CONTRACTOR AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this 4th day of March 2025, by and between the CITY OF ALAMEDA, a municipal corporation (“ the City"), and MCKIM CORPORATION, a California corporation whose address is 8505 Church Street #1 , Gilroy, California, 95020, (“Contractor”), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: Grand Street Safety Improvements and Pavement Rehabilitation. City staff issued an IFB on December 3, 2024, after a submittal period of thirty-seven days received fourteen of timely submitted bids, and the bids were opened on January 9, 2025. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on March 4, 2025.
E. The City and Contractor desire to enter into an agreement for Grand Street Safety Improvements and Pavement Rehabilitation, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have 65 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Technical Specifications and Plans, which Specifications, Technical Specifications and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.
Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. However, Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Exhibit 1
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2 the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.
Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor.
Retained amounts shall be paid to Contractor w ithin sixty days of acceptance by the City of the project.
Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $1,209,149.70, with a ten percent contingency in the amount of $120,914.97 for a total not to exceed of $1,330,064.67. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
Prompt Payment Of Withheld Funds To Subcontractors : The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances.
The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contracto r to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limit ed to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.
4. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of three thousand DOLLARS ($3,000.00) per day as liquidated damages fo r each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.
Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
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3 City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement. Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequ ate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Contractor and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are lim ited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, in cluding but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal ta xes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the serv ices under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall ind emnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate again st any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and phy sical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate uni on activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
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4 advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misco nduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Contractor’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (5). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage 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.” Contractor 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 curre nt 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 naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates. b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
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5 Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
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. The 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 Contractor; 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. c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation end orsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by th e Contractor, its employees, agents and subcontractors.
d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for th e 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.
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6 e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any re covery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on t his policy or any extension thereof. Any other insurance 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 coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of t he insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein.
No insurance policies maintained by the indemnified parties or Additional Insureds, whether p rimary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:
A. Faithful Performance : A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials : A bond for labor and materials in the amount of 100% of the total contract price.
Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000.
Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
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7 cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated cos ts for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.
No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
Contractor shall maintain adequate records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees at all proper times, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
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8 or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square Room 110
Alameda, CA 94501
ATTENTION: Ali Hatefi, Senior Engineer
Ph: (510) 747-7972
Email: [email protected]
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
McKim Corporation
8505 Church Street #1
Gilroy, CA 95020
ATTENTION; Santino Orozco, President
Ph: (650) 281-5495
18. SAFETY:
Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours.
In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement.
Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
Contractor will immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit t o the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involve d in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be p erformed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
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9 with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless f rom any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REQUIREMENTS.
Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks) , physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
21. PREVAILING WAGES:
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of busi ness and at the project site.
Contractor shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html
c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public-Works/Certified-Payroll- Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal.
Code Regs, § 16451(d).)
e. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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10 23. HOURS OF LABOR:
As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work cont emplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor shall pay the City a penalty of Twenty -five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employe d by Contractor is not less than one and one -half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution . Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
25. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
11 26. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.
27. URBAN RUNOFF MANAGEMENT:
Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor shall use as little as necessary.
Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.
Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site.)
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.
The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The Stat e under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.
28. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13 -56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the e xcavation work is subject to the Marsh Crust Ordinance.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
12 Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:
Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2 -2022- 0018, issued by the San Francisco Bay Regional Water Quality Control Board. ❑ Contractor shall use the most current IPM technologies available to ensure the long -term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights -of-way, and other City properties.
❑ Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1) a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
❑ Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy. ❑ Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion); c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda -cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented. ❑ Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
13 ❑ Contractor shall provide to the City’s project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. ❑ Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.
A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file with the City Clerk.
If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.
30. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at: www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:
Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“CARB Regulations”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates o f Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the Cit
Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulatio ns. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to co mply with the CARB Regulations.
32. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
14 of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
33. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204.
Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be p rocessed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non -binding mediation. If the City and Contractor mutual ly agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
15 g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.
35. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
36. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
37. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
38. INTEGRATED CONTRACT:
Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the part ies hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.
39. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
40. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
41. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
42. SIGNATORY:
By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
16 43. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
17 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written.
MCKIM CORPORATION CITY OF ALAMEDA,
a California corporation a municipal corporation
Santino Orozco Jennifer Ott
President/Secretary City Manager
RECOMMENDED FOR APPROVAL
E r i n S m i t h
P u b l i c W o r k s D i r e c t o r
Contractor License No._976269_______ APPROVED AS TO FORM:
City Attorney
DIR No.___________________________
Len Aslanian
Assistant City Attorney
-1000005844-
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
CONTRACTOR AGREEMENT For PW NO. 04-24-13
FEDERAL AID NO. STPL-5014(048)
18 Exhibit A
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BIDDER: MCKIM CORPORATION
5 BID PROPOSAL TO THE CITY OF ALAMEDA
NAMEOFBIDDER MCKIM coRPoRArIoN
BUSINESS ADDRESS 8505 Church Street #1,
CITY.STATE.ZIP cilroy, CA 95020
TELEPHONENO: AREACODE (x408) 848-8700 x 1001
The Project plans for the Work to be done were approved and are entitled Grand Street Safety Improvements and Pavement Rehabllltatlon PW NO.04-24-13
CITY OF ALAMEDA
ALAMEDA COTINTY. CALIFORNIA
Bids are to be submitted for the entire Work. The amount of the bid for comparison purposes will be the total of bid items. including revocable bid items.
Bid bond or check.
BTD BOND ATTACHED (10* ) , [nsert: Cash $_, Cashier's Check.
Certified Check. or Bidder's Bond. as the case may be] in an amount equal to at least l07o of the toral of the bid.
Execution within ten days. The Bidder agrees to execute the required contract(s), with necessary bonds. within ten calendar days ofnotification that the City has accepted the bid and the con-tract is ready for signature. If the Bidder fails to do so. the City may, at its option. determine that the Bidder has abandoned the contract. The penalry for default is forfeirure to the City of Alameda of the proceeds of the proposal guarantee accompanying this bid.
Addenda. This proposal is submitted to include the changes to the Contract Documents as Addendum numbers #L, *2, *3
issued.] Ifaddenda issued. print. sign and date each addenda and include with this bid proposal.
Waming. If the City has issued an addendum or addenda. the City may reject this Proposal if all addenda are not noted above as being received by the Bidder.
License. The Bidder is licensed in accordance rvith the State of Califomia Contractor's License Law.
License No. 91 6269
l,l
PROPOSAL FOR PlI'\O. OJ.2{ I.1
The Work for which this proposal is submitted is for construction in accordance with the Contract Documents.
Accompanying this proposal is
[Fill in if addenda have been
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BTDDER: MCKIM CORPORATTON PROPOS.A.L FOR P\l r-O. 0.t-2{-r3 Class GENERAI, A
Expiration Date I / 3L/2O26
Bidder's status. Ifan individual, so state. Ifa firm co partnership. state the firm name and give the names of all individuals or copartners composing the firm. If a corporation. state legal names of corporation and also names ofPresident, Secretary. Treasurer and Manager.
The names ofall persons interested in the Bid Proposal as principals are as follows:
I Note: If Bidder or other interested person is a corporation. state legal name of the corporation, also names of the president, secretary. treasurer. and manager; if a co-partnership. state name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual. state first and last names in full. Use additional pages ifnecessary.]
MCKTM CORPORAT ION - CA CORPORATION
Santino R Orozco Pres ident. , Secretarv, Treasurer, Manager Documents included in Bid Proposal and Schedule. The follorving are attached and included in the Bid Proposal and Schedule:
5 / ., Bid Proposal
5- l L/ Bid Schedule
5-A/- Proposed Subcontractor Form
5 -{ 7 Equal Opportuniry Employment Certifi cation
5-4v . Non-collusion Declaration
5-5,/ Debarment and Suspension Certification
5-6l Non-lobbying Certification
5-7/, Bidder' s Acknowledgemenrs
5-&,/ Questionnaire to General Contractors
5-9r"/ Bidder's Statemetrt of Financial Responsibility. Technical Abiliry and Experience 5-lo,/ Bidder's Bond
s-t 1, gidder's Request for Matenal Substirution
5-ll,/,cuaranry
5-13r./txecuted Agf,eement to be Bound to Project Stabilization Agreement S-t+-/f*iUit I5-G Construction Contract DBE Commitment
5-15 "/Exhibit l5-H: Contractor Good Faith Efforts
xxx
Signature. Under penalty of pedury, I declare that to the best of my knowledge and belief: the representations made in these BiflDocuments are true. correct and complete.
