Alameda City Council
October 21, 2025

McGuire & Hester 1 Version 8-04-25

CONSTRUCTION AGREEMENT
THI
S CONSTRUCTION AGREEMENT (“Agreemen t”) is entered into this _____ day of _______ 2025, by and between the CITY OF ALAMEDA, a municipal corporation (“ the City"), and MCGUIRE AND HESTER , a California corporation, whose address is 9009 RAILROAD AVENUE, OAKLAND, CA 94603 , (“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: Construction of Es tuary Park Phase 2 Site Improvements . City staff issued a Notice Inviting Bids on Friday, July 11, 2025, after a submittal period of 28 days received 9 timely submitted bids, and the bids were opened on Thursday, August 8, 2025. Staff reviewed the bi ds and selected the lowest responsive and responsible bidder.

C. Contractor possesses the skill, experien ce, ability, background, certification and knowledge to provide the services described in this Agreement, and desires to perform and assume responsibility for those services on the terms and conditions descri bed herein. Contractor has obtained, and delivers conc urrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by this Agreement.

D. Whereas, the City Council authorized the City Manager to execute this agreement on ___________________.

E. The City and Contractor desire to enter into an agreement for Construction of Estuary Park Phase 2 Site Improvements, upon the terms and conditions herein.

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

1. TERM:

Contractor shall have 185 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 expens e, 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. Contract or acknowledges that the work plan included in 











Exhibit 1
McGuire & Hester 2 Version 8-04-25
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 reserv es the right to adjust budget with in and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed t o i n w r i t i n g .

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 sh all not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.

Total compensation for work is $4,994,000 for base bid construction cost plus $129,000 for selected Alternate 1, and $45,000 for selected Alternate 3, with an 8% percent contingency in the amount of $413,440 for a total not to exceed of $5,581,440. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

Prompt Payment Of Withheld Funds To Subc ontractors: The City shall hold retainage from the prime contractor and shall, as dete rmined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontr actor 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 approva l. 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 Bu siness 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 subcontract or in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subc ontractor performance, or (c) noncompliance by a subcontractor with the contr act, including but not limited to remedies under California Public Contract Code Section 9204. This clause a pplies 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.












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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 th e expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of Twenty Five Hundred DOLLARS ($2,500) per day as li quidated 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 pa id, 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 th e 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 pa rt, 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 a ssessed with liquida ted 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, fr eight embargoes, and unu sually 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 exte nt 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 st andards 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 s ubcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business Li cense, 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 reim bursement 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 th e adequate or timely comp letion 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 











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by the Contractor and shall not be re-employe d to perform any further services under this Agreement.

6. INDEPENDENT PARTIES:

Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contr actor. The manner and means of conducting the work are under the control of Contractor, except to the extent th ey are limited by statute, rule or regulation and the express terms of this Agreement. No civil se rvice 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 paym ents, PERS payments, or other purpos es normally associated with an employer-employee relationship from any fees due C ontractor. 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 sha ll 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 stat utorily (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 informa tion, marital status, sex, ge nder, 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 te rmination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

To the fullest extent permitte d by law, Contractor shall i ndemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents a nd volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any 











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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, recklessn ess or willful misconduct on the part of Contractor, Contractor shall have no right of reimbur sement 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 indemn ify Indemnitees if the loss or damage is found to have resulted solely from the negligen ce or the willful misconduct of the City. The defense and indemnifi cation obligations of this Agr eement 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 harmle ss Indemnitees shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:
a. On or before the commencement of the term s of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (5). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by th is 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 th e City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

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












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Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above.

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

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

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:

Legal liability required fo r hazardous materials excavation in the amount of $2,000,000 each occurrence. Additiona l Insured Endorsement naming the City, its City Council, boards, commissi ons, officials, employees, agents, and volunteers is required.
(5) Builders Risk:

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to wa ive rights of subrogation whic h 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 th e City has received a waiver of subrogation e ndorsement 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.












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d. FAILURE TO SECURE:

If Contractor at any time duri ng 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 compensa ted 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 additiona l 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 th is policy or any extension thereof. Any other insurance held by an additional insured shall no t be required to contri bute anything toward any loss or expense covered by the insurance provid ed 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 am ount 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.












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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, s ublease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, 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. Howeve r, 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 partne rship or joint venture or syndicate or cotenancy, which shall result in changing the control of Cont ractor, shall be construe d 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 th e 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 th e option of the City, be issued in the form of a Work Order.

In the event that Contractor employs subc ontractors, 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 obt ain 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 Contract or pursuant to or in connection with this Agreement shall be the exclusive property of the City.












