Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT ("Agreement") is entered into this day of 2025, by and between the CITY OF ALAMEDA, a municipal corporation ("the City"), and SILVERADO CONTRACTORS, INC., a California corporation whose address is 2200 Powell Street, Suite 800, Emeryville, CA 94608, ("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. TheCityisinneedofthefollowingservices:DemolitionServicesforBuildingll6,located at 2501 Todd Street, Alameda CA 94501. City staff issued an IFB on February 14, 2025, after a submittal period of 26 days received four of timely submitted bids, and the bids were opened on March 11, 2025. Staffreviewed 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 ternns and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on E. The City and Contractor desire to enter into an agreement for Demolition Services for Building 116, 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 acla'iowledged, the parties agree as follows:
1. Contractor shall have 14 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
Silverado B 116 Demo 1 Version 3-5-25
Exhibit 4
1 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
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 maru'ier 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 maruier: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.
However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.
Payment shall be made for 95% of the value of the work 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 within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $255,600, with a ten (10) percent contingency in the amount of $25,560 for a total not to exceed of $281,160. 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 sribcontractor 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 contractor 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 contrachial, 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 limited 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 l 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 Silverado B 116 Demo 2 Version 3-5-25
2 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C agreed that Contractor will pay the City the sum of FPv'E H{JNDRED DOLLARS ($500) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amorint 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 srireties, 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 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 Califomia. 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 adequate 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 Silverado B116 Demo 3 Version 3-5-25
3 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express teims of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other puposes 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 services 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 indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City's policy and state and federal law that harassment and discrimination are unacceptable employer/employee condrict, neither Contractor nor Contractor's employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, inctuding but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment 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 peimitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harn'iless the City, its City Council, boards, cornrnissions, officials, employees, agents and volunteers ("Indemnitees") from and against any and all loss, damages, liability, obligations, claims, suits, judgi'nents, 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 pait of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from tlie negligence or the willful misconduct of the City.
Silverado B116 Demo 4 Version 3-5-25
4 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326C)18C Tlie 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 Indemriitees (as set forth above) is limited as provided in Califoniia Civil Code Section 2782.8.
Contractor's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early tertnination of this Agreement.
10. INSURANCE:
a. On or before the cori'unencement of the terms of this Agreement, Contractor shall furnisli 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 lO.b. (l) 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 perfortnance of this Agreement all appropriate coverage of insurance reqriired by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best's rating of no less than A:VII or Standard & Poor's Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements 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) :
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
Silverado B116 Demo 5 Version 3-5-25
5 Docusign Envelope l[): 61 ECDCA6-BA46-40AO-AFCB-2029F32601 8C (3) Automotive:
Comprehensive aritomobile liability coverage (any auto) in the following minimum limits:
Bodily injury:
Property Damage:
$1,000,000 each occurrence
$1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Instired 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 W AIVER:
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 affeet this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
Silverado B 116 Demo 6 Version 3-5-25
6 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional 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 tnie "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the 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. Contractor shall fumish 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 Silverado B116 Demo 7 Version 3-5-25
7 Docusign Envelope ID: 6alECDCA6-BA46-1040-AFCB-2029F326018C consent of the City Manager. Any attempt to do so without said consent shall be mill 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 cotenant, if Contractor is apartnership or jointventure or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of tliis 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 tliose 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 costs for the subcontractor's services. Approval of tl'ie 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.
Silverado B116 Demo 8 Version 3-5-25
8 Docusign Envelope ID: 61 18C
16. RECORDS:
Generally, the City has the right to conduct audits of Contractor's financial, performance and compliance records maintained in connection with Contractor's operations and services perfonned under the Agreement. In the event of such audit, Contactor agrees to provide the City with reasonable access to Contractor's employees and make all such financial (including aru'iual financial statements signed by an independent CPA), perfornnance and compliance records available to the City. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed.
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 rinder 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, 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 intei'nal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or aridit.
17. NOTICES:
All notices, demands, reqriests or approvals to be givenunder 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
Base Reuse and Economic Development Department
950 West Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: Annie Cox
Ph: (510) 306-5267
Email: [email protected]
Silverado B116 Demo 9 Version 3-5-25
9 Docusign Envelope ID: 61 18C
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Silverado Contractors, Inc.
2200 Powell Street, Suite 800
Emeryville, CA 94608
ATTENTION: Sean Holifield
Ph: (510) 292-9959
Email: sean@,silveradocontractors.com
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 regulationsthatmaybedetailedinotherpartsoftheAgreement. Whereanyoftheseareinconflict, 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.
Contractorwill irnrnediately notify the City's Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of 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) involved in the incident; (iii) name and address of Contractor's liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
Dui'ing 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 performed 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 with all applicable laws, state and federal and all ordinances, niles 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 from 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 Silverado B116 Demo 10 Version 3-5-25
10 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C (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. PREY AILING 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") wMch 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 business 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 PREY AILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 throrigh 24 of this Agreement, the terms "claim", "contractor", "priblic 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 instnictions 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. CodeRegs, Section 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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23. HOURS OF LABOR:
As provided in Article 3 (commencing at section 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 contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar 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) horirs 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 reqriired or pertnitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (l) calendar week, in violation of the provisions of Article 3 (cornrnencing at section 1810), Chapterl, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1 '/i) times the above specified rate ofper 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 l 777.5 and 1 777.6 in the employment of apprentices.
Section l 777.5 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: (l) 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 Silverado B116 Demo 12 Version 3-5-25
12 Docusign Envelope ID: 61ECDCA6-BA46-10AO-AFCB-2029F326Cll8C Apprenticeship, San Francisco, Califomia, 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.
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 sluriy 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 stormdrainspriortorainaswellasattheendoftheeachworkday. Atthecompletion 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 Courity of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of Silverado B116 Demo 13 Version 3-5-25
13 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C constniction, up-graded as required, maintained during constniction phases to provide adequate protection, and removed at the end of construction.
These recornrnendations 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 stoim water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code Section 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 excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Cnist 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.
Q Contractor shall rise the most cunent 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.
[2 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 preda,tors); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
Silverado B116 Demo 14 Version 3-5-25
14 Docusign Envelope ID: 61ECDCA6-BA46-IOAO-AFCB-2029F326018C 2 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.
2 Contractorshallavoidtheuseofthefollowingpesticidesthatthreatenwaterquality,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-cyflutmin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalotin, 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.
CI 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.
[2 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.
Ifthis Agreement pertains to the use of anti items listed above, Contractor will need to fill out and send in the Contractor Verification Form artd Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.
Silverado B116 Demo 15 Version 3-5-25
15 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
30. PURCHASES OF M[NED MATERIALS REQUIREMENT:
Contractor shall ensure that all prirchases of mined materials such as constnuction 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 tlie 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/ab3098 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 reqriirements of the most current version of the Califori'iia 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 of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is reqriired to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days' notice from the City.
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 Regulations. 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 faihire or alleged failure to comply 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 maru'ier 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 mayterminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
Silverado B116 Demo 16 Version 3-5-25
16 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
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 otherparty, beneficiary or assignee, to enforce, interpret or seekrelief 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 rindisputed. 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 processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the Silverado B116 Demo 17 Version 3-5-25
17 Docusign Envelope ID: 61 E 18C
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 fiirther obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced. 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 firom 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 parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.
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.
Silverado B116 Demo 18 Version 3-5-25
18 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
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.
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 tliis Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Silverado B116 Demo 19 Version 3-5-25
19 Docusign Envelope ID: 61 8C
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written.
SILVERADO CONTRACTORS, INC.
a California corporation
CITY OF AI,AMEDA
a municipal corporation
I 3bsq(,b (4tb(,=i
Joseph Capriola
President
Jeruufer Ott
City Manager
RECOMMENDED FOR APPROVAL
reigned b}:
Amber Martinez
Vice Presidei'it
(2ffipsig;w"(,bl,y'z,eLy(,qmmanm
Director, Base Reuse and Economic
Development Department
Contractor License No.
782547
APPROVED AS TO FORM:
City Attorney
DIR No.
1000006758
Assistant City Attorney
20 Docusign Envelope 10: 61 18C
EXHIBIT A
21 Docusign Envelope ID: 61 8C
BIDDER, Silvei'ado Contractors, lnc. Proliosal laor BRED No. 21)25-01 5 BID PROPOSAL TO THE CITY OF ALAMEDA
N ,IB OF BIDDER Silverado Contractors, InC.
BUSINESS ADDRF,SS 2200 Powell Street, Suite 800
CITY, 37,,11-E, z=B Ernen/ville, CA 94608
TELEPHONENO: AREACODE(510 ) 658-9960
Tlie Work for whicli this proposal is sutimitted is for construction in accordai'ice with the Contract Documents
Tl"ie Pnqject plans for the Work to be done were appro'ved and are entitled:
Alameda Point Building 116 Demolition l)roject BRED No, 2025-01
CTTY OF ALAMEDA
AL,!UvIEDA COUNTY, CALIFORNIA
Bids are to be submitted for the entire Work. The amount of tlie bid for comparison purposes will be the total of bid items, including revocable bid items.
Bid bond or check. Accompanymg t]iis proposal is
Bidders Bond , l'Insert: Casli $ , Cashier's Clieclc, Certified Clieck, or Bidder's Bond, as the case may be] in an amount equal to at least 10% of the total of the bid.
Execution within teri days. The Bidder agrees to execute the required contract(s), with necessary bonds, witliin ten calendar days of notification tliat tlie (jty has accepted the bid and the con-tract is ready for signature. If the Bidder fails to do so, tlie City may, at its option, deten'nine tliat the Bidder has abandoned tlie contract. The penalty for de[arilt is forfeiture to tlie City of Alameda of the proceeds of tlie proposal guarantee accompanyii'ig this bid.
Addenda. This proposal is submitted to inclucle the clianges to tl'ie Contract Documents as Addendum numbers 1, 2 . jFill in if addenda have been issued.J lf addenda issued, print, sign and date each addenda and include with tliis bid proposal.
Wanting. If tlie City has issued an addendum or addenda, tlie City n'iay reject this Proposal if all addenda are not noted above as being received by the Bidder.
License. The Bidder is licensed in accordance witli the State of Califoriiia Contractor's License Law.
License No. 782547
Clas's A, B, C-21, C-22, ASB, HAZ
13 22
Docusign Envelope ID: 61EC[)CA6-BA46-40AO-AFCB-2029F326018C BIDDER, Silverado Contractors, Inc.
Exliiration Date 8-31-2026
l'roposal for BRED No. 2025-01
Bidder's status. lf an indisiidual, so state. If a firm co partnersl'iili, state tlie f-irm name and give tbe naiues of all individuals or copartners composing the firm. If a corporation, state legal names of corporation and also names of President, Secretary, Treasurer and Manager. aIiie names of all persons interested in tlie Bid Proposal as principals are as follows:
[ Note: If Bidder or otlier interested person is a corlioration, slate legal name of tlie corporation, also names of the president, secretary, treasurer, and manager; if a co-1iartnersliip, state name of firm, also names of all individual co-partners composing firm; if Bidder or otkier interested person is an individrial, state first aiid last names in full. Use additional pages if necessary.l Corporatiori - Silverado Contractors, Inc. / President - Joseph M. Capriola/Secretaiy - Amber Martiryez Treasurer - Alex Do/Manager - Peter W. Knuth
Documents included in Bid Proposal and Schedule. The following are attached and included in tlie Bid Proposal and Schedule:
E[5
N 5-1
N 5-2
N 5-4
El 5-5
N. 5-6
N 5-7
N 5-9
N6
Bid Proposal
Bid Schedule
Proposed Subcontractor Form
Non-collusion Declaration
Questionnaire to General Contractors
Bidder's Statement or Finarycial Respoi'isibility, Technical Ability and Experience Bidder's Bond
Guaranty
Construction Agreement Statement
Signature. Under penalty of perjury, I declare that to the best of my knowledge and belief: the representations made in these Bid Documents are true, correct and complete.
