Exhibit 1: Agreement — Alameda City Council, September 2, 2025

Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 1 Version 3-5-25

CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of September 2025, by and between the CITY OF ALAMEDA, a municipal corporation (“the City"), and MARK LEE & YONG KAY, INC., DBA B AY CONSTRUCTION CO, a California corporation whose address is 4026 MARTIN LUTHER KING JR. WAY, OAKLAND, CA 94609, (“Contractor”), in reference to the following:

RECITALS:

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

B. The City is in need of the following services: Renovation and upgrades to improve the safety, security and aesthetics of the Civic Center Parking Structure. City staff issued an IFB on Friday, May 2, 2025, after a submittal period of 30 days received 2 timely submitted bids, and the bids were opened on JUNE 2, 2025. Staff reviewed the bids and selected the lowest responsive and responsible bidder.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

D. Whereas, the City Council authorized the City Manager to execute this agreement on September 2, 2025.

E. The City and Contractor desire to enter into an agreement for renovation and upgrades to improve the safety, security and aesthetics of the Civic Center Parking Structure, upon the terms and conditions herein.

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

1. TERM:

Contractor shall have 120 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 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 EXHIBIT 1
Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 2 Version 3-5-25

Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.

3. COMPENSATION TO CONTRACTOR:

Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.

Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.

However, 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 $1,426,000, with a 10 percent contingency in the amount of $142,600 for a total not to exceed of $1,568,600. Use of contingency shall be for items of work outside the original scope and require 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 prim e contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime 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 contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not 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 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 3 Version 3-5-25

1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of seven hundred DOLLARS ($700) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.

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

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

5. STANDARD OF CARE:

Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.

Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the 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.

Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
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6. INDEPENDENT PARTIES:

Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 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 conduct, 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, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. 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 permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, o bligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 5 Version 3-5-25

Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

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

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

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (3). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a 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) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other

Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
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If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.

(3) Automotive:

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

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.

c. SUBROGATION WAIVER:

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor 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.
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 true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted.

If a Provider is using an Excess Liability policy
to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.

11. BONDS:

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

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

Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.

12. PROHIBITION AGAINST TRANSFERS:

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

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

13. SUBCONTRACTOR APPROVAL:

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

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

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

14. PERMITS AND LICENSES:

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

15. REPORTS:

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

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

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

16. RECORDS:

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 performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance 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 under this Agreement.

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

If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

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

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

City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Ricardo De La Torre, City of Alameda, Public Works Department Ph: (510) 919-9348
Email: [email protected]

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

Mark Lee & Yong Kay, Inc. DBA Bay Construction Co.
4026 Martin Luther King Jr. Way
Oakland, CA 94609
ATTENTION; Yong Kay
Ph: (510) 658-7225
Fx: (510) 658-4890
Email: [email protected]
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
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18. SAFETY:

Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

Contractor will immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit t o the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) 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:

During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be 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, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless 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 (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

21. PREVAILING WAGES:

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
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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
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.

b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html

c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public- Works/Certified-Payroll-Reporting.html

d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, 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.

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) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

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

Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.

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

24. APPRENTICES:

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

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

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.

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

25. LABOR DISCRIMINATION:

No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this s ection 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; sh ovel or vacuum saw-cut slurry and remove from the site.)
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.

The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.

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

Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 14 Version 3-5-25

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 Crust Ordinance.

29. PURCHASES OF MINED MATERIALS REQUIREMENT:

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

Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.

30. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:

Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“CARB Regulations”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates o f Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the 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 failure or alleged failure to comply with the CARB Regulations.

31. 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 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 15 Version 3-5-25

by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.

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

32. ATTORNEYS’ FEES AND COSTS:

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

33. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim.

b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.

c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).

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

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

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

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.

34. 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.

35. ADVERTISEMENT:

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

36. 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.

37. INTEGRATED CONTRACT:

Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the part ies hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
PW No. 04-25-07 17 Version 3-5-25

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.

38. 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.

39. 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.

40. 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.

41. 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.

42. CONTROLLING AGREEMENT:

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

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6

MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO.

BIDDER: PROPOS..I,L FOR PW 0.1-25-07
5 BID PROPOSAL TO THE CITY OF ALAN{EDA
NAME OF BTDDER lvlARK LEE & YONG KAY, lNC., DBA BAY CONSTRUCTION CO BUSINESS ADDRESS 4026 MARTIN LUTHER KING JR. WAY
CITY. STATE. ZIP OAKLAND, CA 94609
TELEPHONE NO: AREA CODE ( 510 ) 658-7225
The Work for which this proposal is subrnitted is for construction in accordance r.vith the Contract Documents.

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

Civic Center Parking Structure Renovation
PW No 04-25-07
CIry OF ALAMEDA

ALAMEDA COUNTY, CALIFORNIA
Bids are to be submitted for the entire Wort. The arnount of the bid for comparison purposes will be the total of bid items. including revocable bid iterns.

