance that would not have been provided in the absence of this endorsement.

GLO437326716 4/1/2024

U-GL-1521-B CW (01/19)

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

INTERNAL USE ONLY
D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement.

SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: * The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following number of days: ** * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply.

All other terms and conditions of this policy remain unchanged.

U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.

C
overage Extension Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. Effective Date:

T
his endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured

1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage :

The following are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. A ny “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s ) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.

2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form :

Coverage for any person(s) or organization(s), where required by written contract or written agreement wi th you executed prior to any "accident", w ill apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" w ill apply on an excess basis. However, in no event w ill this coverage extend beyond the terms and conditions of the Coverage Form.

B. Amendment – Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II – C overed Autos Liability Coverage does not apply.

BAP 4373266-16 4/1/2024
U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.

D. Driver Safety Program Liability and Physical Damage Coverage

1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage :

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck ag ility demonstrations.

2. The following is added to Paragraph 2. in B. Exclusions o f Section III – Phys ical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions o f Section IV – Phys ical Damage Coverage of the Motor Carrier Coverage Form:

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck ag ility demonstrations.

E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Phys ical Damage Coverage Section:

Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. Any amount paid under the Phys ical Damage Coverage Section of the Coverage Form; and b. A n y :
(1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and
(5) Carry-over balances from previous leases or loans.

F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:

We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. Howev er, the labor must be performed at the place of disablement.

As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes.

G. Extended Glas s Coverage
The following is added to Paragraph A.3.a. of the Phys ical Damage Coverage Section:

If glass must be replaced, the deductible shown in the Declarat ions will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible w ill be waived. You have the option of having the glass repaired rather than replaced.

H. Hi red Auto Physical Damage – Increas ed Los s of Us e Expens es The Coverage Extension for Loss Of Use Ex pe nse s in the Phys ical Damage Coverage Section is replaced by the following:

Loss Of Use Ex pe nse s
For Hired Auto Physical Damage, we w ill pay ex penses for which an "insured" becomes legally responsible to pa y for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use ex penses if caused by:
(1) Other than collision only if the Declarations indicate that Compr ehensive Coverage is provided for any covered "auto";
U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission. (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Cove rage is provided for any covered "auto".

However, the most we will pay for any ex penses for loss of use is $100 per day , to a maximum of $3000.

I. Personal Effects Coverage
The following is added to the Coverage Provision of the Phys ical Damage Coverage Section:

Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal property owned by an "insured"; and
(2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cos t to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto".

No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, di scs or other similar dev ices used with audio, v isual or data electronic equipment.

Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".

J. Tapes, Records and Discs Coverage

1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Cov erage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply.

2. The following is added to Paragraph 1.a. Comprehens ive Coverage under the Coverage Provision of the Physical Damage Coverage Section:

We will pay for "loss" to tapes, records, di scs or other similar dev ices used with audio, visual or data electronic equi
pment. We w ill pay only if the tapes, records, di scs or other similar audio, visual or data electronic devices:
(a) Are the property of an "insured"; and
(b) Are in a covered "auto" at the time of "loss".

The most we will pay for such "loss" to tapes, records, discs or other similar dev ices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss".

K. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Cov erage Form does not apply to the accidental discharge of an airbag.

L. Two or More Deductibles
The following is added to the Deductible Provision of the Phys ical Damage Coverage Section:

U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.

If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis:

1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it w ill be waived; or

2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it w ill be reduced by the amount of the smaller (or smallest) deductible.

M. Temporary Substitute Autos – Physical Damage

1. The following is added to Section I – Covered Autos:

Temporary Substitute Autos – Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage:

Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a cover ed "auto" you do own but is out of service because of its:

1. Breakdown;

2. Repair;

3. Servicing;

4. "Loss"; or

5. Destruction.

2. The following is added to the Paragraph A. Coverage Provision of the Phys ical Damage Coverage Section:

Temporary Substitute Autos – Physical Damage
We will pay the owner for "loss" to the temporary substitute "a uto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, w e will obtain the owner's rights against any other party.

The deductible for the temporary substitute "auto" w ill be the same as the deductible for the covered "auto" it replaces.

N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you a re a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insuranc e afforded by this policy.

Include, as soon as practicable:
(1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.

If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us w ill not be s een
as a violation of these amended duties provided you give us noti ce as soon as practicable after the fact of the delay becomes known to you.