Ctr?
srcNAruREoFBrDDER b-^4i, ". ('w-ri.
Print or Type Name, Address and Telephone Number:
MCKIU CORPORAT rON / SaNTTNO OROZCO, PRESTDENT x408-848-8700 8505 Church Street #1, Gilroy, CA 95020
a'ttDATED: .IANUARY 9t-h, 2025
ll
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BTDDER: MCKIM CORPORATION PROPOSAI- !'OR PW NO. M-24-t-1 5-I BID SCHEDULE FOR GRAND STREET SAFETY IMPROVf,MENTS AND
PAVEMENT REHABILITATION
TO: CITY COUNCIL, CITY OF ALAMEDA. CALIFORNIA
The undersigned Bidder declares that Bidder has carefully examined the Project Manual. and is satisfied as to the lield conditions the Bidder will encounter. The Bidder proposes to furnish atl materials, labor and equipment and to do all Work required to complete the Work in accordance with the Project Manual, for the prices set lorth in the following schedule (including all applicable taxes):
ITEM DESCRIPTION UNIT OUANTITY UNIT
PRICE
ITEM TOTAL
1 Mobilization LS 1
{b,ooo.oo { 6o,ooo.oo
2 Clearing, Grubbing, Tree Protection & Root
Pruninq LS $7,000 $7,000.00
3 Tratfic Control and Construction Area Signs LS 1
{\3o,o...or {$o,ooo.oo
4 Changeable Message Signs EA 4 $2,000 $8,000.00
5 Water Pollution Control LS $L2,250 $L2,25O.00
b Adjust Survey Monument Box to Grade EA 1 $1,050 $1,050.00 7 Adjust City Sanitary Sewer Manhole Frame and
Cover to Grade EA o
$1,8s0 $14,800.00
8 Adjust City Sanitary Sewer Cleanout Frame and
Cover to Grade [Round Traffic Rated, ln-Streetl EA 1 $1,8s0 $1,8s0.00 I
Remove and Replace City Sanitary Sewer
Cleanout Frame and Cover and Adjust to Grade
[Rectangular Traffic Rated Box, ln Sidewalkl
lService lteml
EA 2 $soo 91,000.00
't0 Abandon lnigation Valve and Box EA 2 $ 600 $1,200 .00 11 Gutter Pan Width Reduction LF 78 $21 .56 $2,1s0.00
12 Remove Concrete Curb. Curb and Gutter, Curb
Ramp, Sidewalk, lsland, or Median SF 2,965 $13.9s $41,370.00 13 Concrete Verlical Curb LF 266 $37.1s $9,881 .00
14 Concrete Curb & Gutter LF 35 971.43 $2, s00 .00
tc Concrete Curb Ramp SF 1 ,324 $21.00 $27,804.00
to Concrete SidewalUFlatwork SF 9L2.77 $7,1s0 .00
17 Additional Minor Concrete for PCC Curb Ramps
lRevocablel
ctr 500 $21.00 $10,500 .00
18 Concrete Median - Near Wood Middle School SF 697 $32.s4 $22,680.OO l5
ADDENDUM NO.2
ITEM
1 1
560
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 19 $45.94 $8,31s.00
$9,920.00)n Concrete Bulbout B SF 288 $34 .44
21 Concrete Bulbout - Near Otis Drive SF 77 $6s.9s $s,386.00 22 Concrete Transit lsland - Near Shore Line Drive SF 917 $2s . 00 $22,92s.0O 23 Concrete Transit lsland - Near Wood Middle
School SF 855 $2s. 00 $21,375.00
24 Cold Milling Asphall Pavoment (3-inch Depth) SY 6,495 $7.66 $49,780.00 25 Removal of Surfacing, Base, and Subgrade CY 574 $106. 62 $61,200.00 26 Subgrade Over-Excavation IRevocablel CY ,1 $286.96 $5,600.00 Hot Mix Asphalt Overlay (3 lnches) TON 1 .206
28 Hot Mix Asphalt Pavement (6 lnches) TON 1 ,004
29 Crack Sealing 1 910,000 $10,000.00
30 4-inch Base Repair (After Milling) SF 1 1.692 $71,7s3.00 31 SY 2,705 $6.49 $17, s50.00
32 1 I5@ Oo $?o,<oo.oo
$3.00 420.0033 Thermoplastic Traffic Striping - Caltrans Detail 22 LF 140
34 Thermoplastic Trafiic Striping - Caltrans Detail
25 LF tzo $2 .50 $31s.00
35 Thermoplastic Traffic Striping - Callrans Detail
278 LF 790 $2.00 $1, s80.00
36 Thermoplastic Traffic Striping - Caltrans Detail
29 LF 50 910 . 00 $s00.00
Thermoplastic Traffic Striping - Caltrans Detail
32 LF 1,033 $6.00 $6,198.00
38 Th€rmoplastic Traffic Striping - Caltrans Detail
38 LF 110 $3.00 $330.00
Thermoplastic Traffic Striping - Caltrans Detail
39 LF 785 $2.00 $1, s70.00
40 Thermoplastic Traffic Striping - Caltrans Detail
394 LF 84 $2 .00 $168 . 00
41 Thermoplastic 6" White, Yollow or Blue Line LF 1 ,179 $4.00 $4,715.00 Thermoplastic 6" Yellow Dashed Line LF 9s9 $s.00 $4,79s.00 43 Thermoplastic Limit Lin6 (White) LF 33 $20.00 $550.00 44 Thermoplastic Yield Line (White) LF 22 $3s.00 9770.00 45 Thermoplastic Yield Line - Bike (White) LF 47 $3s.00 $1,64s.00 46 Thermoplastic Yellow Ladder Crosswalk LF 158 $4s.00 $7 ,110.00 BIDDER: MCKIM CORPOBATION
Concrete Bulbout A SF 181
PROPOSA!. I'OR P\r', NO. 04-24-t3
t6
ADDENDUM NO.2
27 sL42 . s8 lSnz , asz . o
$148 . 3? lSraa, sss. o
LS
$6.14
Compact Existing Street Base and Subgrade
Materials
RRFB lnstallation EA
37 39
42 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 47 $8.00 r 3t19b'oo
48 Th€rmoplastic Buffe( 'fype 2 LF 1 ,312 $6.00 11 ,812.OO 49 Green Cyclecrip MMAX Markings SF s,252 $13 . 00 168 ,27 6 .Oo 50 Thermoplastic Markings SF 496 $11.00 $s,4s6.00
51 $1,10s.00Thermoplastic Parking "T"s EA 17 $65.00
$2s.00 $100.00Blue Fire Hydrant Pavemenl Marker EA 4
53 Curb Paint - White or Yellow with Refloctive
Glass Beads LF 127 $s.00 $63s.00
54 lnstall Sign and Post 7 $sso.00 $3,8s0.00
55 Remove Street Sign EA 2 $s00.00
56 K71 Bollards EA 17 $325.00 $s.s25.00
1s,000 . 00Truck Bumpers EA 't0 $s00
$s,000 $s,000.0058 Relocate Transit Shelter LS
59 $197.86 $23,316.0(Railing LF 133
bU a7
;\\II
$1,0s0
( \\\\\$7,3s0.00
\.TI\II\\II\\\I'II
3a6€ts Adjust Waler Valve Box lo Grade (Non Parlrcipating) llt\\l\lt\l\tt\t EA
$ trzol/ l{{.ooJoIal
u t I) t) []R: MCKIM CORPOB,AT ION PROPOSAI. ['OR PW NO. 04-24-l-1 Thermoplastic Buffer Type 1 LF 437
Entire Work. Bids are required for the entire Work, including the alternative bid iterns if any. The anrount ofthe bid tbr the purposes ofthe award will be the total ofthe amount of all the base bid items. The City will determine which additional altemate(s), if any, will be awarded. All items are based on an "in place" condition.