Bid bond or

BIDDER'S BOND
check. Accornpanying this proposal is
Cashier's Check,[Insert: Cash S
Certified Check, or Bidder's Bond. as the case may be] in an amount equal to at least 109/o of the total of the bid.

Execution within ten days. Tire Bidder agrees to execute the required contract(s). rvith necessary bonds, within ten calendar days of notit-rcation that the City has accepted the bid and the con-tract is ready for signature. If the Bidder fails to do so, the City may. at its option. determine that the Bidder has abandoned the contract. The penalry for default is forfeirure to the City of Alameda of the proceeds of the proposal guarantee accompanying this bid.

Addenda. This proposal is submitted to include the chan-9es to the Contract Documents as Addendurnnumbers /\One [Fill in if addenda have been
issued.] If addenda issued, print, sign and date each addenda and include with this bid proposal.

Warning. If the City has issued an addendum or addenda. the City may reject this Proposal if all addenda are not noted above as being received by the Bidder.

License. The Bidder is licensed in accordance with the State of California Contractor's License Law.

License tr1o. cslb 593411

12. EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO.

BIDDER: PROPOSAL FOR PW 04-25-07
class A, B, C27, C33
Expiration pslg 05/3112026
Bidder's status. If an individual. so state. If a firm co partnership, state the firm name and give the names of all individuals or copartners composing the firm. If a corporation, state legal names of corporation and also names of President. Secretary, Treasurer and Manager.

The names of all persons interested in the Bid Proposal as principals are as follorvs:

I Note: If Bidder or other interested person is a corporation. state legal nalne of the corporation. also names of the president, secretary. treasurer, and manager; if a co-partnership, state name of finn. also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full. Use additional pages if necessary.] MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO.

Documents included in Bid Proposal and Schedule. The follolving are attached and included in the Bid Proposal and Schedule:
& 5 Bid Proposal
X 5-1 Bid Schedule
X 5-2 Proposed Subcontractor Form
X 5-3 NOT USED
X 5-4 Non-collusion Declaration
X 5-5 Questionnaire to General Contractors
X 5-6 Bidder's Statement of Financial Responsibility, Technical Ability and Experience X 5-7 Bidder's Bond
X 5-8 Bidder's Request for Material Substitution
X 5-9 Guaranty
X 5-10 Executed Agreement to be Bound to Project Stabilization Agreement.

Signature. Under penalty of perjury, I declare that to the best of my knolvledge and belief: the representations made in these Bid Documents are true, correct and complete.

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

YONG KAY 51 06587225
4026 MARTIN LUTHER KING JR. WAY, OAKLAND, CA 94609
2025DATED: JUNE 2
13 EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO.

BIDDER: PROPOSAL FOR P\V 04-25-07
5-1 BID SCHEDULE FOR CTVIC CENTER PARKING STRI,ICTURE RENOVATION TO: CITY COLINCIL. CITY OF ALAMEDA, CALIFORNIA
The undersigned Bidder declares that Bidder has carefully examined the Project Manual, and is satisfied as to the field conditions the Bidder rvill encounter. The Bidder proposes to flirnish all materials, labor and equipment and to do all Work required to complete the Work in accordance rvith the Project Manual, for the prices set forth in the follorving schedule (includin-e all applicable taxes):

PLEASE PROVIDE A LIJ}IP SI.IM BID PRICE FOR THIS PROJECT (ENTER BELO}V) AND ATTACH A SCHEDULE OF VALI.IES TO YOfTR SUB},IITTAL _ CONIPLETE FOR ALL BID ITENIS L\ICLTIDING NIOBILIZATION, GENERAL CONDITIONS I RTQUIRENIENTS, O\'ERIIEADS & PROFIT, AND TAXES.

LUT,IP SUNI BASE BID PROPOSAL:

BID ALTERNATES PROPOSAL:

Lump Sum Base BitI
Total:
(numbers) + t.z++. oo c
Lump Sum Base Bicl
Total:
(rvords)
67\l-ryrr"t tzz.n llyae-l,wA*J
!*oS, -(-, rn +$tt't'/rLt J r\Uvv
I
Provide all labor, materials. and equipmert necessary to restore the existing "Parking/Civic Center" neon marquee sign at the Oak Street entrance to its original, fully operational condition. Scope includes repair or replacement of darnaged neon tubing. electrical components. and ary structural elements required to ensure ftill ftinctionality and historical accuracy.

Blrl Alternate No.1
Total (numbers): 1r t-7 ,c:o r:

C4:

BkI Alternate No.l
Total (rvords): kvq,uk^., #leuztn-l
2 Provide all labor, materials, and equipment recessary to surface prep and paint the exterior rvall surfaces facing the CVS parking lot (north elevation) and Oak Street (rvest elevation).