SIGNATURE OF BIDDER 7
Print or Type Name, Address a-nd Telephone Number: Rick Gusman 2200 Powell Street, Suite 800, Emeryville, CA 94608 610458aO
DATED: March t1th , 2025
14 23
Docusign Envelope ID: 61 8C
BIDDER, Silverado Contractors, Inc. Proposal for BRED No. 2025-01 5-1 BID SCHEDULE FOR ALAMEDA POINT BUiLDING 116 DEMOLITION TO: CITY COUNCIL, CITY OF ALAMEDA, CALII:ORI%JIA
The undersigned Bidder declares tliat Bidder has carefu]ly examined the Project Manual, and is satisfied as to tl'ie field conditions tlie Bidder will encounter. Tlie Bidder proposes to furnish all materials, labor and equipment and to € 10 all Work required to coiriplete tlie Work in accordance with tlie Project Manual, for the prices set forth in the following scliedule (including all applicable taxes):
Bid
Item Descrilition
Unit of
Measure
Quaxitity
Unit
Price
Total
Price
l Total Project Costs LS 1 $255,600.00 $255,600.00
TOTAL - BASE BID -LS 1
Entire Worlc. Bids are requirecl for the entire Work, including tlie alternative bid items if any. The amormt or the bid for the purlioses of the award will be the total of the amount of all the base bid items. Tlie City will determine which additional alternate(s), if any, will be awarded. All items are based on an "in place" condition.
Item price and total. The Bidder shall set forth for each rinit basis itein of Work an item price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in tlie respective spaces provided for this purpose. In the case of unit basis items, the amount set fortli under the "total" colun'in sliaU be the extension of tl'ie item price bid on the basis of tlie estimated quantity for tlie item.
Discrepancies. In the case of discrepancy between tlie item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry intlie "total" ccilumn,thenthe amount set fortli inthe "total" column forthe item shall prevail aixl shall be divided by the estii'nated quantity for the item and tlie price thus obtained shall be the item price.
R I ( 0.
15 24
Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C BIDDER, StlVerado Contractors, inc. Proposal for BRED No. 2025-01 5-2 PROPOSED SUBCONTRACTOR FORM
A subcontractor is any entity, not a direct employee of the lirime Contractor, whicli performs any work on the Project in excess of one half of one percent (.5%) of tlie prime Contractor's total liid. Tlie Bidder is required to state the name, location of the place of lyusiness, and tlie California contractor license number per California PCC section 4104, of each subcontractor and tlie woit which each subcontractor will perform. The Bidder liereby submits a list of subcontractors wliom the Bidder proposes to emplo)i on the work with tlie proper firm nai'ne and business contact in[oirnation, work and value of each. If no sulicontractors, sign form uiith none listed and include form with Bid Proposal.
SUBCONTRACTOR'S
NAME
CA LJCENSE NO. BUSINESS ADDRESS DESCRIPT{ON OF
WORI(/CONTRACI' BID ITEM
DIR NO.
EcoBay Services, Inc. 912328 150") Minnesota Street San Francisco, CA 94107
Abatement 1000004622
(ThiSfOl'nl may be dllpliCated ifneCesSaT':V to li.1l n(!ditin.l(kl SllbCOntraCtOrS) f:) (2 k (' ,fi, 11 (-
16 25
Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C B;,I,I,,,. Silverado Conkactors, 1nc
5-4 NON-COLLUSION DECLARATION
Title 23 United States Code section 112, and
PCC section 7106
The undersigned declares:
PROPOSAL FOR BRED N0. 2025-01
I(an'i 1%,,3Vice President of Silverado Contractors, !nc. , IHel)al.y m(11,,ng the foregoing bid.
Tl'ie bid is not inade in the interest of, or on be}ialf of, any undisclosed person, partnersliip, company, association, organization, or corporation. The bid is genuine and not collusive or sliam.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed witli any bidder or anyone else to pcit in a sham bid, or to refrain from bidding. The bidder l'ias 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 otlier bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
Tlie bidder has not, directly or indirectly, submitted this bid price or any breakdouin tliereof, or tlie contents thereof, or divulged 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 sl'iam bid, and lias not paid, and will not I:ias,r, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnersliip, joint venture, limited liabi]ity company, limited liability partnership, or any other entity, hereby represents that he or she has full powier to execute, and does execute, this declaration on behalf of the bidder.
Ideclare rmder penalty of perjury under the laws of tlie State of California tl'iat the foregoing is true and correct and that this declaration is executed on MarCh I Ittl , 2025, at Eme!'Vv!]le (city), California."
(Sir fture of representative of Bidder) f-'l"-l "' l(.. ("J!),-.,y7 (I) l", 18 26
Docusign Envelope ID: 61 8C
Biddel. Silverado Contractors, Inc. PROPOSAL FOR BRID N0. 2025-01 5-5 QUESTIONNAIRE TO GENERAL CONTRACTORS
1. Bid depository or registry se'iavices. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? 'r'ES [ ] NO [X]
If the answer to No. 1 is "yes," I:ilease foiaward a copy of the rules of eacli bid depositor)i you used wiith this questionnaire.
2. Other source of snbconlractors. Did >iou have any source of subcontractor bids otlier than bid depositories?
YES l)(] NO [ ]
3. Threats of boycott or other sanctions. Has any person or group threatened you witli 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? YES ( ) NO [X]
If tl'ie ai'iswer to No. 4 is "yes," please explain the following details:
a. Date:
b. Name of person or group:
c. Job involved (if applicable):
d. Naturc oFthreat:
e. Additional comments (use additional paper if necessary):
4. Disqrialification or removal. Have you, any officer of Bidder, or any emplo)iee who has a proprietary interest in Bidder ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government liroject because of a violation of law or a safety regulation? If so, explain the circumstances. (PCC §10162.) YF,S [ ] NO [X]
5. Federal court action. No more than one final, un-alipealable finding of contempt of court by a federal court has been issued against the Bidder within tl'ie immediately preceding hvo-year period because of the contractor's failure to comply with an order of a federal court wjliich orders the contractor to comply with an order of the National Labor Relations Board. (For I:iurposes of this section, a f-inding of contempt docs not include any finding which has been vacate<1, dismissed, or oLl"ierwise removed by the court because the contractor has complied with tlie order wihich was the basis for tl'ie finding.) (PC:C §10232.) TRUE? [ ] No [)q
6. No convictions. Neither the Bidder nor any proposed subcontractor (nor the partner, membe.r, ofTicer, director, responsible managing officer, or responsible inanaging employee 19 27
Docusign Envelope ID: 61 8C
niaaerStlverado Contractors, Inc PROPOSAL FOR BRED N0. 2025-01 of eitlier of tliem) lias been convicted of any of the following offenses witliin tl'ie prior three )tears: fraud, bribery, collusion, conspiracy, or any otlier act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract wiith any public entity. (PCC §10285. 1.) TRUE? [ ] No [)q
7. Non-discrimination program. Bidder has developed a non-discrimu'iation program, as required by Title 2 California Code of Regulations section 8104 (unless exempt under Section 8115). (2 Cal. Code Regs 8103.)
YES (X] NO [ ]
The Bidder and all subcontractors are registered with the Department of Industrial Relations pursuaiit to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (alca Division of Labor Staiidards Enforcement)
TRUEX
SIGNED:
Pleasereturnthisformwithyourbidproposal. ('ytCk C7L'-;"'r'7"atr) 20 28
Docusign Envelope ID: 61 E 8C
B,,l,l,%l.Silverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 5-6 BIDDER'S STATEMENT OF FINANCIAL IISPONSJBILITY TECHNICAL
ABILITY AND EXPERIENCE
Tlie Bidder is requircd to state wihat work of a si.iriilar character to tliat included in tlie proposed contract tlie Bidder has successfully performed and give reference whicii will enable tlie City Corincil to judge his responsiliility, experience slcill, and business standing.
The Bidder sliall hasie at least five years of experience as a licensed Contractor performing similar work and s)iall submit witli tlie bid a list of five similar installatio'ns in the Bay Area installed during tlie five-year period. Tlie Bidder sliall submit with tlte bid proposal a statement of the work of a sii'nilar size and cliaracter to tliat included in tlie proposed contract which the Bidcler has successfully periaormed.
Ageiicy for Whom
Worlc Was Done
Contact Name nr/
Phone #
Project Completion
Date
Contract
Price
City of Alameda Mike Owens
415-531-6435
Building 114 - Building 191
Demolition
2/28/25 $1,648,525
Calellus Development
Corporation
Damir Priskich
510-267-3434
Alameda Landing Public Work In progress $1 ,410,194
Catellus Development
Corporation
Damir Priskich
510-267-3434
Alameda Landing 11/12/20 $4,139,692
The Dutra Group Jason Tse
415-258-6876
Aarneda Marina Seawall
Improvements
11/30/21 $1,041,728
Manson Construction Conner Long
510-766-6262
Alameda Main Street Terminal
Refurbishment
li/7/23 $69,718
SIGNED:
Rick Gusman
21 29
Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C Bitltler Silverado Contractors, Inc.
5-7 BIDDER'S BOND
PROPOSAL FOR BRED N0. 2025-01
We: Silverado Contractors, Inc. aS Principal,
and LibertyMutuallnsuranceCompany as Surety, are
bound to tlie City of Alaineda in tlie penal stiin of ten percent (10%) of the total amount of the bid of tlie Principal, for tlie payn'ient in United States dollars, to be inade to tlie City of Alan'ieda. We bind ourselves, our heirs, executors, administrators and successors, jointly and severally, by tliis Bidder's Boiid. In no case sliall the liability of tlie surety under tl'iis boi'id exceed $Ten Percent (10%) ofthe Total " . Bid: Tliis bond is based on t]ie fact t)iat the Principal lias submitted a bid to tlie City of Alan'ieda for certaiii construction specifically described as Alameda Point Building 116 Demolition Proec5 BRED No. 2025-01 TliebidsaretobeopenedatCityHallWest,Alaineda,Californiaon f'!ir'r'j-i 11 ,20;!:5- 'Amoum Bid
NOW, Tl-IEREFORE,
a) If t)ie bid is rejected or awarded to anotl'ier bidder, tlien t)iis obligation is void. b) If tl'ie Principal is awarded tlie coi'itract and, within the time and manner required under tlie Contract Documents enters into a written contract in the prescribed form, in accordai'ice witli tlie bid, and files two bonds with tlie City, one to guarantee fail]iful perforinai'ice, and tlie otlier to guarantee payment for labor and materials as required by law, tlien tl'iis obligatioi'i shall be void; otl'ierwise, it remains in effect.
c) Tlie Surety agrees tliat its obligations and tliose of the bond shall not be impaired or affected by any extension of t)ie tii'ne within wliid'i the City of Alameda inay accept tlie bid; and the Surety here waives notice of any such extension.
d) If tlie City brings suit on t)iis bond, tlie surety sliall pay reasoi'iable attorney's fees and costs incurred by tlie City, in addition to the bond amount.