Item price and total. The Bidder shall sct forth for each unit basis item of Work an item price and a total for the item, and fbr each lump sum item a total fbr the item, all in clearly legible ligures in the respective spaces provided lbr this purpose. In the case ofunit basis items. the amount set forth under the "total" column shall be the extension of the item price bid on the basis ofthe estimated quantity for the item.
Discrepancies. In the case ofdiscrepancy between the item priee and the total set tbrth tbr a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible or uncertain tbr any cause, or is omitted, or is the same amount as the entry in the "total" column, then the amount set tbrth in the "total" column tbrthe item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
Ouantities. The foregoing quantities are approximate only. being given as a basis for the comparison ofbids. The City does not, expressly or by implication, agree that the actual amount of Work will correspond with the quantities. but reserves the right to increase or decrease the l7
ADDENDUM NO.2
EA
$2s0 .00
I
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BIDDER: MCKIM CORPORATION PROPOSAI- l'OR PW NO. 04-24-t3 amount of any class or portion of the Work. or to omit any portion(s) (this includes complete base bid items) ofthe Work, as the Engineer deems necessary or advisable. at the contract price. Price negotiations on the contract prices are optional if the actual amount of Work is different from the above estimates by 25% or greater.
Ill
ADDENDUM NO.2
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCI'NTE\TS
Photocopy thls form for addltlonal flrms
FECERA PROECT NJMBER
srPL - 5014 (048)
Subcorlfactor ilamo E Loca!m
Tully Group
c
< S10 mllllm
< 515 m ron
< 55 mrlltdr
< $15 mtllrm
<$5 mrllion
<u10 m(lron
<$15 ml[icn
<$5 lnrllrdl
10 milllon
5+
10+
10 +
0+
Dixon, CA
JCC INC
coNcoRD, cA
Calwest Eence
, stde
Bond Blacktop
c
Union City, CA
Sierra Traffic
tlzl?-€
I GooooE
Coniactd Llc€me NunberLh.lbn t O.r.rFtm Subcontrsat
OR Reg l{tmber
DBE
(Y/N) OBE Cortl{mDer AnnucOroar R6crrpt!
541330 CE#s
WPCP
i1 ,25O 80r
x1000024960
YES 3830 0
Age ol Flm ln
#6-8
*60
utility Adj $34,400 100r
x1000002380
NO
w
83677 9
$26,316 100*
x1000055639
NO N/A
a€e d Fim tn
7 46432
l.r98r
x1000001972
NO N/A
,€e ol nrm h
l,laIl
#3'?"
Crack Seal 99, 888
$147, s9 2 toot
x1000002?83
NO N/A
w
*32
Electricaf $7o,soo loo /. No N/A
w
w
II):(I
ItaII
IIz!I
III2:t
?I
OoKlcn), dfi
a\
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PROPOSAL FOR PW lro. 0.r 2d l-1
5.2 BIDDER'S LIST OF SUBCONTRACTOR (DBE AND NON.DBE) . PART 1 As of March 1 , 2015 Contractors (and sub-contraclors) wishing to bid on public works contracts must be registsred with ths State Division of lndustrial Relations and certified to bid on Public Works contracts. Pleas€ register at https://www.dir.ca.gov/Public-Workvcontractor-Registration.html. The local agoncy will v€rify registration of all contractors and subcontraclors on public works projects at bid and theroaft€r annually lo assure thal yearly registration is maintained throughout the life of the pro.i6ct. ln accordance with Titla 49, Section 26.1 1 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, lhe following information is required for each sub-contractor who will perform work amounling lo more lhan one half of one percent (0.5olo) of the Total Base Bid or $10,000 (whichever is grealer).
San Martin.
Paac4a*aoa o,
8ld tbm
&.bcsrt-tad
t.
9812 0 9
N/A
#s9
Railing
7 55317#33-57
striping/
signage
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT'ME\TS PROPOS.{L FOR PW \O. 0{ 2{ 1.1
Bidders Lid of SubcontEdors (DBE and Non-DBE)
Bidder's List of Subcontractor (DBE and Non-DBE) - Pafi 2 ln accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subconlractors who provided a quole or bid but wers not selecled to participate as a subcontractor on this project.
Photocopy thls torm for additlonal
firms.
FEDERALPROJECT
NUMBER.
srPL - s014(048)
8lrbc ortractoa l{ame E
Locathn
E'ARWEST SAFTEY
LODI, CA
AP TRAFEIC
, 5r3te
MATHER, CA
c
Cty, State
M
<$5 millron
<$15m
<$5 mrllron
< $10 m lm
< $15 m lm
1 mrllron
< 515 mrllrcrl
<$5 m(lron
< 5lo mtlltgt
< $1
< $5 mr ton
< $15 mUrm
Contactor LlcerBe llumborPerc€itaoa oa
Bld tm
Subconlracled DIR Rog Nrmbor
Amualcro8s
RocolEB
523t81
#3
TCP
variabl loor
x1000001371
NO N/A
AgeolFrm rn
yeas
10 34119
10 0t
x1000057576
N/A
Age of Fllln ln
v#3
TCP
ariable
Age ol Fl.m h
yeds
yeas
,€eolFim h
yaas
IIII
IIII
IIII
IIII
(_l
ll
Llne tem a [hacrlptlon SLaconbact
Amoui
DAE
iY/N) OgE CortN(mbor
NO
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT'}!E\TS PROPOSAL FOR PW \O. 0{-2{-13
5.3 EOUAL EMPLOYI$ENTOPPORruNITYCERTIFICATION
The bidder's execution on the signature portion of this proposal shall also constitute an endorsement and execution ofthose certifications which are a part of this proposal) The bidder !{CKIM CORPoR ATION . proposed subcontractors . hereby certified that they have )( have not
-.
participated in a previous conract or subcontract
subject to the equal opporruniry clauses. as required by Executive Orders 10925. I I I14, or I1246. and that, where required, they have filed with the Joint Reporting Committee. the Director of the Offrce of Federal Contract Compliance, a Federal Govemment contracting or administering agency. or the former President's Committee on Equal Employment Opporrunity. all report due under the applicable filling requiements. The Bidder must place a checkmark after "have" or "have not" in one of the blank spaces provided.
NOTE: The above Certification is part of this proposal. By signing this proposal. the Bidder thereby endorses and executes this Certificate. Bidders are cautioned that making a false certification may subject the certifier to legal consequences.
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(bxl)), and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts rvhich are exempt ftom the equal oppomrnity clause are set forth in 4l CFR 60-1.5. (Generally only contracts or subcontracts of $ 10.000 or under are exempt.)
Currently, Standard Fonn I00 (EEO-I ) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 4l CFR 60- 1.7(bX I ) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specit'ied by the Federal Highway Administration or by the Director. Office of Federal Contract Compliance, U.S. Department of Labor.
:-l
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 PROPOSAL rOR PW \O. 0{-2{ 13
The undersigned declares:
I AM thc PRESIDENT Of MCKIM CORPOR,trTION . thE party making the foregoing bid.
The bid is not made in the interest of. or on behalfof, any undisclosed person. partnership. company, association. organization. or corporation. The bid is genuine and not collusive or sharn. The bidder has not directly or indtectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded. conspired, connived. or agreed with any bidder or anyone else to put in a sham bid. or to refrain from bidding. The bidder has not in any manner. directly or indirectly, sought by agreement. communication. or conference with anyone to fix the bid price of the bidder or any other bidder. or to fix any overhead. profit, or cost element of the bid price. or of that ofany other bidder. All statements contained in the bid are true. The bidder has not. directly or indirectly, submitted this bid price or any breakdown thereof, or the contents thereof. or diwlged information or data relative thereto. to any corporation. partnership. company. association, organization, bid depository. or to any member or agent thereof. to effectuate a collusive or sham bid. and has not paid. and will not pay. any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation. partnership. joint venture. limited liability company, limited liability partnership, or any other entity. hereby represents that he or she has full power to execute. and does execute. this declaration on behalfofthe bidder.