The purpose is to restore the existing finisli and enhance the overall aesthetics of the facility.

Bid Alternate No.2
Total (nurnbers): + 6g-coD
Bid Alternate No.2
Total (rvords): * Wu {il *hu.^/2."-tt -
l,l

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO.

BIDDER: PROPOSAL FOR P\Y 04-25-07
Entire Work. Bids are required for the entire Work. including the altemative bid items if any. The amount of the bid for the purposes of the arvard will be the total of the amount of all the base bid items. The City rvill determine rvhich additional altemate(s), if any. rvill be arvarded. All iterns are based on an "in place" condition.

Item price and total. The Bidder shall set forth for each unit basis item of Work an item price and a total for the item, and tbr each lump sum item a total for the item. all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items. the amount set forth under the "total" column shall be the extension of the itern price bid on the basis of the estimated quantity for the item.

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

Quantities. The foregoing quantities are approximate only. being given as a basis tbr the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of Work rvill correspond with the quantities, but reseryes the right to increase or decrease the amount of any class or portion of the Work, or to omit any portion(s) (this includes complete base bid iterns) of the Work, as the Engineer deems necessary or advisable, at the contract price. Price negotiations on the contract prices are optional if the actual amount of Work is different from the above estimates by 25% or greater.
15 EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 BIDDER: MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO PROPOSAL FOR P\Y 04.25_07 5,2 PROPOSf,D SI;BCONTRJ{CTOR FOL\I
SUBCO\TRACTOR'S \AME CA LICENSE NO. BUSI\ESS ADDRf,SS DESCRIPTIO\ OF

WORIVCONTRACT BID ITEM
DIRNO.
'TL (, r,n. +\\9I)t{ot{
t&)J sr:[\ev:+. 5,1e.*o
Low:oro\ CA qq52c> €le.c*r lc <i\ * l-0oooo tr LL
ft &o Ao\ovttr,r\nc,
(r€*(- CovnQcrw! *\r.l,ru Bto Wo..rrnthn $uenrr<,
A€Aurllt utY, CA t(o66
P'ott -u P
G"U.
r+ kxpcptl^ll&
*Bsstrz
[Av L tos rv\c.
'3
Fenc
r+ \00006 SL.t6Lqlq 5an ?qrryron,Vrr.tte.;u
BrvD-34Le q,r* L6r1
SaYr'lhmor.,' i rt s8'5
--
(Tltisform nrcn,be duplicated if trc.cesset.t' to list rrdditiortol ,sttbcotttractors) Signed
l6

EXHIBIT A

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION
Biddel
co.

Proposal fot PW NO. 04-25-07
5-4 NON-COLLUSIONDECLAR{TION
Title 23 United States Code section 112. and
PCC section 7106
The undersigned declares

PRESIDENT MARK LEE & YONG KAY INC DBA BAY CONSTRUCTION CO I am the of the party making the fore-eoing bid
The bid is not made in the interest of, or on behalf of. any undisclosed person. partnership, company, association, organization. or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sharn bid. Tlie bidder has not directly or indirectly colluded, conspired. connived, or agreed rvith any bidder or anyone else to put in a sham bid. or to refrain frorn bidding. The bidder has not in any manner, directly or indirectly, sought by agreement. communication, or conference u,ith anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All staternents contained in the bid are true.

The bidder has not. directly or indirectly, submitted this bid price or any breakdor,vn thereof, or the contents thereof, or divulged infonlation or data relative thereto, to any corporation, partnership. company. association. organization, bid depository. or to any member or agent thereoi to effectuate a collusive or sham bid, and has not paid. and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership. joint venture, limited liability company, limited liability par-tnership, or any other entity, hereby represents that he or she has full power to execute, and does execute. this declaration on behalf of the bidder.

I declare under penalty of perjury under the larvs of the State of California that the foregoing is true and correct and that this declaration is executed on JUNE 2 zoLQ at OAKLAND city), California."
(Signature of representatlve of Bidder)
(
t8

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 _.. MARK LEE & YONG KAY, tNC., DBA BAY CONSTRUCTTOBidder N CO.Ploposal for P\\'NO. 04-25-07 5-5 QUESTIONNAIRE TO GENER{.L CONTRA.CTORS
L Bid depository or registry services. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? YES[ ] Notxl
If the ansrver to No. I is "yes," please fonvard a copy of the rules of each bid depository you used rvith this questionnaire.