Signatures. We liave executed tliis Bidder's Bond (and seals) on Februaty 24 , 2025 Silverado Contractors, Inc. (SEAL)
4$' r;"')ai-pe';'!ehf(SEAL)
2200 Powell Street, Suite 800, Emeryville, CA 94608
PRINC{PAL ADDRESS
Mutual Insurance (SEAL)
(SEAL)
One Embatcadero Center, Suite 1320, San Francisco, CA 94111
SURETY ADDRESS
NOTE: Signatures of those executing for tl'ie surety rmist be properly acknowledged. 22 30
Docusign Envelope ID: 61EC[)CA6-BA46-40AO-AFCB-2029F326018C
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the-identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
0(;H3l10yOf Alameda )
On % 2'f, m" before me, Courtney Chew, Notary Public a u ' (insert name and title oT the officer)
personallyappeared ThuyduongLe
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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. n'i' co uamhcorchcw"= 5 F')"-='='==-.=='.=- =N, . , Commission N 2448287 g6 a';:;ui*"' lily Comm. Expires May 19, 2027 fl Signature 'e$" 4J (Seal) """"5"a
31 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326C)18C ML'bueturW.
SURETY
POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 821 3019 - 0241 25
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws oT the State of New Hampshire, that Liber7 Mutual Insurance Company is a corporation duly otganized under the laws of the State ol Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called ihe aCompanies"), pursuant to and by aulhonty herein set forth, does hereby name, consti(ute and appoint, Bclty L. l'olenlino, Brian Coopcr. Briltany Kavan, Courtney Cliew. Fortest Chtunberlain, Janet C. Rojo. Julia Ortega, K. Zerounian, Kevin Re, M. Mood)i, Maria D. Reynoso.
Maureen O'Connell, tv)isly R. Heinje, Robert P. Wrixon, Stisan lleckcr, Susiin M. Exlinc. Tmiyduong Le, l"ina K. Niercnber,g. Virginia L Black all ofthe city of Wiiliuik Creek state of CA each individually ifthere be more than one named, its irue and lawful attomey-in-factto make, execute. seal, acknowledge and deliver, fot and on its behalf as surety end as its act and deed. any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in theit own proper persons.
IN WITNESS WHEREOF, this Power of Momey has been subscribed by an auihotized officer or official of the Companies and ihe corporate seals of The Companies have been affixed therelothis 24tli dayof .lanuiiry , 2025
State ol PENNSYLVANIA
County oT MONTGOMERY ss
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By:u7,g
Nathan J. Zangerle, Assistant Secretary
On (his 24tli day oT January . 2025 befote me personally appeaied Nathan J. Zangetle, who acknowledged himself to be the Assistant Sscretary ol Liber7 Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the To+egoing instrument for the purposes therein contained by signing on behatl of the corporations by himselT as a duly authorized officer.
IN WITNESS WHEREOF, I have heteunto subscnbed my name and affixed my'no[arial seal at Plymouth Meeting, Pennsylvania, on the day and year ntsk above witien.
This Power of Altomey is made and executed pursuant to and by authority of the following By-laws and Authotizations of The Ohio Casualh( Insurance Company, Liberky Mutual Insurance Company, and West Ametican Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Sedion j2. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chakman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoim such altomeys-in-facl as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneyrrin-Tact, subject lo the limita(ions set Torth in their respecUve powets of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach theteFo the seal of the Corpotafion. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any represen(akive or attomey-in-fact under the provisions oT this article may be revoked at any Ume by the Board, the Chairman, the Presiden( or by the officer ot officers granting such power or authority.
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authotized for that purpose in wiling by the chairman or the ptesident, and subject to such limi(aUons as the chairman or the president may ptesctibe. shall appoint such atlomeys-infacl, as may be necessay to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attomeys-in-fact subject 10 the limilaUons sst forth in their respecUve powers of attorney, shall have full power to bind the Company by theit signature and execution of any such instruments and to attach Ihsreto the seal of the Company. When so executed such instniments shall be as binding as if signed by )he president and attested by the secretary.
Certificate of Designation - The President oT the Company, acting pursuant to the Bylaws or the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-Tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and othat surety obligations.
Aulhotizatlan - By unanimous consent oT the Company's Board oi Directors, the Company consents thatfamimile or mechanically reproduced signature ofany assistant secretary of the Company. wherever appearing upon a certified copy ofany power of attomey issued by the Company in connection wish surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mu}ual Insurance Company, and West American Insurance Company do hereby cerli(y that the original power ofattorney ol which the foregoing is a full, true and correct copy ol the POW8T ofAtlomey executed by said Companies,is in Tull force and effec} and has not been revoked.
INTESTIMONYWHEREOF.lhaveheteuntosefmyhandandaffixedthesealsofsaidCompaniesthis 24th dayoT February 202 5 Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02r24
32 Docusign Envelope I[): 61 18C
Bidder Siiverado Con!ractorsi InC- PROPOSAL li'OR BRED N0. 2025-Ol 5-9 GUARANTEE
CITY OF ALAMEDA
A. TheBidderguaranteestheconstructionandinstallationalloftheWorkincludedinthisProject.
B. If witliin 12 months, or unless otherwise stated in Contract docun'ients, after tlie City accepts the Work under the Contract:
(a) any of the materials or equipment prove defective; or (b) the Worlc as a whole proves defective due to faulty workinanship, material furnished or methods of installation; or
(c) the Work or any part of it fails to operate properly as originally intended and in accordance witli 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 of any equipment or materials replaced and the cost of removing and replacing any other Work necessary to malce the replacement or repairs; or
2. upon demand by the City, to replace any such material and to repair the Worlc completely uiithout cost to the City so tl'iat the Work will function successfully as originally contemplated.
C. Tlie 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 repairs and furnish 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 tliis guaranty, the City is entitled to all costs and expenses, including attorneys' fees, reasonably incurred bv reason of tliat failure orrefusal.
Bi de ntractor Rick Gusman
Marchll,2025
Date
24 33
Docusign Envelope ID:. 61
,/l--
18C
i -) I .
11 A I{
i "II i y
PROPOSAL FOR BRli,D N0. 2025-01
Statement of Exemptions, if any, to Standard Construction Agreement slitiwn below. The selected f-irm will lye required to execute tlie standard Constr.uction Agreement below. All Proposers are directed particularly to revieiv all Indcmnification, Hold Harmless, and Insurance requirement set fortb in this Agreement. If Proposer wishes to take exception to any of tlic Terms and Conditiolis contained tn the Agreement, these sliould be identified specifically: ot}ierwise include a statement of no exception, lalieled as Item 6 in the Submitted ProHiosal. Failure to identity contractual issues of dispute can later be the basis for tlie City disqualifying a Proposer. Any exemptions to terms, conditions, or other requirements must be clearly stated,
Item 6: No exceptions to the terms and conditions of the Construction Agreement. 6 - CONSTRUCTION AGREEMENT
TJ-IIS co?SJsT'RUcT'[o'N AGREEMENT ("Agreement") is entered into this day of 20 , by and between the CITY OF ALAMEDA, a municipal corporation ("tlie City"), aiid COMPANY, a (California corporation, LP, GP, sole proprietor/individual) whose address is Address, ("Contractor"), in reference to the following:
RECITALS:
A. The City is a municipal coiporation cluly organized and valiclly existing under tlie lawis of the State of California witli tlie liower to carry on its business as it is nosv being coi'iducted under the statutes of the State of California and the City's Charter.
B. The City is in need of the following setavices:
City staff issued an IFB on DATE, after a submittal Iieriod of NU&IBBR days received NUMBER of timely submitted bids, and tlie bids wiere opened on DATE. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the slcill, experience, ability, background, certification and knosvledge to provide the services described in this Agreement on the terins and conditions described l'ierein.
D. [Whereas, the City Council authorized the City Manager to execute this agreement on .1
E. The City and Contractor desire to enter into an agreement for upon tlie terms and conditions herein.
NOW, TI4EREFORE, in consideration oftlie forgoing, which are incorporated lierein by reference, and for otlier good and valuable consideration, the receipt anc'l sufficiency of whicli is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall liave
[Contractor Name]
consecutive ivorking <lays from the date tlie work is to 26 Version8-22-24
34 Docusign Envelope ID: 61 8C
B;,lclei-Siiverado Contractors, ir;ia PROPOSAL FOR BRED N0. 2025-01 commence pursuant to the 'Notice to Proceed to diligently prosecute tlic work to completion.
2. SERVICES TO BE PERFORNIED:
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manrier set foitli in Contractor's bid, wihich is attached hereto as and incorporated herein by tliis reference. Payment will be made in the same inanner that claims of a like character are paid by tlie City, with checks drawn on the treasury of the City.
Payment will be made by tl'ie City in the following manner: On tlie first da)i of eacli i'nontli, Contractor sl'iall submit a written estimate of the total amount of worlc done the previous month.
However, the City reserves tlie rigl'it to adjust budget within and between taslcs. Pricing and accounting of charges are to be according to tlie 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 tlie City. The City sliall retain 5% of the value of tlie work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for uiork is $ , witli a percent contingency in tlie amount of $ for a total not to exceed of $ . Use of contingency shall be for items of worlc outside the original scope and requires prior written authorization by the City.
Proi'npt Pa'vment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the Citya, make prompt and regular incremental acceptances of portions of tlie contract ivork and pay retainagc to thc prime contractor based on these acceptances. The prime coi'itractor or subcontractor shall return all monies uiithlield in retention from ail sulicontractors within 30 days after receiving payment iaor work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any dela>i or postponement of pavment maxi talce place only for good cause and uiith the City's prior written approval. Any violation of these provisions shall subject tlie violating prime contractor lo the penalties, sanctioi'is, and other remedies sl'iecifietl in Sectioi'i 7108.5 of tlie California BuSiness Professions Code. Tliis requirement shall not be construed to limit or impair any coi'itractual, administrative or judicial remedies otherwise available to the prime contractor or subcoiitractor in tlie event of a dispute involving (a) late payment or nonpayment by the lirime [Contractor Name] 27 Version 8-22-24
35 Docusign Envelope ID: 61E 18C
B4,),lei-Silverado Contractors, Inc PROPOSAL FOR BRED N0. 2025-01 contractor, (b) deficient subcontractor performance, or (c) noncoinpliance by a subcontractor with the contract, including lxit not limited to remedies rinder California Priblic Contract Code Section 9204. Tliis clause applies to both DBE and non-DBE sulicontractors
4. TIME IS OF THE ESSENCE:
Contractor and the City agree that tii'ne is of the essence regarding thc performance of this Agreement.
It is agreed by the parties to (bis Agreement that if all llie work called for under the Agreement is not completed before or upon the expiration of the time limit as set fortl'i in Paragraph l above, damage will be sustained b5r tlie City, and it is and will be impracticable to determine the actual damage whicli tlie City will sustain in the event of and by reason of such delay. It is therefore agreed tliat Contractor will pay tlie City tlie sum of DOLLARS ($ per day as liquidated damages for each and every day's delay beyond tlie time prescribed to complete the work; and Contractor agrees to pay sucl'i liquidated damages as herein provided, and in case tlie same are 1101 paid, agrees tliat tlie City mait deduct the amount thereof from any money due or tbat may become due Contractor under the Agreement.
It is further agreed that iri case the work called for under the Agreement is not finished and coinpleted in all liaits and requirements witliin the time specified, tlie City shall have tlie right to extend the tiine for completion or not, as may seem best to serve tlie interest of tlie City; and if the City decides to extend the time limit for tlie completion of the Agreement, it shall further have the riglit to charge Contractor, its successors, lieirs, assigns or sureties, and to deduct from the final pa>ti'nent for the work, all or any part, as it n'iay deem proper, of the actiial costs and overhead expenses wihich are directly chargeable to the Agreei'nent, and which accrue during tlie period of such extensions.