I declare under penalty of perjury under the laws of the State of Calilomia that the foregoing is true and correct and that this declaration is executed on ,JAlil gth . 2025, at GTLRoY (ciry), Califomia." ,aL vr":i'
l----. \---
Z:>4 ln,
(Signarure of representative olBidder)
t.l
BID IX)CLIME){TS
5-4 NON-COLLUSION DECLARATION
Title 23 United States Code section I 12. and
PCC section 7106
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCTf{ESTS PROPOSAL rOR PW \O. 04-2.1-13
5.5 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penally of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, omcer, manager:
. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility byany Federal agency;
. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
. does not have a proposed debarment pending; and
. has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
lf there are any exceptions to this cerlification, insert the exceptions in the following space.
N,/A
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitule signature of this Certification. :5
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCIIMENTS PROPOSAL FOR PW NO. 04-24-13
5.6 NON.LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding ofany Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, Ioan, or cooperative agreement. (2) lf any funds other than Federal appropriated tunds have been paid or will be paid to any person for influencing or attempting to influence an off,cer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certilication is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $'10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in a,l lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 0( $^..t'+o l)Lo?co
:6
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCL-T{ENTS PROPOSAL FOR P\\'\O. 0.r,24-r-1
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLEIE THIS FORII TO DISCLOSE LOBEYING ACTIVITIES PURSUANT TO 31 U S C 1352 IINSERT FORM]
N/e
27 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCUMENTS PROPOSAL FOR PW NO.04.24-I3
INSTRUCTIONS FOR GOMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subavrardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuanl to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional informalion if the space on the form is inadequate. Complete all items that apply for both the inilial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1 ldentify the type of covered Federal action for which lobbying activity is and/or has boen secured to influence, the outcome of a covered Federal action.
2. ldentify the status of lhe mvered Federal action.
3- ldentify the appropriate classification of this report. Il this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in wlrich th6 change occuned. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. lnclude Congressional District if known. Check the appropriate classilication of the reporting entity lhat designates if it is or expects to be a prime or subaward recipient. ldentify the tier of the subawardee, e.9., lhe first subawardee of the prime is the first tier. Subawards include but are not limited to submnlracts, subgrants and contract awards under granls.
5. lf the organization filing the report in ltem 4 checks "Subawardee" then enter the full name, address, city, stat6 and zip code of the prime Federal recipient. lnclude Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan mmmitment. lnclude at least one organization level below agency name, if known. For example, Department of Transportation, United States CoastGuard.
7. Enter the Federal program name or description for the covered Federal action (item 1). lf known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreemenls, loans and loan commilments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.9., Request for Proposal (RFP) numbor, lnvilation for Bid (lFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal mntrol number assigned by the Federal agency). lnclude prefixes, e.9., "RFP-DE-90-001 ."
9. For a covered Federal action where there has been an award or loan commitment by the Fedeml agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entaty identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle lnitial (Ml). ll Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item '10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. lf this is a material change report, enter lhe cumulative amounl of payment made or planned to bemade.
Check the appropriate box. Check all boxes that apply. lf payment is made through an in-kind contribution, speciry the nature and value of the in-kind payment.
Check the appropriate box. Check all boxes that apply. lf other, speciry nature.
Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. lnclude all preparatory and related activity not .iust time spent in actual mntact with Federal officials. ldentiry the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Membe(s) of Congress that were contacted.
Check whether or not a continuation sheet(s) is attached. 12 1l
1l
15 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCTME\TS PROPOSAL FOR PW NO. 04-2,t-13
16. The certifying omcial shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of infomation is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send @mments regarding the burden estimate or any other aspect ofthis collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Prolect
(0348-0046), Washington, D.C.20503. sF LLL lnstructions Rev 06-04-90(ENDI 29 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT'ME\TS PROPOSAL rOR P\\'\O. 0.t-2{ l.l
5-7 BIDDER'S ACI\-\OWLEGENIENTS
Accompanying this proposal is BID BOND
(NOTICE: INSERT THE WORDS 'CASH($_____), " "CASH/ER'S
CHECK,' "CERTIFIED CHECK,'OR "BIDDERS AONO, "AS IHE
cAsE ATAYBE )
ITPORTANT NOTICE: lf biddar or other interested pe6on ls a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof: if a copattnership, state true name of firm, also names of all individual copainers composing firm: if bidder or other interested person is an individual, state first and last names in full.
MCKM CORPORATION - CA Corporation
Santino R Orozco - President, Secretary, Treasuler, Manager Licens€d in mnformance with an act providing for the registration of Contractors, License No. 97 6269 Classification(s) GENERAL A
ADDENDA
This Proposal is submitted with respect to the changes to the contract included in addenda number/s ADDENDr,M(S) *L, *2, #3
(Fill in addenda numbers if addende have been received and inseft, in this Proposal, any Engineer's Est,;z,ate sheets lhet werc received es pan of lhe addende.) -10
in amount equal to at least ten percsnt of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCTYENTS PROPOSAL FOR PW NO. 04.24.T3
By my signature on this proposal I certify, under penalty of pedury under the laws of the State of Califomia, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that th€ bidd€r has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the Califomia Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the Stat6 of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 'l 12 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
9s16. JNiIUARY 9th, 2025
4L tt "'Sigr SANTINO OROZCO, PRESIDENT
rF (Title)
Signature and Title of Bidder
Business Address 8505 Church Street #1. Gilroy, CA 95020 Place ofBusiness 8505 Church Street #1, Gilroy, CA 95020 place of Residenc" 526 San Bruno Ave, Morgan HiII, CA 95037 lhrc
-31
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 l. Bid depository or registry services. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? YES[ ] Nox
If the answer to No. I is "yes," please forward a copy of the rules ofeach bid depository you used with this questionnaire.
Other source of subcontractors.
depositories?
Did you have any source of subcontractor bids other than bid YES x No[ ]
BID DOCTIIENTS PROPOS.{L fOR PW :\iO. 04-24-13
5-8 QLTESTIONNAIRE TO GENERAL CONTRACTORS
Threats of boycott or other sanctions. Has any person or group tkeatened you rvith subcontractor boycotts. union boycotts. or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depository?
2 -3
YES[ ] NO
If the answer to No. 3 is ']es," please explain the following details:
a. Date:
b. Name ofperson or group:
c. Job involved (if applicable):
d. Nature ofthreat:
e. Additional comments (use additional paper if necessary):
Disqualihcation or removal. Have you. any officer of Bidder. or any employee who has a proprietary interest in Bidder ever been disqualified. removed. or otherwise prevented from bidding on, or completing a federal. state, or local govemment project because of a violation of law or a safety regulation? Ifso, explain the circumstances. (PCC $10162.) 1 x
xYES[ ] NO
5. Federal court action. No more than one final. un-appealable frnding of contempt of court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the contractor's failure to comply with an order ofa federal court which orders the contractor to comply with an order of the National Labor Relations Board. (For purposes of this section. a finding of contempt does not include any finding which has been vacated. dismissed. or otherwise removed by the court because the contractor has complied with the order which was the basis tbr the finding. ) (PCC g 10232.)
TRUE? [ ] No TEpREAI COURT HISTORY
-rl
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 7 Non-discrimination program. Bidder has developed a non-discrimination program, as requLed by Title 2 California Code of Regulations section 8104 (unless exempt under Section 8l l5 ). (2 Cal. Code Regs 8103.)
YES rx No[ ]
The Bidder and all subcontractors are registered with the Departrnent oflndustrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of lndustrial Relations. All contractors and subcontractors must fumish electronic certified payroll records directly to the Labor Commissioner (alia Division of Labor Standards Enforcement).
rRUEtx
Litigation. Please provide the following information on all state or federal litigation in which Bidder or any proposed subcontractor was a named parry: u/A a. Case name
b. Case location (including county and state for state litigation, or district for federal litigation)
c. Year case was filed
case is oendins or resolved. -/-_\_
SIGNED: v*i.
Please return this form rvith your bid proposal.