O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.

This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of op erations contemplated by such contract. This waiv er only applies to the person or organization designated in the contrac t.

P. Employee Hired Autos – Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following:

For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or ap pointed official’s duties as respect their obligations to you.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

Q. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:

However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information.

You must notify us as soon as possible after the discovery of any hazards or any other information that was not prov ided to us prior to the acceptance of this policy.

R. Hired Auto – World Wide Coverage
Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
(5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

T. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following:

Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured" . This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

U. Phys ical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.

4.a. of Section III – Physical Damage Coverage is replaced by the following:

4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We w ill pay only for those covered "autos" for which you carry either Comprehensive or Specified C auses of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to us e or we pay for its "loss".

U-CA-424-H CW (10/21)

Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.

V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:

In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we w ill pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and eviden ced by a bill of sale or new vehicle lease agreement.

To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.

W. Return of Stolen Automobile
The following is added to the Coverage Extens ion Provision of the Phys ical Damage Coverage Section:

If a covered “auto” is stolen and recovered, we w ill pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.

All other terms, conditions, provisions and exclusions of this policy remain the same.

U-CA-832-B CW (03/23)

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

Blanket Notification to Others of Cancellation
or Non-Renewal
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. Effective Date:

This endorsement modifies insurance provided under the:

Commercial Automobile Coverage Part

SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: * The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following number of days: ** * If a number is not shown here, 10 days continues to apply. ** I
f a number is not shown here, 30 days continues to apply.

A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that
such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required b y written contract or written agreement to provide such notification.

However, such notification will not be mailed or delivered if a conditional notice of renewal has been s ent to the first Named Insured. Such list:

1. Must be provided to us prior to cancellation or non-renewal;

2. Must contain the names and addresses of only the persons or org anizations requiring notification that such Cover
age Part has been cancelled or non-renewed; and

3. Must be in an electronic format that is acceptable to us.

B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as
of the date the notice of cancellation or non-renewal is mai led or delivered to the first Named Insured. We will mail or deliver such notification
to each person or organization shown in the list:

1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or

2. At least 30 days prior to the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless
a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above.

BAP 4373266-16 4/1/2024
U-CA-832-B CW (03/23)

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

C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide
such mailing or delivery will not:

1. Extend the Coverage Part cancellation or non-renewal date;

2. Negate the cancellation or non-renewal; or

3. Provide any additional insurance that would not have been provided in the absence of this endorsement.

D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us a
s described in Paragraphs A. and B. of this endorsement.

All other terms, conditions, provisions and exclusions of this policy remain the same.

W
C124 (4-84) Page 1 of 1
WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. U niform FormsTM

INTERNAL USE ONLY
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY W C 00 03 13 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable fo r an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured Premium $
Insurance Company Countersigned by
Blach Construction Company
4/1/2024 WC437326516
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us.

American Zurich Ins Co
WC 99 06 43 Page 1 of 1
(Ed. 01-13) Includes copyright m aterial of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43

BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT

This endorsement adds the following to Part Six of the policy.

PART SIX

CONDITIONS
Blanket Notification to Others of Cancellation or Nonrenewal

1. If we cancel or non-renew this policy by written notice to y ou, we will mail or deliver notification that s uch policy
has been cancelled or non-renewed to each person or orga nization shown in a list provided to us by you
if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list:
a.

Must be provided to us prior to cancellation or non-renewal; b.

Must contain the names and addr esses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and
c.

Must be in an electronic format that is acceptable to us.

2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as o f the
date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver s uch notification to each person o
r organization shown in the list:
a.

Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment o f premium; or
b.

At least 30 days prior to the effective date of:
(1)
Cancellation, if cancelled for any reason other than nonpayment of premium; or (2)
Non-renewal, but not including conditional notice of renewal.

3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only.

Our failure to provide such mailing or delivery will not:
a.

Extend the policy cancellation or non-renewal date;
b.

Negate the cancellation or non-renewal; or
c.

Provide any additional insurance that would not have been provided in the absence of this endorsement.

4. We are not responsible for the accuracy, integrity, timeline ss and validity of information contained in the list provided to us as described in Paragraphs

1. and 2. above.

All other terms and conditions of this policy remain unchanged.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured
Premium $
Insurance Company
Blach Construction
Company
4/1/2024 WC437326516
American Zurich Ins Co