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No report, information nor othe r data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made av ailable 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 Contract or’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 prin ciples 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, a nd gives the City the right to examine and audit same, and to make transcripts therefrom as neces sary, 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 documen ts 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 adhe re 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 deem ed 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 Contract or to the City shall be addressed to the City at:












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City of Alameda
Public Works Department, Engineering
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jay Reed
Ph: (510) 603-9541
Email: [email protected]
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

McGuire and Hester
9009 Railroad Avenue
Oakland, CA 94603
ATTENTION: Matt Finley
Ph: (510) 632-7676
Email: [email protected]

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 a pply continuously and not be limited to normal working hours. In additi on, Contractor will comp ly with all safety provisions in conformance with U.S. Department of Labor standards, Cal/OSHA requirements Act, and all other applicable fe deral, state, county and local la ws, ordinances, codes, and any regulations that may be detailed in other parts of the Agre ement. Where any of these are in conflict, the more stringent re quirements will be followed. Cont ractor’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 shall immediately notify the City ’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property dama ge that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and a ddress 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 a nd 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 decr ees of bodies or tribunals having any jurisdiction 











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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 ha ve the right to impose, at the City’s sole discretion, requirements that it deem s are necessary to protect the h ealth and safety of the City employees, residents, and visitors . Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinati ons, the use of personal protective equipment (e.g. masks), physical distancing, and health scr eenings. Contractor al so 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 Calif ornia 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 wo rks” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevaili ng 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, cla ssification, 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 proj ect site. Contractor shall defe nd, 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 INDUSTRIA L 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 pub lic work contract, unless registered with the Department of Industr ial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor co de Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html













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c. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, wo rk classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the mann er provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. S hould noncompliance still be evident after such 10- day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A cont ractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for complia nce with this section is on Contractor. The requirement to submit certified pa yroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work perfor med on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 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. The project that is governed by this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations . It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industria l Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages a nd shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. f. 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 (co mmencing at section 1810), Chapte r 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall cons titute a legal day's work. The time of service 











McGuire & Hester 13 Version 8-04-25
of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon a ny 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, wo rk performed by employees of C ontractor in excess of eight (8) hours per day and forty (40) hours during a ny 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 require d 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, Pa rt 7, Division 2 of the Labor Code, unless compensation for the workers so empl oyed 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 th e above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Coll ective 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 C ontractor or any subcontractor under it on contracts greater than $30,000 or 20 working da ys. 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 C ontractor 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 ha ve 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) Cont ractor 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 Cont ractor' required contribu tion. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.

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












McGuire & Hester 14 Version 8-04-25

25. LABOR DISCRIMINATION:

No discrimination shall be made in th e employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual or ientation or physical disability of such persons and every Contractor fo r public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.

26. REGISTRATION OF CONTRACTORS:

Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bi d on, be listed in a bid proposal, or enter into a contract to perform public work mu st be registered with the Depa rtment of Industrial Relations.

No bid will be accepted nor any contract entere d into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Notwithstanding the foregoing, the contr actor registration requi rements mandated by Labor Code Sections 1725.5 a nd 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption sp ecified in Labor Code Sections 1725.5 and 1771.1.

27. URBAN RUNOFF MANAGEMENT:

Contractor shall avoid creating excess dust wh en breaking asphalt or concrete and during excavation and grading. If water is used for dus t 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 a nd implement erosion and sed iment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site.) b. Cover exposed piles of soil or construction material wi th 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 sh all remove all debris to avoid contact with rainfall or runoff.












McGuire & Hester 15 Version 8-04-25
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 Alamed a County-Wide Clean Water Program is adequately enforced. These c ontrols should be implemented prior to the start of construction, up-graded as required, mainta ined during construction phases to provide adequate protection, and removed at the end of construction.

These recommendations are intended to be us ed in conjunction with the State’s Best Management Practices Muni cipal 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 re sult in the issuance of noncompliance notices, citations, project stop orders or fines. The fi ne for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code Section 13385.

28. COMPLIANCE WITH MARSH CRUST ORDINANCE:

Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of th e 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. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:

Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regi onal Water Quality Control Board.
‰ Contractor shall use the most current IPM technologies available to ensure the long-term prevention or suppression of pest probl ems and to minimize negative impacts on the environment, non-target organi sms, and human health for th e control or management of pests in and around City buildings and facili ties, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
‰ Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recomme nding the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); 











McGuire & Hester 16 Version 8-04-25
c. Cultural controls (e.g. mulching, diski ng, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
‰ Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy. ‰ Contractor shall avoid the use of the follow ing pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalo thrin, metofluthrin, permet hrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), di uron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their us e is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
‰ Contractor shall sign the Contr actor Verification Form (attach ed as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
‰ Contractor shall provide to the City’s project manager an annual repo rt of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. ‰ Contractor shall provide a copy of any current IPM certificati ons(s) to the City’s project manager prior to initiation of the service work.