8 9
BID DOCfMENTS PROPOSAL FOR PW NO. O4-24-I3
6. No convictions. Neither the Bidder nor any proposed subcontractor (nor the partner, member. officer. director. responsible managing officer. or responsible managing employee ofeither of them) has been convicted of any of the following offenses: fraud. bribery. collusion, conspiracy. bid-rigging. price- fixing, or any other act in violation of any state or federal antitrust or public corruption law in connection rvith the bidding upon. arvard of. or performance of. any public works contract rvith any public entity. (PCC $10285.1.)
TRUE? X
-3 -1
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCt't{E)rTS PROPOS.{L FOR p\r' }-O. 04 2{,ll
5.9 BIDDER'S STATE}IENT OF FI\AICL{L RESPONSIBILITY TECHNICAL ABILITY
AND EXPERIENCE
The Bidder is required to state what work of a similar character to that.included in the proposed contract the Bidder has successfully performed and give reference rvhich will enable the City Council to judge his responsibility, experience skill, and business standing.
The Bidder shall have at least three years of experience as a licensed Contractor and shall submit with the bid a list offive similar installations in the Bay Area installed during the three-year period.
The Bidder shall submit rvith the bid proposal a statement of the rvork of a similar size and character to that included in the proposed contract which the Bidder has successfully performed.
Agency for Whom
Work Was Done
Contact Name w
Phone #
Proj ect Completion
Date
Contract
Price
CITY OF
VIAINUT CREEK 10 / 2024 $2,000, t
City of
Monterey llax Riser
x83L - 242- 87 LB Citywide Street
Rehab. Phase 5
4/202a ss,100,0
City of Gilroy Julie Oates
x6 6 9- 600- 10 6(
FY24 CITWIDE PAVEMENT
REITABIIIATION PROJECT
6/2024 $4,750,0
CITY OE
WATSONVI].].8
PATRICE TITERII
Y.83L-22't-4230
)T
E REEDOM BLVD
RECSONTRUCTION
L0 / 2023 $3,100,0
City of
Mi 1pi tas
Mohit C.
x408-58 6- 327 0
2024 Street
Re surfacing
Pro j ect 9/2024 $3,2s0 ,0
00.00 0 .00
0 .00
0.00 0.00
'-'-)
SIGNED:
b>>-1 ! I,t u:
-31
Michael
HAW:TTtORNE
LOCUST STREET
REHABILIATION
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
BID DOCTIIENTS
5-IO BIDDER'S BOI{D
PROPOSAL FOR PW \O.04-24-13
We: McKim Corporation AS Principal. and
Great lt/lidwest I nsurance oanv as Surety. are bound to the City of Alameda in the penal sum of ten percent (10%l of the total amount of the bid of the Principat. for the payment in United States dollars, to be made to the City of Alameda. We bind ourselves. our heirs, executors. administrators and successors. jointly and severally. by this Bidder's Bond. In no case shall the liability of the surety under this bond exceed 510%of theTotalAmountBid. Bid: This bond is based on the fact that the Principal has submitted a bid to the City of Alameda for certain construction specifically described as G;and Street Safely lmprovements and
Pavement Rehatilitation
The bids are to be opened at City Hall West, Alameda. California on January 09 ,2025 NOW, THEREFORE.
a) If the bid is rejected or awarded to another bidder, then this obligation is void. b) If the Principal is awarded the contract and, within the time nad qranner required under the Contract Documents enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City. one to guarantee faithful performance. and the other to guarantee payment for labor and materials as required by law. then this obligation shall be void; otherwise, it remains in effect. c) The Surety agrees that its obligations and those of the bond shall not be impaired or affected by any extension of the time within which the City of Alameda may accept the bid; and the Surety here waives notice of any such extension.
d) If the City brings suit on this bond, the surety shall pay reasonable attorney's fees and costs incurred by the City, in addition to the bond amount.
Signatures. We have executed this Bidder's Bond (and seals) on January 07 .2025 . on (SEAL) Great Midwest lnsurance Company
(SEAL) (SEAL)
8505€hurch Street, Unit 1, Gilroy, CA 95020
PRTNCIPAI- ABDRESS
800 Gessner Suite 600, Houston, TX77024
SLRETY ADDRESS
]rlOTE: Signarures of those executing for the surety must be properly acknowledged. -15
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
ACKNOWLEDGMENT
State of California
County of Butte
On January 7,2025 before me, Sara Walliser, Notarv Public (insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei+ authorized capacity(ie+L and that by his/her/thei+ signature(s) on the instrument the person(st or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal SARAWALTISER
coMM. r 2449544
i()TARY PUBt-tC . CAt-tFoRitA
OOUNTY OF BUTTE
Comm. Elpkls &rL O.2OZz
Signatu (Seal)
ao(,)
A notary public or other officer completing
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
val of that document.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
POWER OF ATTORNEY
Great Midwest Insurarrce Comparry
KNOWALL MEN BY THESE PRESENTS, that GREAT MIDWEST IiISURANCE COMPANY, a Texas Corporation, with its principat office in Houston, TX, does hereby constitute and appoint:
Bill Rapp, Deanna Quintero, Elizabeth Collodi, Jason March, Jennifer Lakmann, John Hopkins, John Weber, Matthew Foster, Mindy Whitehouse, PhilWatkins, Renee Ramsey, Samantha Watkins, Sara Walliser, Tony Clark, Brad Espinosa, Paula Senna, Pam Sey, Breanna Boatright, Kalhleen Le, Sharon Smith, Cassandra Medina
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or othe writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Direclors of GREAT ltllOWEST INSURANCE COMPANY, on the 1s' day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company other person or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or writings obligatory in nature of a bond not to exceed Twenty-Five Million dollars ($25,000,000.00), whach the Company might execute through its duly elecled officers and affixthe seal ofthe Company thereto Any said execution ofsuch documents by an Attorney-ln-Fact shall beasbinding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attomey-ln-Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valad and binding on the Company.
lN WTNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and ats Corporate Seal lo be affixed this 11th day of February, 2021. riS GREAT MIDWEST INSURANCE COMPANY
BY u,,D o.Ur.d.-,
Mark W. Haushill
President
coBP
ACKNOWLEDGEMENT
On th is 1 1th day of February, 2021 , before me, personally came irark W Haushill to me known, who being duly sworn, did depose and say that he is the President ofGREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; at he executed said instrument on behalf of the corporation by authority of his offlce under the By]aws of said corporation BY
Christina Bishop
Notary Public
CERTIFICATE
l, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY that e original Power ofAttomey of which lhe foregoing is a true and correct copy, is in full forc€ and effuct and has not been revoked and the resolutions as set forth are now in force
Signed and Sealed at Houston, Tx thrs.lll-- oay ot January 20'" F BY
Leslie K. Sha
Secretary
un
,.WAR ING: Any porson who knowingly afd yriah intenl to dgflalrd any insuranco company o. othor peEon, filos and application for insuranca ol claim containing any materially false information, o, conceals for the purpose of misleading, intormalion concerning any fact mate al thereto, commits a fraudul€nl lnsuEnce act, which is a crime and subiects such pe6on to criminal and civil penalties.
COFPORAIE SEIL
ffi3
CHRISTINA BISHOP
Not.ry Public. Stot. ol T.xaa
Comm. Expl .! 04-1&2026
Notsry l0 131090a88
@SPORATE SEAL
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCfTTENTS PROPOSAL FOR PW NO.04.24-I3
5-11 BIDDER'S REQTIEST FOR MATERIAL SUBSTTTIITION
The Bidder has 15 calendar days after award of the contract for submission of data substantiating a request for a substitution of "an equal" item(s). (See Bid Documents. Section 3--5.) A request for a substitution of material must be identified on this sheet and submitted as part of the Bid Proposal. Ifno material substation requests, leave the table blank. sign the form and submit rvith bid.
The Bidder here submits a list of substitute material for consideration as "an equal".