Contractor shall not be assessed with ]iquidated damages during any delay in tbe comliletion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantiiie restriction, strikes, freight embargoes, and ru'iusually severe weather or delays of subcontractors due to sucl'i causes; provided that Contractor sliall, witliin one (1) day from the beginning of such dela)i, notify tlie City in uiriting of the causes or delay. Tlxe City shall ascertain tlie facts in good faith and tlie extent of the delay, and its findings of the facts thereon shall be i'inal and conclusive.
5. ST ANDARD OF CARE:
Coi'itractor shall perform all services under this Agreement in a skillful and competent manner, consistent wiith tlie standards generally recognized as being employed by professionals in the same discipline in the State of Califoriiia. Comractor represents that it is skilled in the I:irofessional calling neccssar>t to perform all services contracted for in tl'iis Agreement. Contractor further represents that all of its emplo)iees and subcontractors shall have sufficient skill and experience to perform tl"ie duties assigned to them pursuant to and in furtherance this Agreement.
Contractor Further represents that it (and its employees and subcontractors) liave all licenses, permits, qualifications, and approvals of whatever nature t)iat are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout tlie teri'n of tliis Agreement. As provided for in tlie indeinnification [Contractor Name] 28 Version 8-22-24
36 Docusign Envelope ID: 61 i8C
Biddel.Silverado Coritractors, Inc. l)ROPOSAL FOR BRED N0. 2025-01 provisions or this Agreement, Contractor shall perforin (at its own cost and expcxisc and without reii'nbursement from tlie City) any services necessary to correct errors or omissions wliich are caused by Contractor's failure to coml.ily svitl'i tlie standard of care provided for herein. Any ei'nliloyee of tiie Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a tlireat to the adequatc or timely completion of any services ui'ider lhis Agreemerit, or a tlireat to tlie safcty of persons or property (or any ei'nployee w4io rails or refuses to perform the services in a i'nayiner acceptablc to tl'ie City) shall be promptly removcd by the Contractor and shall not lye re-employed to perform any furtlier services under tliis Agreement.
6. INDEPENDENT PARTIES:
Comractor liereby declares that it is engaged as an independent business and it agrees to perfori'ri its services as an ixidependent contractor. The manner and i'neans of conducting the work are under the control of Contractor, except to ti'ie extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of en'iployment will be acquired by virtue of Contractor's services and work. None of the benefits provided by tlie City to its employees, including but not limited to unemplo>iment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, s4ppliers or agents. Deductions shall not be made for any state or federal taxes, I'ICA payments, PERS 'payments, or otlier puq'ioses normally associated wiith an emplo)ier-employee relationship from any fees due Contractor. Payments of tlie above items, if required, are tlie responsibility of Contractor. Any personnel lierfonning the services 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. II'VIIS%IGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assuines any and al] responsibility for verifying the identity and emplo)iment autliorization of all of its einployees performing wiork hereunder, prirsuant to all applicable IRCA or otl'ier federal, or state rules and regulations. Contractor sliall indemnify, defend (witl'i counsel acceptable to tlie City) and hold the City harinless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with tlie City's policy and state and federal law that harassment and discrin'iination are unacceptable employer/employee conduct, neither Contractor nor Contractor's employees, agents, subcontractors or suppliers shall ]iarass or discriminate against any job applicant, City emplo)iee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not4imited to race, religious creed, color, national origin, ai'icestry, disability (both inental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, dcmotion, transfer, recruitment or recruitment advertising, la)ioff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of tliis Agreement.
[Contractor Name] 29 Version 8-22-24
37 Docusign Envelope ID: 61 8C
9. B,,IB,,l.Silverado Contractors, Inc.
I-IOLD HAlmESS:
PROPOSAI, FOR BRED N0. 2025-01
To tlie fullest extent pennitted )y law, Contractor sliall indemnify, defend (witli counsel acceptable to the City) and ]iold liarmless the City, its City Council, boards, commissions, officials, einployees, agents and volunteers ("lndemnitees") from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and cxpenses wliatsoever, including reasonable attorney's fees and costs of litigation ("C:laims"), arising fiacim or in any manner connected to Contractor's lierformance of its obligations under this Agreement or out of the ol'ierations conducted by Contractor even if the City is found to liave been negligent. if the Claims filed against lndemnitees allege negligence, recklessness or willful misconduct on the part or Contractor, Contractor sliall liave no riglit of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or uiillful misconduct is not found on the part of Contractor.
Contractor shall not liave any obligations to indemnify lndemnitees if tlie loss or damage is found to liave resulted solely from the negligence or tlie uiillful misconduct of the City. The defense and indemnification obligations of this Agreement aiae undertaken in addition to, and sliall not in any uiay be limited by, the insurance obligations contained in tlffs Agreement.
As to Claims for professional liability only, Contractor's obligation to defend Indemnitees (as set forth al+ove) is limited as provided in California Civil Code Section 2782.8.
Contractor's obligation to indemnify, defend and hold liarmless indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terins of tliis Agreement, Contractor shall furnisli City's Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in con'il:iliance witli paragraphs lO.b. (l) through (5). Such certificates, which (10 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 tlie expiration date thereof, the insurer affording coverage sliall provide tliirty (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 tliis Agreement all al:ipropriate coverage of insurance required by tliis Agreement with an insurance comliany licensed to offer insurance business in the State of California with a current A.M. Best's rating of no less than A:VTI or Standard & Poor's Ratii'ig (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 st'iall be submitted with tlie iiisurance certificates.
b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(l) Workers' Compensation:.
Statutotay coverage as required liy tlie State of California. (2) :
Coi'nmercial general liability coverage in the following minimum limits:
Bodi]>i Injuiy: $1,000,000 each occurrence
[Contractor Name] 30 Version 8-22-24
38 Docusign Envelope ID: 61 18C
B,,l,le,.Silverado Contractors, Inc PROPOSAI, FOR BRED N0. 2025-01 $2,000,000 aggregate - all otlier
Property Damagc: $1,000,000 eacli occurrence
$2,000,000 aggregate
If submitted, combined single limit policy wiitli per occurrence limits in the amounts of $2,000,000 and aggregate limits in tlie amounts of $4,000,000 will be considered equivalent to tl'ie required mii'iiinum liinits sl'iown above. Additional Insured Endorsement naming tlie City, its City Corincil, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automoliile liability coverage (any auto) in the following minimum limits:
Bodily injury:
Propeity Damage:
Or
Con'ibined Single Limit:
$1,000,000 eacli occurrence
$1,000,000 each occurrence
$2,000,000 each occurrence
Additional Insured Endorsement naming tlie City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:
Legal liability required for hazardous materia]s excavation in the amount of $2,000,000 each occurrence. Additional )nsured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(5) Builders Risk:
Insurance utilizing a.n "All Risk" (Special Perils) coverage form, with limits equal to the completed value of tlie project and no coinsurance penalty provisions. The coverage and limits sliall be (1) the minimum coverage and liinits specified in this Agreement; or (2) tlie broader coverage and inaximuin limits of the coverage carried by or available to tlie Contractor; whichever is greater. Any insurance proceeds in excess of or broader than tlie minimum required coverage and/or minimum required limits, wihich are applicable to a given loss, sliall be available to the City.
C. S?JBROGATION W AIVER:
Contractor hereby agrees to wiaivc rights of subrogation wliicl'i any insurer of Contractor may acquire from Contractor by yirtue of tlie payment of any loss. Contractor agrees to obtain any endorsement tliat may be necessary to affect tliis waiver of subrogation, but this provision applies regardless of whether tlie City lias received a ivaiver of subrogation endorsement from the insurer.
Tlie Workers' Comliensation )iolicy shall be endorsed with a waiver of subrogation in favor of tlie City for all work performed by tlie Contractor, its employees, agents and subcontractors. (Contractor Name] 31 Version 8-22-24
39 Docusign Envelope 10: 61ECDCA6-BA46-40AO-AFCB-2029F326018C B4,1,lei.Silverado Contractors, Inc.
d. FAILURE TO SECURE:
PROPOSAL FOR BRED N0. 2025-01
l[ Contractor at any time during the term liereof sliould fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Coittractor's i'iame or as an agent of Contractor and sliall be compensated by Contractor for tlie costs of the insurance premiums at tlie maximuin rate perinitted ly law and computed from tl'ie date written notice is received that the premiums liave not been paid.
e. ADDITION,'U, INSUR-D:
The City, its City Council, boards, coi'i'iniissions, officials, employees and 'volunteers sliall be named as an additional insured under all insurance coverages, except uiorlcer's compensation insurance. The naming of an additional insured sliall not affect any recoiiery to wliich such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named lierein shall not be held liable for arty premium, deductible portion of any loss, or expense of any nature on tliis liolicy or any extension t}iereof. Any otber insurance held by an additional insured sliall not be required to contribute anything toward any loss or expense covered by the insurance lirovided by this policy. The additional insured coverage under the Contractor's policy sliall be primar>i and non-contributory and ivill not seek contribution from tlie City's insurance or self-insurance.
f. SUFFICIENCY OF INSURANCE:
The insurance limits required b)i 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 UNIBRELLA LIABILIT'l':
If any Excess or Umbrella Liability policies are used to meet fhe 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 sliall meet all ofthe 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 tlie indemnified parties or Additional Insureds, whether primary or excess, and whicli also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the lirimary and excess liability policies carried by or available to tlie Contractor are exharisted. If a Provider is using an Excess Liability liolicy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. Contractor sliall furnisli 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 tota] contract price guaranteeing tlie faithful performance of tliis contract, and B. Labor and Materials: A bond for labor and materials in the amount of 100o/o of the total contract price.
[Contractor Name] 32 Version 8-22-24
40 Docusign Envelope ID: 61 18C
B;(1,lel.Silverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 Faitlifu] Perforinance Bond and Labor and Material Bond are only required for work osier $25,000. Therefore, those estimates tliat arc under $25,000 will not need to budget for the bond premiums and those estimates osier $25,000 will rieed to budget for the liond premiums.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypo'thecate, or transfer tliis Agreement, or any interest therein, directly or indirectly, by operation of law or otlierwise, wiithout prior written consent of the City Manager. Any attempt to do so witliout said consent sliall be null and void, aiid any assignee, sublessee, hyliothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. I{owever, Contractor's claims for money from tlie City ui"ider tliis Agreement maxi be assigned to a bank, trust company or otlier financial institution witliout prior written consent. Written notice of such assignment sltall be promptly [uriiislied to tlie City by Contractor.
The sale, assignmcnt, transfer or otlier disposition of ai"iy of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a parti'iership or joint venture or syndicate or cotenancy, wliich shal] result in changing the control of Contractor, shall be construed as an assignment of tliis Agreemeiit. Control means fifty percent (50%) or more of tlie voting power of the entity.
13. STJBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, oniy those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additioi'ial subcontractmg shall be submitted in writing, describing tlie scope of worlc to be subcontracted and tlie name of tl'ie proposed subcontractor. Such request shall set [ortli the total price or liorirly rates used in preparing estimated costs for tlie subcontractor's services. Approval of tlie subcontractor may, at the option of the City, be issued in the Form of a Work Order.
In the event that Contractor emplo>is subcontractors, sucl'i subcontractors shall be required to furnisli proof of workers' compensation insurance and sl'iall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carricd by Co'ntractor. In addition, any work or services subcontracted hereunder shall be subject to eacli I:irovision of tliis Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the teri'n of this Agreement, all appropriate perinits, certificates and licenses, including a City Business License tliat i'nay be reqriired in connection wiitli tlie lier[ormance of services and work liereunder.