Other source of subcontractors. Did you have any source of subcontractor bids other than bid depositories?
2 YES XI No[ ]
-1 Threats of boycott or other sanctions. Has any person or group threatened you rvith subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depository? YESI ] No xl
If the answer to No. 4 is "yes," please explain the follorving details:

Date:

Name of person or group:

Job involved (if applicable):

Nature of threat:

Additional comrnents (use additional paper if necessary):

Disqualification or removal. Have you, any officer of Bidder, or any employee rvho has a proprietary interest in Bidder ever been disqualified. removed, or othenvise prevented from bidding on, or completing a federal, state, or local goverrunent project because of a violation of larv or a safety regulation? If so, explain the circumstances. (PCC $ 10162.) YES[ ] NO tX]
Federal court action. No more than one final, un-appealable finding of conternpt of court by a federal court has been issued against the Bidder rvithin the irnmediately preceding tlvo-year period because of the contractor's failure to comply rvith an order of a federal court which orders the contractor to comply rvith an order of the National Labor Relations Board. (For purposes of this section. a finding of contempt does not include any finding which has been vacated. disrnissed. or othenvise removed by the couft because the contractor has complied rvith the order rvhich rvas the basis for the tinding.) (PCC $10232.) a,
b.
c.
d.
e.

4. 5
TRUE? tX
l9

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6

6. Bittler tlqr lLt-0e i Yon$ &Ag, rna rrgtvuctian Co . Ploposal fol PW NO. 04-25-07 No convictions. Neither the Bidder nor any proposed subcontractor (nor the partner, member, officer, director, responsible ruanaging officer, or responsible managing employee of either of them) has been convicted of any of the follorving offenses: fraud, bribery, collusion, conspiracy, bid-rigging. price-fixing or any other act in violation of any state or federal antitrust or public corruption larv in connection rvith the bidding upon, award of, or performance of, any public works contract with any public entity. (PCC $10285.1.) rRUE? xl
The Bidder and all subcontractors are registered rvith the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors rnust furnish electronic certitled payroll records directly to the Labor Comrnissioner (aka Division of Labor Standards Enforcement).

TRUE X

8. Litigation. Please provide the follorving information on all state or federal litigation in which Bidder or any proposed subcontractor rvas a narned party:
a. Case name
b. Case location (including county and state for state litigation, or district for federal litigation) c. Year case rvas filed
d. Whether case is pending or resolved
SIGNED:

Please return this form rvith your bid proposal.
7 20

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO
Bidder' Proposal for PW NO. 04-25-07
5-6 BIDDER'S STATE1VIENT OF FINANCIAL RESPONSIBILITY TECHNICAL

ABILITY AND EXPERIENCE
The Bidder is required to state rvhat rvork of a similar character to that included in the proposed contract the Bidder has successfully perfonned and give reference rvhich rvill enable the City Council to judge his responsibility, experience skill, and business standing.

The Bitlder shall have at least five years of experience as a licensed Contractor and shall submit with the bid a list of five similar installations in the Bay Area installetl tluring the five-year periotl.

The Bidder shall subrnit rvith the bid proposal a statement of the rvork of a similar size and character to that included in the proposed contract rvhich the Bidder has successfully performed.

Agency for Whom
Work Was Done
Contact Name rv/
Phone #
Project Completion
Date
Contract
Price

SEE ATTACHED
SIGNED:
21 EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO
Bidder Ploposal fol PW NO. 04-25-07
5-8 BIDDER'S REQTTEST FOR ilIATERIAL SI.IBSTITUTION
The Bidder has l5 calendar days after award of the contract for submission of data substantiating a request for a substitution of "an equal" item(s). (See Bid Documents. Section 3-5.) A request for a substitution of material rnust be identified on this sheet and subrnitted as part of the Bid Proposal. If no uraterial substation requests. leave the table blank. sign the form and submit u,ith bid.

The Bidder here submits a list of substitute material for consideration as "an equal".

Trade Narne/Model or Catalog Number
as Specified in Special Provisions
Substinue Trade NameiModel
or Catalog Number
Signed:
23 EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 MARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO
Biddet Ploposal fol PW NO. 04-25-07
5-9 GTTARANTEE

CITY OF ALANIEDA
A. The Bidder guarantees the construction and installation all of the Work included in this Project B. If within 12 rnonths after the City accepts the Work under the Contract:
(a) any of the materials or equiprnent prove defective; or (b) the Work as a lvhole proves defective due to faulty workmanship, material fumished or methods of installation: or
(c) the Work or any part of it fails to operate properly as originally intended and in accordance rvith the Contract Documents;
the BidderiContractor agrees to the follorving:

1. to reimburse the City, upon demand. for its expenses incumed 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 make the replacement or repairs; or

2. upon demand by the City, to replace any such material and to repair the Work completely rvithout cost to the Cify so that the Work r,vill function successfully as originally contemplated.