Trade Name/Model or Catalog Number
as Specified in Special Provisious
Substitute Trade Name,Model
or Catalog Number
N/A
tl
I -r-.--\. \-__---
<_-----/ 4LSigned:
.t6
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT]I{ENTS PROPOS.{L FOR PW \O. 04-2{-l-1
5-r2 GtrAR{:\iTEf
CITY OF ALA}IEDA
A. The Bidder guarantees the construction and installation all of the Work included in this Project.
B. If within 12 months after the City accepts the Work under the Contract:
(a) any ofthe materials or equipment prove defective; or (b) the Work as a whole proves defective due to faulty workmanship. material fumished or methods of installation; or
(c) the Work or any part of it fails to operate properly as originally intended and in accordance with the Contract Documents:
the Bidder/Contractor agrees to the following:
I. to reimburse the City, upon demand, for its expenses incurred in restoring the Work to the condition contemplated in the Project, including the cost ofany equipment or materials replaced and the cost of removing and replacing any other Work necessary to make the replacement or repairs: or
2. upon demand by the City, to replace any such material and to repair the Work completely without cost to the City so that the Work will function successfully as originally contemplated.
C. The City has the unqualified option to make any needed replacements or repairs itself or to have those replacements or repairs done by the Bidder/Contractor. If the City chooses to have the Work performed by the Bidder/Contractor. the Bidder/Contractor agrees that the Bidder/Contractor will make the repaks and fumish the materials as are necessary, within a reasonable time after City's demand. If Bidder/Contractor fails or refuses to comply with the Bidder,'Contractor's obligations under this guaranty. the City is entitled to all costs and expenses. including attomeys' fees, reasonably incured by reason of that failure or refusal.
MCKIM CORPORATION JAliluARY gt-}], 2025
Bidder'Contractor Date
br
-^4i,
,aL w'2,-'
-17
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCI.}IEI{TS PROPOSAL FOR PW NO. O4-24-I3
5.13 AGREENIENT TO BE BOI.TND TO PROJECT STABILIATION AGREENIENT
PROJECT STABILIZATION AGREEMENT FOR THE CITY OF
ALAMEDA AGREEMENT TO BE BOI,INI)
The undersigned party 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 tenns.
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. speciffing the detailed basis upon rvhich 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 agtrees 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: L/9/25 Grand Street Safety Improvements
Project: and Pavement Rehabilitation
-
o
MCKIM CORPORATION 8505 Church Street *1, ciI cA 95020
Nram@ S SS
97 6269 x408-848-8700
Code Phone
santinoGmckimcorp . com
ax
x1000005844
DI
l/:
E-
_38
437L4L
b
sAt{TrNo oRozco, PRESTDENT
Aut
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT]ITENTS PROPOSAL FOR PW NO. 04 24.13
5.14 EXHIBIT 15-G CONSTRTICTION CONTRACT DBE COM}IIT}IE:'[T Submit within five (5) calendar days from cost proposal due date or bid opening 'l LocalAgency Crty of Alameda 2 Cont.act DBE Goal. 19ry0 Complete streets Class lV brkeway, curb extensrons, flashing beacons, ADA ramps, resurfacing, reslnpng
3. Proisct Descnption
4 Prqoct Localrcn:
Grand Street between Shore Lrne Drive and Otrs Dnve
5 Bdde/s Name MCKIM CORPOR.A,TION
I TotalDollar Amount for AUt Subcontractors 2qs q1 00 I Total Number of AL! Subconkactors 6 Subcontractor 14 DBE
Dolhr
Arnount
TOTAT BI
$7 ,2s0 . 0,
r lr2rl,Hl.r
100 %
IMPORTANT ldentrty all DBE firms being clamed for credit, regardless of tie. Narnes ol ths Farst Taer DBE Subconradors and their resDective atem(s) of work lasted above must be consistent, where applrcable wih the narnes and ems of the work an the "Su kactor Lrst" submr(ed wrth your bid Wnnen confirmatjon ot each requrred -----r
L/9/25
16 P.epare/s Sag 17 Date
x408-848-8700santino Otozco
L:-)
18 Prepa.e/s Name
PRES IDETN
19 Phone
20 Prepare/s Tfle
OISTRIBUTION. 1. Original - Local Agency
2. Copy - Caltrans Oistrict Local Assistance ErEineer (DLAE) Failure to subm( to DIAE within 30 days of contracl ex€cuton rnay rgsult in dg-obligation of fedgral funds on contracl '10 Bid
Item
Number
1'1. Oescripton of Work, SeMce, or Materials
Supplied
12 DBE
C.ertficatron
Number
13 OBE Contact lnformatpn
(Must be certfied on lhe date bids are opened)
va!ious MCKIM CORPORATION
8505 Church St, Gilroy, CA
tully group,
1550 N. Lineoln, Dixon, CA
#s WPCP
}TPCP REPORT ING
38300
Loc.l Agcncy to Complcts thl! S.cdon upon Exr€udofl ot Awlrd
15. TOTAL CLAIMED DBE PARTICIPATION
Loc€l Ag€nca cartifies that all DBE certfications are valid and informatpn on this form is complete aM accuratg.
26. LocalAgoncy Ropresentative's Signature 27 Dalo
28 Local AOenry RepresentalNe's Narne 29 Phone
30. Local Agency RepresentatNe's Title
21 LocalAg€ncy Cont act Number
22. FederafAid Prciect Numbor
23. Bad OpanirE Date:
24. Contrad Award Date
-r9
6 Pnme certifi€d DBE. X 7 B'd Amount:$l+2c1+-!$l-.: 99-- Demolition, Concrete,
Grading, Paving, TC 50630
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCT]IIENTS
3 lnclude addflronal copy w{h award package
PROPOSAL l.OR PW NO. 0{-2{-l-1
5-15 EXHIBIT 15-H: PROPOSERvCONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date !/9/2025 PE/CE
coNFederal-aid Project No(s) STPL 5014 (048) Bid Opening Datet/9/2025 The CITY OF AIA!{EDA established a Disadvantaged Business EnterPrise (DBE) goal of 19olo for this contract. The information provided herein shows the reguired good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit th6 following information to document th6ir good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer's or bidder's eliqibility for award of th6 contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.9., a DBE firm was not certified at bid opening, or the bidder made a methematical error.
The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, 6 pleaso attach additional shoets as ne€ded:
A The names and dates of 6ach publication in which a request for DBE participation for this pro.lect was placed by the bidder (please attach copies of advertis€ments or prools of publication):
Publications
BUILDERS EXCHNAGE OF SANTA CI,ARA L2/30/2024
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBES were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBES Solicited Date of lnitial Solicitation Follow Up Methods and Dates Dates of Advertisement
t0
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 BID DOCI.}IENTS PROPOSAL FOR PW NO. O4-24-T3
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. lt is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of
Work
Proposer or Bidder
Normally Performs ltem
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
of
Contract
TRUCKING VARIOUS VARIES 0.00%
0.00o/o
0.00%
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the biddeds rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E Efforts (e.9. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
4l
YES
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Proposal for Pll \O. 0.t-2.1'l-1
F. Efforts (e.9. in advertisements and solicitations) made to assist interested DBES in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the pramB contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (pleas6 attach copies of requests to ag€ncias and any responses received, i.6., lists, lnternet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results l-L Any additional data to support a demonstration of good faith efforts:
.tl
Bidder. MCKIM CORPORATION
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
1/29/2025
InterWest Insurance Services, LLC
P.O. Box 255188
Sacramento CA 95865-5188
Katie Snell
9166098374
9166098374
[email protected]
License#: 0B01094
Travelers Property Casualty Company of America
25674
MCKICOR-01
Insurance Co. of the West
27847
McKim Corporation
8505 Church Street, Unit 1
Gilroy CA 95020
Westchester Surplus Lines Ins
10172
236869195
A
X
1,000,000
X
300,000
5,000
10,000,000
2,000,000
X
Y
Y
CO-Y498129
1/23/2025
1/23/2026
2,000,000
A
1,000,000
X
X
X
Y
Y
BA6X189571
1/23/2025
1/23/2026
A
X
X
4,000,000
CUP6X190103
1/23/2025
1/23/2026
B
X
N
Y
WSA505422204
3/10/2024
3/10/2025
1,000,000
1,000,000
1,000,000
C
Pollution
G74382678002
6/26/2024
6/26/2025
Limit/ Agg Limit
Deductible
2M/2M
$5,000
City of Alameda, its City Council, boards, commissions, officials, employees, agents are additional insured RE: Grant St Phase 1 Project
City of Alameda
Public Works Department
950 West Mall Square Room 110
Alameda CA 94501
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 2/3/2025
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
COMM E RCI AL AUTO
T HIS E NDORS E ME NT CH ANGES T HE P OLIC Y. PL E A S E RE AD I T C AREFULLY.