15. REPORTS:
Eacli and evcry repoit, draft, work product, map, record and otlier document reproduced, [Contractor Naine] 33 Version 8-22-24
41 Docusign Envelope ID: 61 18C
Bi,l,lei.Silverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 prepared or caused to be prepared by Contractor pursuant to or in connection witli tliis Agreement shall be the exclusive property of tlic City.
No report, infori'iyatioi'i nor other data given to or prepared or assembled by Contractor liursuant to tliis Agreei'iient shall be made available to any individrial or organization by Contractor witliout prior approval bv tlie City.
Contractor shall, at such time and in such fomi as tlie City maxi reqriire, furnish reports concerning tlie status of services and work required under this Agreement.
16. RECORDS:
Contractor shall i'naintain complete and accurate records with respect to sales, costs, expenses, receipts and otlier sucli informatioii required by tlie City that relate to the performance of services and work under this Agreement.
, Coi'itractor shall maintain adequate records of services and worlc provided in sufficient detail to perinit an evaluation of seiirices and work. All sucli records sl'iall be maintained in accordance witli generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to tlie reliresentatives of tlie City or its designees at all proper times, and gives tlie City the right to examine and audit same, and to make transcrilits therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together wiith suppoiting documents, shall be kept separate from otlier documents and records and shall be maintained for a period of tliree (3) years alter receipt of flnal payment.
If supplemental examination or audit of the records is necessary due to concerns raised by tlie City's preliminary examination or audit or records, and tlie City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or otlier breach of contract or failure to act in good faith, tlien Contractor sliall reimburse the City for all reasonable costs and expenses associated with the supplemental exan'iination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement sliall be given in writing and coyiclusively shall be deemed served wlien delivered personally or on the second brisiness day after the deposit tliereo[ in the United States Mail, I:iostage prepaid, registered or certified, addressed as hereinafter lirovided.
All notices, dei'nai'ids, requests, or approvals from Contractor to tlie City shall be addressed to the City at:
City of Alameda
Base Reuse and Economic Development Department
950 'iVest Mail Square, Suite 205
Alameda, CA 94501
ATTENTION: Annie Cox, Management Analyst
l)h: (51 0) [7 47-68931
[Contractor Naine] 34 Version 8-22-24
42 Docusign Envelope ID: 61 8C
B;,l,lerSiiverado Contractors, Inc.
Email: [email protected]
l)Rat)OSAL FOR BRED N0. 2025-01
All notices, demands, requests, or c'ililirovals from tlie City to Contractor shall be addressed to Contractor at:
18. [Coiitractor Name]
[Departmentl
[Address]
Aliu'neda, CA 94501
ATTENTION; [Titlel
Pli: (510) xxx-xxxx/Fax: (510) xxx-xxxx
Email:
SAFETY:
Contractor will be solely and completely responsible for conditions of all veliicles owned or operated by Contractor, including tlie safety of all liersons and liroperty during performance of the services and wiork under tliis Agreement. This requiren'ient will apply continuously and not be limited to normal working hours. In addition, Contractor wiill comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety aM Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulationstliatmaybedetailedinotherpartsoftheAgreement. Wliercanyoftheseareinconflict, tlie more stringent requirements will be followed. Contractor's failure to thorouglily familiarize itself wiirli tlie aforementioneci safety provisions will not relieve it from compliance with tlie obligations and penalties set forth herein.
Contractor will immediately notify t}'ie City's RiskManager witliin 24 liours of any iricidei'it of deatli, serious personal injury or substantial property damage that occurs in connection with the performance of tliis Agreement. Contractor wiill liromptly submit to the City a vvritten report of all incidents that occur iii connection with this Agreement. Tliis report must iffclude the followiing information: (i) name and address of injured or deceased person(s); (ii) name and address or Contractor's employee(s) iiwolved in the incident; (iii) name and address of Contractor's liability insurance carrier; (iv) a detailed description of tlie incident; and (v) a police report.
19. COMPLIANCE WITH AJ,L APPLICABLE LA1'VS:
During the term of this Agreement, Contractor s}'iall keep fully informed of all existing arid future state and federal laws and all muriicipa] ordinances and regulations of the City of Alameda wliich affect tlie manner in wl'iich t]ie services or tasks are to be performed by Contractor, as well as all such orders and decrees 'of bodies or Lribunals liaving any jurisdiction or authority over tlie same. Contractor shall comply witli all applicable laws, state and fetleral and all ordinances, rules and regulations eni'icted or issued by the City. Contractor sliall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and l'iarmless from any claim or iiability arising out of any Failure or alleged failure to comply with such laws and regulations I:iursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REUIREMENTS
Contractor acknowledges tliat lhe City shall have the righl to imliose, at t)'ie City's sole discretion, [Contractor Name] 35 Version 8-22-24
43 Docusign Envelope ID: 61 8C
B;,l,lerSilverado Contractors, lnc. PROPOSAL FOR 13{(ED N0. 2025-01 requirements lliat it deen'is are necessary to protect the healtli and sarety of tlie City emplo>iees, residents, and visitors. Contractor agrees to coi'nply witli all sucli requirements, including, but not limited to, mandatory vaccinations, tlie use of liersonal lirotective equipment (e.g. masks), lihysical distancing, and hea]th screenings. Contractor also agrees to malce available to tlie City, at tlie City's request, records to demonstrate Contractor's coirililiance with tliis Section.
21. PREVAILING WAGF,S:
Contractor is aware of tlie 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") wliich require tlie payment of prevailing wage rates and the performance oF other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply uiith such Prevailing Wage Laws if the services are being lierformed as part of an aliplicable "public works" or "maintenance" liroject as defined by the Preyailing Wage Laws and if tlie total compensation is $1,000 or more. City, upon Contractor's request, shall provide Contractor with a copy of tlie prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall malce copies of the prevailing rates of per diem wages for eacli craft, classification, or type of worker needed to execute the services available to iiiterested paities upon request; and shall post copies at the Contractor's principal place of business and at tlie project site. Contractor shall defend, indemnify, and ]iold tlie City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged ["ailure to comply with the Prevailing Wage Laws.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND PREY AILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of tliis 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 maxi be listed on a liid proposal for a public uiorks project, nor engage in tlie l'+crformance of any public wiork contract, unless registered with the Department of Industrial Relations pursuaiit to Labor Code Section 1725.5 (with the limited exceptions for certain bids liursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: !ittps://wsvwdir.ca.gov/Public-Works!Coratractor- Reszistration.html
c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Coinmissioner at the following website: https://www.dir.ca.gov/Public- Works/Ceitified-Pavroll-Reporting.litml
d. Contractor is required to all post job site notices as prescribed ly State law. (See 8 Cal. Code Regs, § 16451(d).)
e. In executing tl'iis Agreement, Contractor aclcnowledges and agrees that tlie worlc authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
[Contractor Name] 36 Version 8-22-24
44 Docusign Envelope ID: 61 8C
23. B;,l,le,.Silverado Contractors, 1nc
I-IOURS OF LABOR:
PROPOSAL FOR BRED N0. 2025-0]
As 1:irovided in Article 3 (coinmencing at § 1810), Chapter 1, Part 7, Divisioi'i 2 of the Labor Code, eiglit (8) lio'iirs of labor shall constitute a legal da)!s work. Tlie time of service of any worker employed at any time by Coritractor or by any subcontractor on any subcontract under this Agreement, llPOn the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eiglit (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as liereina'fter provided. Nolwitlistanding the provision hereinabove set forth, work pcrfoimed by cmployees of Contractor in excess of eigl'it (8) hours per day and forty (40) liours during any oiie week shall be peri'iiitted upon this public wiork, provided that the employees' compensation for all hours worked in excess of eiglit (8) hours per day at not less than one and one-lialf (1-1/2) times tlie basic rate of pay.
Contractor sliall pay the City a penalty of Twenty-five Dollars ($25.00) for each worlcer employed in tlie execution of this Agreeinent liy Contractor, or by any subconlractor, for eacli calendar day during which such worker is required or permitted to wiork more than eighl (8) liours in any calendar day and for(y (40) l'iours in any one (l) calendar week, in violation of tlie provisions of Article 3 (commencing at e) 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the uiorkers so emplo)red by Contractor is not less than one and one-hair (1-1/2) times the basic rate of pair for all liours worked in excess of eight (8) liours per day.
I-Ioliday and overtime wiork, uihen permitted by law, sliall be paid for at a rate of at least one and one-half (1 !/2) times the above specified rate of per diem wages, unless otherwise specified. l-Iolidays shall bc defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
Attention is directed to tlie provisions in Sectioris 1777.5 and 1777.6 of the Labor Code coricerning tl"ie employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and an>r subcontractor under it shall comply witli the requirements of Sections 1777.5 and 1 777.6 in the emplo)ttnent of apprentices.
Section l 777.5 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 tlie public works project, and which administers the apprenticesliip 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 coyitributions to funds established for the administration of apprenticesl'iip lirograms if: (l) Contractor em):ilo)is registered apprentices or journeymen in any aliprenticeable trade on such contracts and if other contractors on tl'ie I:iublic works site are making SLICII contributions; or (2).if Contractor is not a signatory to an aplirenticeship fund and if tlie funds aclministrator is unable to accelit Coritractor' required contribution. Contractor or subcontractor sliall Pant a like amount to tlie California Apprenticeship Council Infonnation relativc to apprcnticesliip standards, wage scliedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio tl'ie Administrator of [Contractor NameJ 37 Version 8-22-24
45 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C BH,l,lel.Silverado Contractors, lnc. PROPOSAL FOR BRED N0. 2025-01 Apprenticeship, San Francisco, California, or fron'i the. Division of Apprenticesliip Stan<lards and its branch offices.
25. LABOR DISCRnVIINATION:
No discrimination shall be inade in tlie employinent of persons ul:ion priblic works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability or such persons and ever)i Contractor for liublic ivorlcs violating this section is subject to all the penalties imposed for a violation of tlie provisions of the Labor Code, and, in particular, Section 1735.
26. REGISTRATION OF CONTRACTORS:
Before submitting bids for anti wiork autliorized by tliis Agreement, contractors shall be licensed in accordance witli the provisions of Chapter 9, Division 3, of tlie 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 lit(le as necessary.
Contractor sliall take all steps necessary to keep wash water out of tl'ie 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 tlie rainy season (October 15), on site de-watering activities and saxi-cutting activities; shovel or vacuum saw-cut slurry and remove from the site.) b. Cover exposed piles of soil or construction material witli plastic sheeting. All construction materials must be stored in containers. c. Sweep and remove all n'iaterials from paved surfaces that drain to streets, gutters and stormdrainspriortorainaswellasattlieendoftheeachworkday. Attl'iecompletion of the liroject, tl'ie street shall be wasl'ied and tlie was}i water shall be collected and disposed of offsite in an appropriate location.
(}. After breaking 01Cl pavement, Contractor shall remoye all debris to avoid contact witli rainfall or runof[.
e. Contractor sl'iall inaintain a clean work area by removing trash, litter, and debris at tl'ie ei'id of eac}i workday. Contractor sliall also clean rip any leaks, drips, and otlier spills as they occur.
The objective is to ensure that the City and County of Alameda Cocinty-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to (he start of [Contractor Name] 38 Version 8-22-24
46 Docusign Envelope ID: 61 18C
B,,l,lel.Silverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 constrciction, up-graded as required, maintaiiied during construction pl'iases to provide adequate protection, and reinoved at tlie end of construction.