C. The City has the unqualifred option to make any needed replacements or repairs itself or to have those replacements or repairs done by the Bidder/Conhactor. If the City chooses to have the Work performed by the BidderlContractor" the Bidder/Contractor agrees that the Bidder/Contractor rvill make the repails and furnish the materials as are necessary, rvithin a reasonable tirne after City's demand. If BidderlContractor tails or reftises to comply rvith the Bidder/Contractor's obligations under this guaranty, the City is entitled to all costs and expeRses, including attorneys' fees. reasonably incurred by reason of that failure or refusal. 061o2t2025
BidderiContractor Date
TVIARK LEE & YONG KAY, INC., DBA BAY CONSTRUCTION CO
24 EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 rioaerilArle,lre C Yong lLqH , ttlC., DB{ tsay ConStrucjstr,,.Cqproposat fol Pw No.04-2s-0? 5-IO AGREE}IENT TO BE BOTIND TO PROJECT STABILIATIO}I AGREEI\,IENT Include this fonl in bid packaee.LllllMP SUM BASE BIDtLrrs bqlh BrdAlEruatq lq-Laq{LNa.? total $910.000 or rnore.

PROJECT STABILIZTTION AGREEMENT FOR TIIE CITY
OF ALAMEDA AGREEMENT TO BE BOI]ND
The undersigned parfy continns that it agrees and assents to cornply rvith and to be bound by the City of Alameda Project Stabilization Agreement as such Agreement may, tiom tirne to time, be amended by the parties or interpreted pursuant to its tems.

By executing this Agreement To Be Bound. the undersigned parly subscribes to, adopts and agrees to be bound by the written tenns of the legally established trust agreements, as set forth in Section 17. specilying the detailed basis upon rvhich contributions are to be made into, and benefits made out of. such Trust Fund(s) and ratifies and accepts the trustees appointed by the parlies to such Trust Fund(s) and agrees to execute a separate Subscription Agreement(s) tbr Tnist Funds when such Trust Fund(s) require(s) such docurnent(s).

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

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

Dated: otoloL/Lo}E, Project:

Yatnq lLnl, . Pret(dsytf
Authbnzed Otficer' & Trtle
$oY w Lce * Vong W*tr ,\hc,.,DBq tOZu M artin t r\r,rer taingTr. Wog r Oalc,tavd (A 74boct
C oritreeldiTE.mp tuyer$Tddre ss
estb a?q3{lL - 6to - b69 -172;5 ,
CSLB # Area Code Phone
Yo"gEagO gahoo.rou^ '4?rq5b
E-marl andior Fax3r6 .lelS -11610
to o@oo (o!,
)
DIR Prevailin*u Wa-ee Re gistration #
2-s
Motor flarner (CA) Penmt Number
0ivie Can*r r Parrr,ir.! St-ct,vr. Lsovarr;ar

EXHIBIT A
Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: C1AE3DAA-11F0-4B17-BFBA-5E52C82D9AC3 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

AUTOS ONLY
8/7/2025
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
Certificate Team
877-308-9663
916-400-2625
[email protected]
License#: 0F82764
Upland Specialty Insurance Company
16988
MARKLEE-02
Travelers Casualty Insurance Co. of America
19046
Mark Lee & Yong Kay, Inc.

DBA: Bay Construction Co.
4026 Martin Luther King Jr Way
Oakland, CA 94609
Starstone Specialty Insurance Co.
44776
State Compensation Ins Fund
35076
Ohio Security Insurance Company
24082
Axis Surplus Insurance Company
26620
916316314
A
X
1,000,000
X
100,000
Excluded
1,000,000
2,000,000
X
Y
Y
USPCL0214124
12/1/2024
12/1/2025
2,000,000
B
1,000,000
X
Y
Y
BA1W901117
11/14/2024
11/14/2025
C
X
3,000,000
X
Y
88721A244ALI
12/1/2024
Y
12/1/2025
3,000,000
D
X
9073528-2024
10/1/2024
10/1/2025
1,000,000
1,000,000
1,000,000
E
E
F
Equipment Floater
Equipment Floater
Pollution Liability
Y
Y
BKS57510053
BKS57510053
EMP20002285-06
11/1/2024
11/1/2024
8/1/2025
11/1/2025
11/1/2025
8/1/2026
Leased/Rented Equip
Deductible
Aggregate/Each Claim
$25,000
$500
$1,000,000
RE: PW No 04-25-07, CIP#: C44000 - CIVIC CENTER PARKING STRUCTURE RENOVATION 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.

See Attached...

City of Alameda Public Works Department
City Hall West
950 West Mall Square, Room 110
Alameda, CA 94501
Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 8/7/2025
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

MARKLEE-02
1 1
Inszone Insurance Services, LLC
Mark Lee & Yong Kay, Inc.