BL ANKET ADDITION AL INSURED – PRIM A RY AN D
NON-CONTRIBUTO RY WI TH O THE R INSURAN CE –
CONTR ACTORS
Thi s e nd ors eme nt m od i fie s i ns uranc e prov ided und er the f ol lo wing :
BUS INE SS A UTO COV ERAGE F O R M
P RO VISION S 2. The fol lo wing i s ad ded to P aragraph B .5. , O the r In su rance o f SE CTION IV – BU SI N ES S A UT O1. The fol lowing is a dded t o P a rag r ap h c. in A.1. , COND I T ION S:Wh o Is A n Insured, o f SE CTION Il – COVERED A U T OS LIA B I LIT Y CO VE R AGE: R e gardle ss o f the pr ov i s ions o f pa r ag r aph a. and pa r ag r aph d. of this par t 5. O ther Insurance, thi sThi s i ncludes any p e rs on or organization w h o yo u i nsur an c e i s prim a r y to and n on-contri butor y w it hare r equi red un der a writ ten c o ntra ct o r appl i cab le oth e r in s uranc e un der which anag r ee ment, t h at is s igned b y y ou b e fo re t he addi tional insur ed p ers on o r organ iza tion is a"bodi ly inju ry " or "property d am age " o ccurs and name d i ns ur ed w hen a writ ten c o ntra ct o rthat i s i n e f fe ct during the p oli c y period, t o n am e ag r ee ment w ith you, th a t i s s igned b y you be f orea s an ad dit ional i ns ured f o r C ov ered A uto s the " b odily inj ury " or "property dama ge" o cc ursLia bil ity C o v e rag e, bu t only fo r d am ages t o w hi ch and th at i s in e ffe ct duri ng t he p oli c y p erio d,th i s ins ur an c e applie s and only t o the ex tent o f r e qui re s thi s ins ur an c e to b e prim ary an d non-that p ers on 's or o rg aniza tio n's l iabi li ty f o r th e cont ributory .conduct o f anothe r " in su r ed".
CA T4 99 02 16 ú 20 16 The T ra v e le rs In d e m n it y C o mp a ny. All righ ts res e rv e d . Pa ge 1 of 1 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , I nc. w i t h its pe rm is sio n .
Policy Number: BA6X189571
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Do not add this form to a policy. It is for informational purposes only.
COMMERCIAL AUTO
THIS ENDORSE MENT CHANGES THE POLICY. PLE A SE RE A D IT CAR EFULLY.
BUSINESS A UTO EXTENSIO N ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expense s described in any of the provisions of this endorsement may be excluded or limited by another endor sement to the Coverage Part, and the se coverage broadening provisions do not appl y to the extent that coverage is excluded or limited by such an endor sement. The following listing is a general cover- age de scription only. Limitations an d exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF
USE – INCREASED LIMIT
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
PHYSICAL DAMAGE – TRANSPORTATIONI.
EXPENSES – INCREASED LIMITC. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED PERSONAL PROPERTYJ.
SUPPLEMENTARY PAYMENTS – INCREASEDE.
LIMITS
K. AIRB AGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSSF. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
C. EMPLOYEE HIRED AUTOAny organization you newly acquire or form dur- ing the policy period over which you maintain
50% or more o wner ship interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
1. The following is add ed to Paragrap h A.1.,
Who Is An Insured, of SECTION II – COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "in sured" 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 busi-
nes s.B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II – COVERED
AUTOS LIABILITY COVERAGE:
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV – BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
Any person or organization who is required under
a written contract or agreement between you a nd
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to w hich
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 1 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .
Policy Number: BA6X189571
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Do not add this form to a policy. It is for informational purposes only.
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
nes s.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and po s se ssion s
of the United States of America, Puerto
Rico and Canada:How ever, any "auto" that is leased, hired, rented or borrowed with a driver is not a
covered "auto". (i) You must arrange to defend the "in- sured" again st, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings an d ac-
tions.
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
Any "employee" of yours is an "insured" w hile us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
1. The following replaces Paragr aph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE: (iv) We will reimburse the "insured" for
sums that the "ins ured" legally must
pay as damages becau se of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our con sent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required becaus e of an "accident"
we cover. We do not have to furnish
these bond s.
2. The following replaces Paragr aph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:
(v) We will reimburse the "insured" for
the reaso nable expense s incurred
with our con sent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends whe n we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(4) All reasonable expense s incurred by the
"insured" at our requ est, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of busines s with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or les s
and that is not an "auto" you lease, hire, rent
or borro w from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(b) This insurance is exces s over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a sub stitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and pos se s sions, Puerto Rico and
Canada.
Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Do not add this form to a policy. It is for informational purposes only.
COMMERCIAL AUTO
(2) In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance re quirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRB AGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III – PHYSICAL DAM AGE
COVERAGE:
Exclusion 3.a. does not ap ply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and pos se s sions, Puerto Rico and Can-
ada. We assume no respo nsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; andG. WAIVER OF DEDUCTIBLE – GLASS
c. The airbags were not intentionally inflated.The following is added to Paragraph D., Deducti- ble, of SECTION III – PHYSICAL DAM AGE
COVERAGE:
We will pay up to a maximum of $1,000 for any
one "loss".
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF USE – INCREASED LIMIT Your duty to give us or our authorized repre senta- tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is kno wn
to:
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III – PHYSICAL DAMAGE COVERAGE:
(a) You (if you are an individual);How ever, the most we will pay for any expense s for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT (d) An executive officer, director or insurance manager (if you are a corporation or other or-
ganization); or
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III – PHYSICAL DAMAGE COVER-
AGE:
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:J. PERSONAL PROPERTY
5. Transfer Of Rights Of Recovery Against
Others To Us
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III – PHYSICAL
DAM AGE COVERAGE: We waive any right of recovery we may have against any per son or org anization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 3 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Do not add this form to a policy. It is for informational purposes only.
COMMERCIAL AUTO
such co ntract. The waiver applies only to the
person or organization designated in such
contract.
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non-renewal.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV – BUSINESS AUTO CONDITIONS:
Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
PROVISIONS
The following is added to SECTION II - WHO IS AN
INSURED:
Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only:
a. With respect to liability for "bodily injury" or
"property damage" that occurs, or for "personal
injury" caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. If, and only to the extent that, such injury or
damage is caused by acts or omissions of you or
your subcontractor in the performance of "your
work" to which the written contract or agreement
applies. Such person or organization does not
qualify as an additional insured with respect to
the independent acts or omissions of such
person or organization.
The insurance provided to such additional insured is
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or
agreement, the insurance provided to the
additional insured will be limited to such
minimum required limits. For the purposes of
determining whether this limitation applies, the
minimum limits required by the written contract or
agreement will be considered to include the
minimum limits of any Umbrella or Excess
liability coverage required for the additional
insured by that written contract or agreement.
This provision will not increase the limits of
insurance described in Section III - Limits Of
Insurance.
b. The insurance provided to such additional
insured does not apply to:
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional
architectural, engineering or surveying
services, including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders or change orders, or the
preparing, approving, or failing to
prepare or approve, drawings and
specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury" or "property damage"
caused by "your work" and included in the
"products-completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during
the policy period.
c. The additional insured must comply with the
following duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the extent possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
(2) If a claim is made or "suit" is brought against
the additional insured:
CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Policy Number: CO-Y498129 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a Named
Insured under this policy. The words "we", "us" and
"our" refer to the company providing this insurance.