These recomi'nendations are intended to be used in conjunction witl'i tl'ie State's Best Management Practices Municipal and Construction Handbooks, local prograin guidance materials from municipalities, Section 7.1.01 of tlie Standard Specifications and any otlier alipropriate documents on storm water quality controls for construction.
Failure to comply with tliis program willresult in the issuance of noncompliance notices, citations, project stop orders or fines. Tlie fine for noncompliance of tlie above program is two hundred and fifty dollars ($250.00) per occurrence per day. Tlie State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.
28. COMPLIANCE WITII MARSH CRUST OIIINANCE:
Contractor shall perform all excavation work in compliance with tlie City's Marsh Crust Ordinance as set fortli at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall veri fy wiith the Building Official whether the excavation work is subject to the Mars)'i Crust Ordinance. Contractor shall apply For and obtain permits fiaom Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
29. COMPLIANCE WITH THE CITY'S INTEGRATED PEST MANAGEMENT POLICY:
Contractor sliall followi the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the Ci(y is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by tlie San Francisco Bay Regional Water Quality Control Board.
Q Contractor shall use the most current IPM technologies available to ensure tlie long.-term prevention or supliression of pest problems and to minimize negative impacts on the environment, non-target organisms, and liuman health for the control or management of 1'iests in and around City buildings and facilities, parlcs and golf courses, urban landscape areas, rights-of-way, and otlier City properties.
Q Contractor will consider the City IPM Policy's ?iierarchy of options or alternatives listed bclow, in tlie following order before recommending tlie use of or applying aiiy 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);
Cl. Biological controls (e.g., natural enemies or predators); e. Rcduccd-risk chemical controls (e.g., soaps or oils); and f. Otlier cliemical controls.
[Contractor Nainel 39 Version 8-22-24
47 Docusign Envelope ID: 61 18C
BH,l,l,,rSilverado Contractors, lnc. PROPOSAL FOR BRED N0. 2025-01 Q PriortoapplyingcliemicalcontrolsContractorshallcompleteachecklistfortheCity'spre- apliroval t)iat explains wl'iy a cliemical control is necessary. For annual contracts that require regular application of chemical coi'itrols the contractor shall submit one checklist prior to the initiation of tlie project demonstrating that tlie hierarchy lias been reviewed and no otlier options exist. (See Exhibit C). Additionally, Contractor sliall provide documentation to the City's project manager of tlie implementation of tlie IPM tecbniques liierarchy described in tlie City's IPM Policy.
[] Contractor shall avoid the use of the following pesticides that tl'ireaten water quality, huinan health and tlie environment:
a. Acute Toxicity Categorylchemicals as identilied by the Environmental Protection Agency (EPA);
b. Organophospliate pesticides (e.g., those containing Diazinon, cl'ilorpyrifos or malathion);
c. Diamides (clilorantraniliprole ai'id cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetainiprid, and dinotefuran); e. Pyrethroids (bifent]iriyi, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, metofluthrin, permetlirin, 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 teclmiques have been considered, and the tlireat of impact to water quality is prevented.
[] Contractor sliall sign the Coritractor Verification Foii'n (attaclied as Exliibit B) indicatitrg the intent to implement tlie City's IPM Policy, and return a signed copy to tl'ie City's project manager.
Q Contractor shall lirovide to the City's project manager aii annual report or all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), tlie total runounts used and the reasons for any increase in use of any pesticide.
CI 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 tlie City's IPM Policy may be obtairied from the City's project manager and is also on file with the City Clerk.
If this Agreement pertains to the use of arry iteins listed above, Contractor will need to fill out arid send iri the Contrctctor Verification Foryn and Contrcrctor Checlc List. ADD EXPIIBIT B IF P EST CONTROL.
30. PURCHASES OF MINED MATERI.=U[.,S REQUIREMENT:
Contractor s]iall ensure tliat al) purchases of mined materials such as construction [ContractorName] 40 Version8-22-24
48 Docusign Envelope ID: 61 8C
B4,1,lerSilverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 aggregate, sand and gravel, cruslied stone, road base, f-ill materials, and any other mineral inaterials i'nust originate [ron'i a surface i'niiiing operation identified on tlie AB3098 List per tlie Surface Mining and Reclamation Act of 1975 (SMARA).
Within fisie days of award of contract, Contractor shall submit a report to the City wliich lists the intended suppliers for tlie abosie materials and demonstrates that the suppliers are in compliance witli the SMARA requirements. Tlie AB3098 List is maintained by the Depaitment of Conseniation's Office of Mine Reclamation (ORLR) and can be viewed at:
www.coxiservation.ca.gov/OMR/ab 3098 list/index.htm. Note tliat the list changes I:ieriodically and sliould be reviewed accordingly
31. CALIFORNIA AIR RESOURCES BOARD COIV[PLIANCE:
Contractor, sliall comply, and shall ensure all subcontractors comply, witl'i all applicable requirements of the most current version of the California Air Resources Board regulations including, witliout limitation, Title 13, California Code of Regulations Division 3, Cliapter 9 and all pending amenclments ("CARB Regulations")
Throughout the Project, and for three (3) )tears thereafter, Contractor s)iall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, witliout limitation, Certificates of Reported Comliliance, 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 hvo (2) calendar days' notice from the Cit
Contractor shall be solely liable for any and ail costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with aiiy aiid all violations, or failures to comp)y with the CARB Regulations. Contractor shall defend, indemnify and hold harmless tlie City, its officials, officers, employecs and arithorized volunteers free and harmless froi'n any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply wiith tlie 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 tl'ie City of written notice of default, specifyiiig tlie nature of such default and the steps necessary to cure such default, tlie City maxi terminate the Agreement forthwitli by giving to Contractor uiritten notice thereof.
Tlie City shall liave the option, at its sole discretion and wit)iout cause, of teiminating tliis Agreement by giving seven (7) da)is' prior written notice to Contractor as provided lierein. Upon termination of this Agreement, each party shall pay to the other party tliat portion of compensation specified in tliis Agreement that is earned and unpaid prior to t}ie effective date of termination.
33. ATTORNEYS' FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to tliis Agreement, including but not limited to any action or suit by any party, assignee or beneficiary [Contracior Name] 41 Version 8-22-24
49 Docusign Envelope ID: 61 8C
B4,1,lei.Silverado Contractors, Inc. PROPOSAL FOR BRED N0. 2025-01 against any otlier party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of tliis Agreemenl the parties and litigants sliall bear tlieir 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 whicli party or litigaiit might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Nohvithstandmg anytliing else to tlie contraty stated in tlie Information For Bidders (IFB) or other documents associated with this Agreement, all claii'ns, 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 shal] be governed by Public Contract Code Section 9204 and tliis section. The following provisions and procedures shall apply:
a. Contractor sliall submit each Claiin (whetlier for a tin'ie extension, payment for money or damages) in wiriting and in compligice uiith Public Contract Code Section 9204.
Ccmtractor must include reasonable docunentation to support each claim. b. Upon receipt of a claim, the City shall conduct a reasonable review aiid respond in writing witliin 45 days of receipt and sliail ideiitify in a uirit-ten statement what portions ofthe claim are disputed and undisputed. Undisputed poitions of the claim sl'iall be lirocess and paid witliin 60 days of the uiritten statement. Undisputed amounts not paid in a timely manner sliall bear interest at 7% per anntim. Tlie City and Contractor may amutually agree to extend tlie 45 day response time. c. lf the City needs approval from tlie City Cotincil to provide a writ-ten statement, tlie 45 days may be extended to 3 days followiing the next duly noticed Iiublic meeting liursuant to Public Contract Code Section 9204(d)(1 )(C).
d. If the City fails to timely respond to a claim or if Contractor disputes tlie City's resl:ionse, Contractor mast submit a uiritten demand for an informal meet and confer conference uiitli tlie City to settle the issues in dispute. Tlie demaiid must be sent 'via registered or certified mail, retrirn recei)it requested. Upon receipt, tlie City sliall scliedule the conference within 30 days. e. Witliin 10 business days fo]touring the infonnal meet and confer conference, tl'ie City sliall submit to Contractor a written statement describing any issucs remaining in disl'iute and that portion whicli is rindisprited. Undisputed poitions of tiie claim shall be processed and paid within 60 days of tlie written statement. Undisputed amourits yiot paid in a timely manner sliall bear interest at 7% lier annum. The issues remaining in dispute shall be submitted to non-binding mediation. If jhe City m'id Contractor mutualty agree on a mediator, eacli party shall pay equal lioitions of all associated costs. If witlun 10 business days, the City and Contractor cannot agree on a mediator, eacli party sl'iall select a mediator (paying all costs associated wit}i tlieir selected mediator), and those mediators sliall select a qualified neutral tliird party to mediate tlie disputed issues. Tlie City :md Contractor sliall pay equal poilions of all associated costs of such tliird party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted liereuider sliall excuse any fuitlier obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
JContraclor Namel 42 Version 8-22-24
50 Docusign Envelope ID: 61 i8C
B,,l,lel.Silverado Contractors, Inc PROPOSAL FOR BRED N0. 2025-01 g. Tl'ie City reserves all riglits and remedies tliat it has pursuant to tliis Agreement, any associated )ilans and sl'iecificatioris, or at laui or in equit>t ujhicli are not in conflict uiith Public Contract Code 9204.
35. CONFLICT OF LAW:
Tliis Agreement s)iall be inteiyreted uiit-ler, and enforced by tlie laws of tlie State of California excepting aiiy clioice of law rules which may direct the application of laws of anotlier jurisdiction. Tlie Agreement and obligatioi'is of the parties are subject to all valid laws, orders, rules, and regulations of the autliorities having jurisdiction over this Agreement (or tlie successors of those autlioriiies.) Any suits liroughl pursuant to this Agreement sl'iall be filed with tlie courts of tl'ie Corinty of Alameda, State of California.
36. ADVERTISEMENT:
Contractor sliall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, adveilising, show bills, lithographs, posters or cards of atiy kind pertaining to tlie services performed under tliis 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, sliall not be deemed to be a wiaiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of tlie same or a different character.
38. INTEGRATED CONTRACT:
Subject to the language of Section 43, tlie Recitals and exhibits are a material part of tliis Agreement and are expressly incoiporated lierein. This Agreement represents tlie full and complete understanding of every lcind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of wihatsoever kiiid or nature are merged lierein. No verbal agreement or implied covenant sliall be held to vary the provisions hereof. Any modification of tliis Agreement will be effective only by written execution signed by both the C'ity and Contractor.
39. INSERTED PROVISIONS:
Eacli provision and clause required by law to be inseiled into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and ei'iforced as though each were included hereui. ' If through mistalce or otherwise, any such provision is not inseited or is not correctly inserted, t}ie Agreement shall be amended to make such insertion on application by either party.
40. CAPT IONS:
The captions in this Agreeincnt are for convenience only, are not a pait of tlie Agreei'nent and in no wiay affect, limit or amlilify the terms or provisions of tliis Agreemeiit.
41. COUNTERPARTS:
[Contractor Name] 43 Version 8-22-24
51 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C BH,l,H,,l.Si)verado Contractors, Iric. PROPOSAL FOR BRED N0. 2025-01 Tliis Agreeinent i'nay be executed in aiiy nuinber of counterparts (including ly [ax, PDF, DocuSign, or otlier electronic means), eacl'i of wliicli shall be deemed an original, but all of which shall constitute one and tlie sairie instrument.