DBA: Bay Construction Co.
4026 Martin Luther King Jr Way
Oakland, CA 94609
25 CERTIFICATE OF LIABILITY INSURANCE
Additional Insured on the General Liability, Pollution Liability and Auto Liability. Primary and Non-Contributory on the General Liability, Pollution Liability and Auto Liability. Waiver of Subrogation on the General Liability, Auto Liability, Pollution Liability and Workers Compensation. Excess follows form, subject to the terms and conditions of the policy.

The aforementioned coverage is provided to the extent in the attached forms for: The City of Alameda, its City Council, boards, commissions, officials, employees and volunteers.

Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6  

      


 


                            
             

 
          
             
               
         
              

                  
                

     
      

The City, its City Council, boards, commissions, officials, employees and volunteers
Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6  

      

 


            
        
                 
     

The City, its City Council, boards, commissions, officials, employees and volunteers.

Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 CL 00 16 07 21
CL 00 16 07 21
PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR 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 Commercial General Liability insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other Commercial General Liability 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 Commercial General Liability insurance available to the additional insured.

Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
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:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

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

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

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

The City, its City Council, boards, commissions, officials, employees and volunteers .

Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Policy Number: BA-1W901117
Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 5

COMMERCIAL EXCESS LIABILITY
CX 00 01 04 13

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the company
providing this insurance. The word "insured" means
any person or organization qualifying as such under
the "controlling underlying insurance".

Other words and phrases that appear in quotation
marks in this Coverage Part have special meaning.

Refer to Section
IV – Definitions. Other words and
phrases that are not defined under this Coverage
Part but defined in the "controlling underlying
insurance" will have the meaning described in the
policy of "controlling underlying insurance".

The insurance provided under this Coverage Part
will follow the same provisions, exclusions and
limitations that are contained in the applicable
"controlling underlying insurance", unless otherwise
directed by this insurance. To the extent such
provisions differ or conflict, the provisions of this
Coverage Part will apply. However, the coverage
provided under this Coverage Part will not be
broader than that provided by the applicable
"controlling underlying insurance".

There may be more than one "controlling underlying
insurance" listed in the Declarations and provisions
in those policies conflict, and which are not
superseded by the provisions of this Coverage Part.

In such a case, the provisions, exclusions and
limitations of the "controlling underlying insurance"
applicable to the particular "event" for which a claim
is made or suit is brought will apply.

SECTION I –
COVERAGES 1. Insuring
Agreement
a. We will pay on behalf of the insured the
"ultimate net loss" in excess of the "retained
limit" because of "injury or damage" to which
insurance provided under this Coverage Part
applies.

We will have the right and duty to defend the
insured against any suit seeking damages for
such "injury or damage" when the applicable
limits of "controlling underlying insurance"
have been exhausted in accordance with the
provisions of such "controlling underlying
insurance".

When we have no duty to defend, we will have
the right to defend, or to participate in the
defense of, the insured against any other suit
seeking damages for "injury or damage".

However, we will have no duty to defend the
insured against any suit seeking damages for
which insurance under this policy does not apply.

At our discretion, we may investigate any "event"
that may involve this insurance and settle any
resultant claim or suit, for which we have the duty
to defend.

But:
(1) The amount we will pay for "ultimate net loss"
is limited as described in Section II – Limits Of
Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of insurance
in the payment of judgments or settlements
under this Coverage Part. However, if the
policy of "controlling underlying insurance"
specifies that limits are reduced by defense
expenses, our right and duty to defend ends
when we have used up the applicable limit of
insurance in the payment of defense
expenses, judgments or settlements under
this Coverage Part.
b. This insurance applies to "injury or damage" that
is subject to an applicable "retained limit". If any
other limit, such as, a sublimit, is specified in the
"controlling underlying insurance", this insurance
does not apply to "injury or damage" arising out
of that exposure unless that limit is specified in
the Declarations under the Schedule of
"controlling underlying insurance".
c. If the "controlling underlying insurance" requires,
for a particular claim, that the "injury or damage"
occur during its policy period in order for that
coverage to apply, then this insurance will only
apply to that "injury or damage" if it occurs during
the policy period of this Coverage Part. If the
"controlling underlying insurance" requires that
the "event" causing the particular "injury or
damage" takes place during its policy period in
order for that coverage to apply, then this
insurance will apply to the claim only if the
"event" causing that "injury or damage" takes
place during the policy period of this Coverage
Part.

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d. Any additional insured under any policy of
"controlling underlying insurance" will
automatically be an additional insured under
this 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 required by the contract, less any
amounts payable by any "controlling
underlying insurance".

Additional insured coverage provided by this
insurance will not be broader than coverage
provided by the "controlling underlying
insurance".

2. Exclusions
The following exclusions, and any other
exclusions added by endorsement, apply to this
Coverage Part. In addition, the exclusions
applicable to any "controlling underlying
insurance" apply to this insurance unless
superseded by the following exclusions, or
superseded by any other exclusions added by
endorsement to this Coverage Part.