The word "insured" means any person or organization
qualifying as such under Section II - Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I-COVERAGES
COVERAGE A-BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Paragraph
1. of Section II - Who Is An Insured or any
"employee" authorized by you to give or receive
notice of an "occurrence" or claim, includes any
continuation, change or resumption of that
"bodily injury" or "property damage" after the
end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II - Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy Number: CO-Y498129 COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 A. Who Is An Insured -Unnamed Subsidiaries
B. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Operations
PROVISIONS
A. WHO IS AN INSURED - UNNAMED
SUBSIDIARIES
The following is added to SECTION II - WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the
Declarations is a Named Insured if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy period;
and
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily injury"
or "property damage" that occurred, or "personal
and advertising injury" caused by an offense
committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II -Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
C. Incidental Medical Malpractice
D. Blanket Waiver Of Subrogation
E. Contractual Liability -Railroads
F. Damage To Premises Rented To You
a. An organization other than a partnership, joint
venture or limited liability company; or
b. A trust;
as indicated in its name or the documents that
govern its structure.
B. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES - PERMITS OR
AUTHORIZATIONS RELATING TO OPERATIONS
The following is added to SECTION II - WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" arising out of such operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out of
operations performed for the governmental
entity; or
b. Any "bodily injury" or "property damage"
included in the "products-completed
operations hazard".
CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Policy Number: CO-Y498129 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 IM441-1056 (06 -08) Page 1 of 2
NEW
Policy Number
Coverage is provided in the: HANOVER INSURANCE COMPANY 440 LINCOLN STREET
WORCESTER, MASSACHUSETTS 01653
POLICY NUMBER POLICY PERIOD AGENCY
CODE
FROM TO
IHF J955087 00
03/01/2025
03/01/2026
AT 12:01 AM STANDARD TIME AT YOUR
MAILING ADDRESS SHOWN ON THE
COMMON DECLARATION.
5701040
NAMED INSURED AND MAILING ADDRESS AGENT
(Street, Town or City, County, State, Zip Code)
MCKIM CORPORATION
8505 CHURCH ST
UNIT 1
GILROY, CA 95020
INTERWEST INSURANCE
SERVICES LLC
1357 E LASSEN AVE
CHICO, CA 95973
DESCRIPTION OF BUSINESS
Individual Corporation Partnership Joint Venture Other:
Business Description: BUILDERS RISK
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED.
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
Commercial Property Coverage Part ................................ . Commercial Crime Coverage Part ................................ .... Commercial Inland Marine Coverage Part ......................... $1,463.00 Boiler and Machinery Coverage Part ................................ . Ocean Marine ................................ ................................ .
Terrorism ................................ ................................ ........
PREMIUM PAYMENT PLAN:
The total premium of $1,463.00 is due at inception Direct Bill The total premium includes a deposit premium subject to adjustment See list of Form (s) and Endorsement(s) applicable to all Coverage Part(s) and made a part of this policy at time of issue .
Countersigned:
By
Authorized Representative
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PARTS COVERAGE
FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
Includes copyrighted material of Insurance Services Office, Inc., w ith permission, Copyright, Insurance Services Office, Inc., 1983, 1984
COMMERCIAL LINES POLICY
COMMON DECLARATIONS
COMMERCIAL MARINE
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 2/3/2025
IM441-1056 (06 -08) Page 2 of 2
IHF J955087 00
FORMS AND ENDORSEMENTS APPLICABLE TO ALL COVERAGE PARTS AND MADE A PART
OF THIS POLICY AT TIME OF ISSUE
Form Number Edition
Date
Form Name
Common Forms applicable to All Coverages
IM 201 05-08 Commercial Marine - Reporting Claims
IM441-1644 05-22 Builders Risk Notice To Policyholder
IM441 1454 10-15 Additional Insured
IM441-1045 01-12 Minimum Earned Premium
IM441-1635 01-20 Additional Property Not Covered Endorsement - Construction Type 401-1374 12-20 Disclosure Pursuant To Terrorism Risk Insurance Act CL 06 20 01-15 Certified Act Of Terrorism Exclusion (With Limited Exception) CM 00 01 09-04 Commercial Inland Marine Conditions
IL N 018 01-22 California Fraud Statement
IL 00 17 11-98 Common Policy Conditions
IL 01 02 02-20 California Changes - Actual Cash Value
IL 01 04 07-20 California Changes
IL 02 70 07-20 California Changes - Cancellation and Nonrenewal IL 09 35 07-02 Exclusion of Certain Computer -Related Losses IM441-1636 03-24 Additional Property Not Covered Endorsement - Project Type 231-0862 07-23 The Hanover Insurance Group Consumer Privacy Notice 401-1337 02-16 Trade Or Economic Sanctions Endorsement
401-1377 06-20 Company Address Listing
SIG 11 00 11-17 Signature Page
Builders Risk Forms
IM441-1359 08-16 Builders' Risk Schedule of Coverages
IM441-1352 01-20 Builders' Risk Coverage Form
IM441-1381 06-13 Exclusion Of Loss Due To Virus Or Bacteria
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310
IM441 1454 10 15
IM441 1454 10 15 IHF J955087 00
-- PLEASE READ THIS CAREFULLY --
ADDITIONAL INSURED
(The entries required to complete this schedule
will be shown below or on the "schedule of coverages".)
Jobsite Name and Address of Additional Insured for this jobsite:
Jobsite 001 - GRAND STREET
ALAMEDA, CA 94501
CITY OF ALAMEDA, DPW
950 WEST MALL SQUARE
RM 110
ALAMEDA, CA 94501
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 IM441-1359 08 16
BUILDERS’ RISK SCHEDULE OF COVERAGES
Description of Covered Property:
The following “Building(s) or S tructure(s)” under course of construction are covered:
STREET/ROAD WORK, NEW SIDEWALK, AND CONCRETE RAMPS UNDER CONSTRUCTION ALONG GRAND STREET, ALAMEDA CA 94501. (NON -COMBUSTILBLE CONTRUCTION)
Limits of Insurance Limit
☐ If checked, see Multiple Locations Limits Schedule for applicable limits
Limit for any one “Building or Structure” $1,330,064
Limit for All “Buildings or Structures” at Any One Job Site $1,330,064 Covered Property in Transit $100,000
Covered Property in Temporary Storage or Off Site Fabrication $100,000 Trees, Plants, Lawns and Shrubs $25,000
Premium:
Annual Premium $1,463
Term Premium
Additional Coverages:
Business Personal Property $10,000
Construction Trailers and Contents at Job Site $50,000 Contract Penalty Coverage $25,000
Debris Removal – Additional L imits $50,000
Emergency Removal to Preserve Covered Property $10,000 Expediting Expense $100,000
Expenses to Re -Erect Undamaged Scaffolding, Fences and Signs Covered Fire Suppression Equipment Recharging $50,000
Fungus, Wet Rot, Dry R ot and Bacteria $100,000
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 IM441-1359 08 16
Insufficiency of Limit 10% of Limit of
Insurance /
$1,000,000 maximum
Key Coverage $2,500
Loss Adjustment Expense $5,000
Ordinance or Law Coverage :
Undamaged portio ns of the Building or Structure Included in Building or Structure Limit
Demolition Costs and Increased Cost of Construction $1,000,000
Police and Fire Department Service Charge $50,000
Pollutant Clean Up and Removal $25,000
Reward Payment $10,000
Sewer and Drain Back Up Limit $50,000
Valuable Papers and Records $50,000
Coverage Option -- Equipment Breakdown and Testing
Equipment Breakdown and Testing is not automatically provided. Coverage is only provided when we indicate that coverage is provided below.
☒ Equipment Breakdown and Testing is covered.
☒ Property Damage Limits $1,330,064
☐ Delay in Completion Coverage Limits NOT COVERED
☒ Equipment Breakdown and Testing Pollutants $50,000
Optional Coverages:
The following coverages are only applicable when we indicate that coverage is provided below.
☐ Delay in Completion Coverage:
Soft Costs limit NOT COVERED
Loss of Business Income limit NOT COVERED
Loss of Rental Income limit NOT COVERED
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310 IM441-1359 08 16
Deductibles:
Per Occurrence Deductible $2,500
Loss of Business Income / Loss of Rents Waiting Period # of Days ____________________________________________ $
_______________________________________ _____ $
____________________________________________ $
Other Terms & Conditions
PERMISSION TO OCCUPY:
When indicated below , Clause F.3.f of the Builder’s Risk Coverage Form is not applicable.
☒ Permission to Occupy is granted
IM441-1359 08 16
Docusign Envelope ID: F04A1A62-B3C5-49F1-A6FE-611DFB817310