42. SIGNATORY:
By signing tliis Agreement, eacli signatory warrants and represents that lie/slie executed this Agreement in his/lier autliorized capacity and tliat by liis/her signature on t]'iis Agreement, lie/she or tlie entity upon liehalf of whicli he/she acted, executed this Agreement.
43. CONTROLLING AGREEMENT-
In the cvcnt 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 wiherever contained, including, without limitation, terms and conditions inchidedwithin exhibits, the terms and conditions of tl'iis Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[Contractor Nainel 44 Version 8-22-24
52 Docusign Envelope ID: 61 2029F32601 8C
Bm DOCUMIINTS SAMPIJ BID PROPOSAL TO THE CITY OF ALAMEDA IN WITNESS WHEREOF, tlie parties have caused the Agreement to be executed on the day and year first above written.
COMPANY NAME,
a (California corporation, LP, GP sole
proprietor/individual)
CITY OF ALAMEDA,
a municipal corporation
Name
Title
Name
Title
Contractor License No,
DIRNO.
Jennifer Otl;
City Manager
RECOMMENDED FOR APPROVAL
Abigail Thorne-Lyman
Director, Base Reuse and Economic
Development Department
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
[Contractor Namel 45 Version 8-22-24
53 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C
DATE (MNUDD/YYYY)
11/6/2024
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 REPRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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).
PRODUCER
Arthur J. Gallagher Risk Management Services, LLC
2121 N. California Blvd., Suite 350
Walnut Creek CA 94596
License#: OD69293
fiXUKcT Certificate Department
51 'A
10h
'C. A, Extl: 925-299-1112 i 75, No}: 925-925-0328
E-
!l(
MAI
IDF .:ESS: GSC Construction Certrequests@AJG.'com
INSURER(S) AFFORDING COVERAGE NAIC #
1N811RER A : Alaska National Insurance Comoanv 38733 INSuRED SILVCON-03
Silverado Contractors, Inc
2200 Powell st., Ste. 800
Emeryville, CA 94608
INSLIRER El : Allied World Assurance Co (u.s.) Inc. 19489 INSURERC: RSUI Indemnity Company 22314
INSURER o : Allied World Insurance Company 22730
ixsupep E : Fair American Select Insurance Company 15201 INSURER F : SiriusPoint Specialty Insurance Corporation 16820 COVERAGES CERTIFICATE NUMBER: 1247325725 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLIRED NAME[) 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 )OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE[) BY )AID CL_AIMS.
INSR
LTR TYPE OF INSLIRANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
IMM{DD/YYYY)
F'OLICY EXP
(MMIDD/YYY'Q LIMITS
D X COMMERCIALGENERALLIABILITY
ffl CLAIMS-MADE D OCCUR
Y Y 60040093 11/1/2024 11/1/2025 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
PREMISES (Ea occunence) $ 300,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
eopoTHuEc;, 8 j:(9; € LOC
GENERAL AGGREGATE $ 2,000,000
PRODuCTS-COMP/OP AGG $ 2,000,000
Ded Per Occurrence $ 50,000
B AUTOMOBILE LIABILITh
-X ANY AUTO
OWNED scheouieo
quros ONLY qu'ros
X HIRED l NON-OWNED_ AuTOS ONLY L___J ALITOS ONLY Y Y 60000436 11/1/2024 11/1/2025 COMBINED SINGLE LIMIT (Ea accident) $1 ,000,000
BODILY INJURY (Per person) $
BODILY INJLIRY (Psi accident) $
PROPERTY DAMAGE
(Pet accident) $
Deductible $ See below
c
E
-X
UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS-MADE
Y Y NHA603485
CSX800012302
' 'riizoza
11/1/2024
11/1/2025
11/1/2025
EACH OCCURRENCE $10,000,000
AGGREGATE $10,000,000
DED I I RETENT_ON $ $
A WORKERS COMPENSATION
AND EMPLOYERSa LlABILITf Y , N
":';'e%W'aoW"x'c"%'::EcuT'vE @(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
Y 24KWSO9907 11/1/2024 1i/1/2025 " I STATIITE I I \R' E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1 ,000,000
E.L. DISEASE - POLICY LIMIT $I:OO0,000
F Professional Llablllty
Pollution Liability
"mold{fungus included"
Y Y
CPPLDOOO128301 11/1/2024 11/1/2025 Each ClaimlAggrsgate Each Occ/Aggregate
$5,000,000
$15,000,000
DESCRIPTIONOFOPERATIONS/LOCATIONSIVEHICLES (ACORD101,AdditionalRernarksSchedule,maybiattachedifmorispaceisrequired) """""Workers Compensation and Employers' Liability Policy Includes USL&H """""" "Comp/Coll Deductible $500 for all vehicles exception $5,000 for heavy trucks $2,000 for Light & Medium Trucks' RE: Silverado project #24-0052 - Building B114 Demo ADDITIONAL INSURED(S): City of Alameda,, its City Council, boards, commissions, officials, employees, agents and volunteers aL(;
4/28/2025
CERTIFICATE HOLDER CANCELLATION
City of Alameda
950 West Mall Square, Suite 205
Alameda CA 94501
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AuTHORIZEDREPRESENTATlVE '
4b g ;e7
@ 'l 988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 54 Docusign Envelope ID: 61 8C
POLICY NUMBER: 60040093 COMMERCIAL GENERAL LIABILITY CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations Where required by written contract All Locations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 0413 @ Insurance Services Office, Inc., 2012 Page I of 2 55 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C POLICY NUMBER: 60040093
C. With respect to the insurance afforded to these additional insureds, the following is added to
Section Ill- Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits or
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Dedarations.
56 Docusign Envelope ID: 61 18C
POLICY NUMBER: 60040093 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - COMPLETED 6PERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Where required by vritten contract All Locations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or 'property damage' caused, in whole or in part, by "your work' at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard'.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a oontract or agreement, the
insuran> afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the amount of insurance:
1. 2.
Required by the contract or agreement; or
Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurqnoe shown in the Declarations.
CG 20 37 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 1 57 Docusign Envelope ID: 61 18C
POLICY NUMBER: 60040093 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of I 58 Docusign Envelope ID: 61 18C
POLICY NUMBER: 60040093 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
The projects as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur-
rences" under Section I- Coverage A, and for all
medical expenses caused by accidents under
Section I- Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard", and for medi-
cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to the appli-
cable Designated Construction Project Gen-
eral Aggregate Limit.
CG 25 03 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 2 Cl 59 Docusign Envelope ID: 61EC[)CA6-BA46-40AO-AFCB-2029F326018C POLICY NUMBER: 60040093
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur-
rences" under Section l- Coverage A, and for all medical expenses caused by accidents under
Section l- Coverage C, which cannot be attrib-
uted only to ongoing operations at a single des-
ignated construction project shown in the Sched-
ule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will still be deemed to be the same construction
project.
E. The provisions of Section Ill - Limits Of Insur- ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
60 Docusign Envelope ID: 61ECDCA6-BA46-40AO-AFCB-2029F326018C POLICY NUMBER: 60040093 SDOOOI 0110
SUPPLEMENT AL FORM DECLARATION FOR CG2503 0509
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
SCHEDULE
Designated Construction Project(s):
Any construction project(s) for which you have agreed to provide a separate General %gregate Limit pursuant to a fully executed written contract or written agreement, provided that such contract or agreement was executed prior to the date of the "occurrence" loss, injury or damage, and subject to the Policy Annual Aggregate Limit, as applicable.
SDOOOI 0110 Allied World Insurance Company ("AWIC") Page I of 1 61 Docusign Envelope ID: 61 E 8C
POLICY NUMBER: 60040093 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF REUU!/hRY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Orgamzation:
Any person or organization against vhom you have agreed to vaive your ri.ght of recovery in a fully executed vritten contract or vrittan agreament, provided sud contract or agreement vas executed prior to the date of the "occurrence", loss, injury or dgnage.
Information required to mmplete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Agamst Others To Us of
8edion IV - Conditions:
We waive any right of recovery we may have against the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
'your work' done under a contract with that person or organization and included in the 'products-
completed operations hazard'. This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 at 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 0 62 Docusign Envelope ID: 61 i8C
POLICY NUMBER: 60000436 COMMERCIAL AUTO
CA 20 481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Silverado Contractors Inc
Endorsement Effective Date: 1 1/1/2024
SCHEDULE
Name Of Person(s) Or Organization(s):
Where required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph 0.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA20481013 @ Insurance Services Office, Inc., 2011 Page I of I 63 Docusign Envelope ID: 61 18C
POLICY NUMBER: 60000436 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY SCHEDULE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Where required by written oontract
Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person(s) or organization(s) shown in the Schedule above will be primary to, and non-contributory with, any other insurance available to such person or organization in the event a written contract or written agreement you enter into requires you to furnish insurance to such person or organization of the type provided by this policy.
CA 00033 00 (11 /1 5)
64 Docusign Envelope ID: 61 8C
POLICY NUMBER: 60000436 COMMERCIAL AUTO
CA 04 441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Silverado Contractors, Inc.
Endorsement Effective Date: 1 1/ 1 /2024
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization against whom you have agreed to waive your right of recovery in a written contract provided such contract was executed prior to the date of loss.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
CAO4441013 @ Insurance Services Office, Inc., 2011 Page 1 of 1 65 Docusign Envelope ID: 61 2029F32601 8C
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from
anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately
segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation
premium otherwise due on such remuneration.
SCHEDULE
Person or Organization
Any person or organization for whom the insured,
has agreed by written contract to fumish this
waiver
Job Description
Where required by written contract
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy.
Endorsement Effective November 1, 2024
Insured Silverado Contractors, Inc.
CountersignedBy &S rill"ki'fflOgsf'b
Policy No. 24KWSO9907
Endorsement No. 6
AJ Gallagher/San Francisco
WC 04 03 06 (04 84)
66 Bond No. 070223488
Premium: $16,338.00
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312 Performance Bond
CONTRACTOR:
(Name, legal status and address)
Silverado Contractors, Inc.
2200 Powell Street, Suite 800
Emeryville, CA 94608
OWNER:
(Name, legal status and addl"ess)
City of Alameda
950 West Mall Square, Suite 205
Alameda, CA 94501
CONSTRUCTION CONTRACT
Date;
SURETY:
(Name, legal status and p1·incipal place of business)
Liberty Mutual Insurance Company
One Embarcadero Center, Suite 1320
San Francisco, CA 94111
Mailfng Address for Notices
One Embarcadero Center, Suite 1320
San Francisco, CA 94111
This document has important legal
consequences. Consul tation with
an attorney is encourageo with
respect to its completion or
modification.
Any singular reference to
Contractor. Surety, Owner or
other party shaH be considered
plural where applicable.
Amount: $1,648,525.00 One Million Six Hundred Forty Eight Thousand Five Hundred Twenty Five AND 00/100 Dollars Description:
(Name and /ocalion)
Emergency Demolition Services for Building 114 and Building 191 2450 Saratoga Street, Alameda CA 94501
BOND
Date: November 19, 2024
(Not ea1·lier them Construction Contract Date)
Amount: $1,648,525.00 One Million Six Hundred Forty Eight Thousand Five Hundred Twenty Five AND 00/100 Dollars Modifications to this Bond: I!] None D See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Co1porate Seal) Company: (C01porate Seal)
Silverado Contractors, Inc. Liberty Mutual Insurance Company Signature:
->..�-'-------,r-=1,-...CC=------:;, ...... --
Name
and Title:
(Any additional signatures appear on the last page of this Pe1formcmce Bond.) (FOR INFORMA710N ONLY -Name, address and telephone)
AGENT or BROKER:
Arthur J. Gallagher Risk Management Services, LLC
595 Market Street, Suite 2100
San Francisco, CA 94105
(415) 391-1500
S-1852/AS 8/10
OWNER'S REPRESENTATIVE:
(Architecl, Engineer or othel' party:)
§ 7 If the Surety elects to act undel' Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Const111ction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for cotTection of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or ifno liquidated damages are specified in the Constmction Contract, actual damages caused by delayed performance or non-perfmmance of the Contractor.