Insurance provided under this Coverage Part
does not apply to:
a. Medical Payments
Medical payments coverage or expenses that
are provided without regard to fault, whether or
not provided by the applicable "controlling
underlying insurance".
b. Auto
Any loss, cost or expense payable under or
resulting from any of the following auto
coverages:
(1) First-party physical damage coverage;
(2) No-fault coverage;
(3) Personal injury protection or auto medical
payments coverage; or
(4) Uninsured or underinsured motorists
coverage.
c. Pollution
(1) "Injury or damage" which would not have
occurred, in whole or in part, but for the
actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of pollutants at any time.
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, pollutants.

This exclusion does not apply to the extent
that valid "controlling underlying insurance"
for the pollution liability risks described above
exists or would have existed but for the
exhaustion of underlying limits for "injury or
damage".
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a
workers' compensation, disability benefits or
unemployment compensation law or any
similar law.

SECTION II – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the
Declarations, and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of
vehicles involved;
c. Persons or organizations making claims or
bringing suits; or
d. Limits available under any "controlling
underlying insurance".

2. The Limits of Insurance of this Coverage Part will
apply as follows:
a. This insurance only applies in excess of the
"retained limit".
b. The Aggregate Limit is the most we will pay
for the sum of all "ultimate net loss", for all
"injury or damage" covered under this
Coverage Part.

However, this Aggregate Limit only applies to
"injury or damage" that is subject to an
aggregate limit of insurance under the
"controlling underlying insurance".
c. Subject to Paragraph 2.b. above, the Each
Occurrence Limit is the most we will pay for
the sum of all "ultimate net loss" under this
insurance because of all "injury or damage"
arising out of any one "event".
d. If the Limits of Insurance of the "controlling
underlying insurance" are reduced by
defense expenses by the terms of that policy,
any payments for defense expenses we
make will reduce our applicable Limits of
Insurance in the same manner.

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3. If any "controlling underlying insurance" has a
policy period that is different from the policy
period of this Coverage Part then, for the
purposes of this insurance, the "retained limit"
will only be reduced or exhausted by payments
made for "injury or damage" covered under this
insurance.

The Aggregate Limit of this Coverage Part applies
separately to each consecutive annual period of this
Coverage Part and to any remaining period of this
Coverage Part of less than 12 months, starting with
the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than
12 months. In that case, the additional period will be
deemed part of the last preceding period for
purposes of determining the Limits of Insurance.

SECTION III – CONDITIONS
The following conditions apply. In addition, the
conditions applicable to any "controlling underlying
insurance" are also applicable to the coverage
provided under this insurance unless superseded by
the following conditions.

1. Appeals
If the "controlling underlying insurer" or insured
elects not to appeal a judgment in excess of the
amount of the "retained limit", we may do so at
our own expense. We will also pay for taxable
court costs, pre- and postjudgment interest and
disbursements associated with such appeal. In
no event will this provision increase our liability
beyond the applicable Limits of Insurance
described in Section
II – Limits Of Insurance.

2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
b. Bankruptcy Of Controlling Underlying
Insurer
Bankruptcy or insolvency of the "controlling
underlying insurer" will not relieve us of our
obligations under this Coverage Part.

However, insurance provided under this
Coverage Part will not replace any "controlling
underlying insurance" in the event of bankruptcy
or insolvency of the "controlling underlying
insurer". The insurance provided under this
Coverage Part will apply as if the "controlling
underlying insurance" were in full effect and
recoverable.

Duties In The Event Of An Event, Claim Or Suit
(1) How, when and where the "event" took
place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any "injury or
damage" arising out of the "event".
b. If a claim is made or suit is brought against any
insured, you must:
(1) Immediately record the specifics of the
claim or suit and the date received; and
(2) Notify us as soon as practicable.

You must see to it that we receive written
notice of the claim or suit as soon as
practicable.
c. You and any other insured involved must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or suit;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the suit; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of "injury or
damage" to which this insurance may
also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.

4. First Named Insured Duties
The first Named Insured is the person or
organization first named in the Declarations and is
responsible for the payment of all premiums. The
first Named Insured will act on behalf of all other
Named Insureds for giving and receiving of notice of
cancellation or the receipt of any return premium
that may become payable.

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Page 4 of 5 ends

At our request, the first Named Insured will
furnish us, as soon as practicable, with a
complete copy of any "controlling underlying
insurance" and any subsequently issued
endorsements or policies which may in any way
affect the insurance provided under this
Coverage Part.

5. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.
e. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If
we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund may
be less than pro rata. The cancellation will be
effective even if we have not made or offered
a refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.

6. Changes
This Coverage Part contains all the agreements
between you and us concerning the insurance
afforded. The first Named Insured is authorized
by all other insureds to make changes in the
terms of this Coverage Part with our consent.

This Coverage Part's terms can be amended or
waived only by endorsement.

7. Maintenance Of/Changes To Controlling
Underlying Insurance
Any "controlling underlying insurance" must be
maintained in full effect without reduction of
coverage or limits except for the reduction of
aggregate limits in accordance with the
provisions of such "controlling underlying
insurance" that results from "injury or damage" to
which this insurance applies.

Such exhaustion or reduction is not a failure to
maintain "controlling underlying insurance".

Failure to maintain "controlling underlying
insurance" will not invalidate insurance provided
under this Coverage Part, but insurance provided
under this Coverage Part will apply as if the
"controlling underlying insurance" were in full
effect.

The first Named Insured must notify us in writing,
as soon as practicable, if any "controlling
underlying insurance" is cancelled, not renewed,
replaced or otherwise terminated, or if the limits
or scope of coverage of any "controlling
underlying insurance" is changed.

8. Other Insurance
a. This insurance is excess over, and shall not
contribute with any of the other insurance,
whether primary, excess, contingent or on any
other basis. This condition will not apply to
insurance specifically written as excess over
this Coverage Part.

When this insurance is excess, if no other
insurer defends, we may undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.
b. When this insurance is excess over other
insurance, we will pay only our share of the
"ultimate net loss" that exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of the insurance provided under
this Coverage Part; and
(2) The total of all deductible and
self-insured amounts under all that other
insurance.

9. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. If this policy is auditable, the premium shown
in this Coverage Part as advance premium is
a deposit premium only. At the close of each
audit period, we will compute the earned
premium for that period and send notice to
the first Named Insured. The due date for
audit premium is the date shown as the due
date on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records
of the information we need for premium
computation, and send us copies at such
times as we may request.

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10. Loss Payable
Liability under this Coverage Part does not apply
to a given claim unless and until:
a. The insured or insured's "controlling
underlying insurer" has become obligated to
pay the "retained limit"; and
b. The obligation of the insured to pay the
"ultimate net loss" in excess of the "retained
limit" has been determined by a final
settlement or judgment or written agreement
among the insured, claimant, "controlling
underlying insurer" (or a representative of one
or more of these) and us.

11. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a suit asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured, "controlling
underlying insurer" and the claimant or the
claimant's legal representative.

12. Transfer Of Defense
a. Defense Transferred To Us
When the limits of "controlling underlying
insurance" have been exhausted, in
accordance with the provisions of "controlling
underlying insurance", we may elect to have
the defense transferred to us. We will
cooperate in the transfer of control to us of
any outstanding claims or suits seeking
damages to which this insurance applies and
which would have been covered by the
"controlling underlying insurance" had the
applicable limit not been exhausted.
b. Defense Transferred By Us
When our limits of insurance have been
exhausted our duty to provide a defense will
cease.

We will cooperate in the transfer of control of
defense to any insurer specifically written as
excess over this Coverage Part of any
outstanding claims or suits seeking damages
to which this insurance applies and which
would have been covered by the "controlling
underlying insurance" had the applicable limit
not been exhausted.

In the event that there is no insurance written
as excess over this Coverage Part, we will
cooperate in the transfer of control to the
insured and its designated representative.

13. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be
sufficient proof of notice.

SECTION IV – DEFINITIONS
The definitions applicable to any "controlling
underlying insurance" also apply to this insurance. In
addition, the following definitions apply.

1. "Controlling underlying insurance" means any
policy of insurance or self-insurance listed in the
Declarations under the Schedule of "controlling
underlying insurance".

2. "Controlling underlying insurer" means any
insurer who provides any policy of insurance
listed in the Declarations under the Schedule of
"controlling underlying insurance".

3. "Event" means an occurrence, offense, accident,
act, or other event, to which the applicable
"controlling underlying insurance" applies.

4. "Injury or damage" means any injury or damage,
covered in the applicable "controlling underlying
insurance" arising from an "event".

5. "Retained limit" means the available limits of
"controlling underlying insurance" applicable to
the claim.

6. "Ultimate net loss" means the total sum, after
reduction for recoveries, or salvages collectible,
that the insured becomes legally obligated to pay
as damages by reason of:
a. Settlements, judgments, binding arbitration; or
b. Other binding alternate dispute resolution
proceeding entered into with our consent.
"Ultimate net loss" includes defense expenses if
the "controlling underlying insurance" specifies
that limits are reduced by defense expenses.

Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 EMP20002285-06
Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6 Policy number:EMP20002285-06
Docusign Envelope ID: 7CCF5796-0B24-46E9-8E13-A36F69144DF6

Alameda City CouncilSeptember 2, 2025

Alameda City Council
September 2, 2025