§ 8 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall acc111e on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or pmt of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the prnvisions of this Paragraph are void or prnhibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constmction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be constmed as a statutory bond and not as a common law bond, § 14 Definitions
§ 14, 1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Constmction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made lo or on behalf of the Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement end the Contract Documents. § 14.3 Contractor Default Failure of the Contractot', which has not been remedied or waived, to perform or otherwise to comply with a matel'ial tenn of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to pcl'form and complete or comply with the other material tenns of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tenn Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8/10
§ 16 Modifications to this bond are as follows:
{Space is provided below for additional signatures of added ponies, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature: --------------------Name and Title:
Address
S-1852/AS 8/10
SURETY
Company:
Signature:
Name and Title:
Address
(Corporate Sea{)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ______ A_l_am_e_da _____ �)
On�� \Cl f '2.,VLL\ before me, _____ C_o u_rt_n_e"'-y_C_he_w_,_N_o_ta_ry ___ P_ub_li_c ___ _ (insert name and title of the officer)
personally appeared Thuyduong Le
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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
�-···········-1
,,, COURTNEY CHEW
� _. Notary Public - California
�
� • Contra Costa County i'i 2 't , Commission# 2448287 - �,,.,,, •• ,• My Comm. Expires May 2'l, Z027
�Libert:x
�Mutual
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8212015 - 024125
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Betty L.
Tol entino, Brian Cooper, Brittany Kavan, Courtney Chew, Forrest Chamberlain, Janet C. Rojo, Julia Ortega, K. Zerounian, Kevin Re, M. Moody, Maria D. Reynoso, Maureen O'Connell, Misty R. Hemje, Robert P. Wrixon, Susan Hecker, Susan M. Exline, Thuyduong Le, Tina K. Nierenberg, Virginia L. Black all of the city of Walnut Creek state of CA each individually ift here be more than one named, its true and lawful attorney-in-fact to make, execute, seal. acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this�day of June .�.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
i .,,���"' u ro -�-- David M. Carey, Assistant Secretary o- � ,t=- ro State of PENNS YLVANIA _!;;:,
� � County of MONTGOMERY ss
2 j
� � On this 24th day of June , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance � <I) � ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes �@ � i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � f -_ il IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. � c- 00 ro w � ..Q � Commonwealth of Pennsylvania - Notary Seal �
(I) 0 Teresa Paslella, Notary Public A---..
g � ·ro
- Q)
Montgomery County {I/ 1 � . • . 1 // -/- ,1 / .._ E 0 - My commission expires March 28, 2025 By: � � .8 Q) C t'O � � Commlssionnumber1126044 -d---::--,--::---:-:-.,--::-...,.-:-:-------------1<{ ,._ (I)_:: ,i._ ""-._���c, Member, Penns�vama Assoc,ation of Notanes Teresa Pastel la, Notary Public ._ 0o � � ..:'-?;qFIY pv�..., o -st ,._ '-N .g1 $ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual � oc;> � .Sc_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
(?__ � ._ $ ARTICLE IV- OFFICERS: Section 12. Power of Attorney. 0 0 S2 � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the � ..- }i1 r,- President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety � � g? ffi any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c � 0 t: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § Q) z i3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � � provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � � ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of November , � �u,-By:�
"'R-en-'e'-e-=c.-. "'Ll,...ew..;;.e""ll
,...
yn-,...,.A -ss
..,.
is..,.ta_n.,..t ""Se_,c..,.re,.,.ta_
ry
________ _
LMS-12873 LMIC OCIC WAIC Multi Co 02121
Bond No. 070223488
Premium included in Performance Bond
Document A312 TM - 2010
Conforms wlth The American Institute of Architects AIA Document 312 Payment Bond
CONTRACTOR:
(Namf!, /f!ga/ status and address)
Silverado Contractors, Inc.
2200 Powell Street, Suite 800
Emeryville, CA 94608
OWNER:
(Name, legal status and address)
City of Alameda
950 West Mall Square, Suite 205
Alameda, CA 94501
CONSTRUCTION CONTRACT
Dale:
SURETY:
(Name, legal status and principal place of business)
Liberty Mutual Insurance Company
One Embarcadero Center, Suite 1320
San Francisco, CA 94111
Mailing Address for Notices
One Embarcadero Center, Suite 1320
San Francisco, CA 94111
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modlflcation.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Amount: $1,648,525.00 One Million Six Hundred Forty Eight Thousand Five Hundred Twenty Five AND 00/100 Dollars Desmiption:
(Name and location)
Emergency Demolition Services for Building 114 and Building 191 2450 Saratoga Street, Alameda CA 94501
BOND
Date:
(Not earfier ihan Construction Contract Dale)
Amount: $1,648,525.00
Modifications lo this Bond:
One Million Six Hundred Forty Eight Thousand Five Hundred Twenty Five AND 00/100 Dollars [2g None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Silverado Contractors, Inc.
D See Section 18
SURETY
Company: (Corpnrate Seal)
Liberty Mutual Insurance Company
Name
fr �I 4and Title:
(Any addi ional signatures appear on the las/ page of this Paymem Bond.) (FOR INFORMATION ONLY -Name, address and telephone)
AGENT or BROKER:
Arthur J. Gallagher Risk Management Services, LLC
595 Market Street, Suite 2100
San Francisco, CA 94105
(415) 391-1500
S-2149/AS 8/10
OWNER'S REPRESENTATIVE:
(Architect, Engineer or olher party:)
§ 1 The Contractor and Surcty,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following tcims.
§ 2 Ifthc Contractor promptly makes payment ohll sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Consb·uction Contract, then the Surety and the Contractor shall have no obHgation under this Bond. § 3 If there is no Owner Default under the Const.ruction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly noti lied the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or Lhe Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Ovmer has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold hmm less the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days aller having last perfo1med labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described i_n Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by lhe Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a Wl'itten notice ofnon-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5. I or 5.2, whichever is applicable, the Surety shall promptly and al the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt oftl1e Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or an-ange for payment ofany undisputed amounts. § 7.3 The Su!'ety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waive!' of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payment.� made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contr-.ictor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Conu·actor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
S-2149/AS 811 0
§ 10 The Surety shall not be liable to the 0\¥ner, Claimants or others for obligations of the Contractor-that are unrelated to the Construction Contract.
The Ovmcr shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contrnct is located or afler the expiration of one year from the date (I) on which the Claimant sent a Claim to the Surety pursuant to Section S.l.2 or 5.2, or (2) on which the last labor or seivice was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutmy or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated hernin. When so furnished, the intent is that this Bond shall be construed as a statuto1y bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall pennit a copy to be made.
§ 16 Deflnmons
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom lhc labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was fumished for use in the perf01mance of the Construction Contract;
.4 _ a brief description of the labor, materials or equipment furnished; ,5 the date on which the Claimant last perfonned labor or last furnished materials or equipment for use in the perf01mance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnance of the Constmction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. TI1e intent of this Bond shall be to include without limitation in the te1ms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractol''s subcontractors, and all other items for which a mechanic's lien may be Hsserted in the jurisdiction where the labor, materials or equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contrnctor identified on the cove!' page, including all Contract Documents and all changes made to the agreement and the Contract Documents.
S-2149/AS 8/10
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to pcrfonn and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows:
{Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature: ____________________ _
Name and Title:
Address
S-2149/AS 8110
SURETY
Company: (Corporate Seal)
Signature: ____________________ _
Name and Title:
Address
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ______ A_l_a_m_e_d_a ____ _,)
On tJc ve.l\l'hctr L9 1 202....'::l before me, _____ C_o_urt_n_ e-=--y_C_h_ew""'"',_N_o_ta_ry=-----P_ub_li_c ___ _ (insert name and title of the officer)
personally appeared Thuyduong Le
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/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature � (Seal)
······••·�
COURTNEY CHEW l
Notary Public - California -
Contra Costa County i
Commission# 2,148287 -
y Comm. Expires May 29, 1027
f.,Liher1:J.
\PMutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8212015 - 024125
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Betty L.
Tolentino, Brian Cooper, Brittany Kavan, Courtney Chew, Forrest Chamberlain, Janet C. Rojo, Julia Ortega, K. Zerounian, Kevin Re, M. Moody, Maria D. Reynoso, Maureen O'Connell, Misty R. Hemje, Robert P. Wrixon, Susan Hecker, Susan M. Exline, Thuyduong Le, Tina K. Nierenberg, Virginia L. Black all of the city of Walnut Creek state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Compani es have been affixed thereto this 24th day of June , 2024 .
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
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� By: 2j/� /, :z :�_§ _ � ---- David M. Carey, Assistant Secretary g-_a'a ro State of PENNSYLVANIA ss ·- :::s � � County of MONTGOMERY .Q ii � On this 24th d ay of June , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ a> � rn Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrume nt for the purposes �@ 2 � therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � (§) i� � _ -o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. <CU::
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.Q � Commonwealth of Pennsylvania - Notary Seal ';:2:<ll O Teresa Pastella, Notary Public ,,;-......__ i
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f eresa Pastella, Notary Public � oo_ ..:._s;;---�'-r. � Member, Pennsylvania Assoc1at1on of Notanes -.- � � 4RY� o -.;t-._ ._N
.g12 This Power of Attorney is made a nd executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual � °r1 � .!:_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: &_ � ._ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 0 � J? � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a ..- :g (j' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety � � ! � ���e
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z i3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � � provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � � ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of November , �- �•U,.-. By: =-��....,,....,-,--.....,,.............,..-c-:--,-,,....--,-------- Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
§ 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Constmction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. lf the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees othe1wise, any conference requested under this Section 3.1 shall be held within ten (IO} business days of the Surety's receipt of the Owner's notice. lfthe Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default;
,2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the tenns of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the patt of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
§ 5.1 Ammge for the Contractor, with the consent of the Owner, to perfoim and complete the Construction Contract; § 5.2 Unde1take to perfonn and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perfotmance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun·ed by the Owner as a result of the Coritractor Defoult; or
§ 5.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
.1 After investigation, detennine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perfonn its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment 01· the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
S-1852/AS 8/10
Gallagher
Insurance I Risk Management I Consulting
Via Federal Express Priority Overnight
November 19, 2024
Lyndsey Clark-Garza
Silverado Contractors, Inc.
2200 Powell Street, Suite 800
Emeryville, CA 94608
RE: Bond No. 070223488
City of Alameda
Arthur J. Gallagher Risk Management Services, LLC M - 9 2 5. 9 5 3. 5 28 9 2121 N. California Boulevard, Suite 350 F - 9 2 5. 2 9 9. 0 3 2 8 Walnut Creek, CA 94596 a jg.com
CA Lie # 0D69293
United States
Emergency Demolition Services for Building 114 and Building 191 Dear Lyndsey:
Enclosed are the duly executed Performance and Payment Bonds executed in One (1) Counterpart as respects to the above referenced bond.
Our New Business Invoice will be sent separately via email.
Please let us know if you should have any questions.
Thuydu'"o">""""'e---:� lst
Senior Surety Client Service Manager
(415) 288-1646
Thuy [email protected]
Ends.