A copy of the City's IPM Policy may be obtai ned from the City’s project manager and is also on file with the City Clerk.












McGuire & Hester 17 Version 8-04-25
If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Fo rm and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.

30. PURCHASES OF MINED MA TERIALS 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 mini ng 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 Recl amation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.

31. CALIFORNIA AIR RESO URCES BOARD COMPLIANCE:

Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of th e 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 a ssociated with Contractor’s and subcontractors’ fleet including, without limita tion, Certificates of Reported Compliance, fuel/refueling records, maintenance records, e missions records, and any other information the Contractor is required to produce, keep or ma intain 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 harmle ss the City, its officials, offi cers, 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.

32. TERMINATION:

In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder , Contractor shall be deemed in default in the performance of this Agreement. If such default is not cure d within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.

The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon 











McGuire & Hester 18 Version 8-04-25
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.

33. ATTORNEYS’ FEES AND COSTS:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any actio n 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 sha ll be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 a nd January 1, 2027 related to wo rk performed or scheduled to be performed pursuant to this Agreement sha ll be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Cla im (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 processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and 











McGuire & Hester 19 Version 8-04-25
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 thos e mediators shall select a qua lified 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 unde r Public Contract Code Section 20104.4 to mediate after litigation has commenced. g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.

35. CONFLICT OF LAW:

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

36. ADVERTISEMENT:

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

37. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subs equent breach of the sa me or any other term, covenant, or condition contained herein, whether of the same or a different character.

38. INTEGRATED CONTRACT:

Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated here in. This Agreement represents the full and complete understanding of every ki nd or nature whatsoever betwee n the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied c ovenant 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.












McGuire & Hester 20 Version 8-04-25

39. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provisi on is not inserted or is not correctly inserted, the Agreement shall be amen ded to make such inse rtion on application by either party.

40. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

41. COUNTERPARTS:

This Agreement may be executed in any numbe r of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of whic h shall be deemed an original, but all of which shall constitute one and the same instrument.

42. SIGNATORY:

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

43. CONTROLLING AGREEMENT:

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












Brock Grunt
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written.

MCGUIRE & HESTER CITY OF ALAMEDA,
a California corporation a municipal corporation
Jennifer Ott
City Manager

RECOMMENDED FOR APPROVAL
Kevin Hester Erin Smith
Corporate Secretary Public Works Director
Contractor License No. 95879 APPROVED AS TO FORM
City Attorney
DIR No. 1 000000033
Doug McManaway
Assistant City Attorney













SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

AUTOS ONLY
8/28/2025
R. C. Fischer & Co.

P. O. Box 8101
Walnut Creek CA 94596
Amy Gregory
925-627-5471
925-932-0962
[email protected]
Executive Risk Indemnity Inc.
35181
MCGUAND-01
Federal Insurance Company
20281
McGuire and Hester
9009 Railroad Avenue
Oakland CA 94603
Travelers Property Casualty Company of America
25674
Berkley Assurance Company
39462
Ace American Insurance Company
22667
287440484
A
X
2,000,000
X
100,000
X
Contract Liab
5,000
X
XCU
2,000,000
4,000,000
X
X
GL Ded $10K
Y
Y
54303064
7/1/2025
7/1/2026
4,000,000
B
2,000,000
X
X
X
Y
Y
54303063
7/1/2025
7/1/2026
B
X
X
5,000,000
93652735
7/1/2025
7/1/2026
5,000,000
E
X
N
Y
54303065
7/1/2025
7/1/2026
1,000,000
1,000,000
1,000,000
C
D
Builders Risk
Pollution Liability (Occ)
Y
6307105P547
PCAB-5028338-0725
7/1/2025
7/1/2025
7/1/2026
7/1/2026
Limit
Poll Occ Limit
Poll Agg Limit
10,000,000
5,000,000
10,000,000
RE: M&H Job 5221- City of Alameda - Estuary Park Ph 2 Site Imp - 201 Mosley Ave Alameda, CA 94501 CITY OF ALAMEDA, its City Council, boards, commissions, officials, employees, agents and volunteers are named as additional insureds per CG20101219, 160202921116 & PERFORM100660121. Insurance is primary per 100224610715 & 160203161014. Waiver of subrogation applies per 100227721119, 160202921116 & WC99003750518.

CITY OF ALAMEDA
950 W. MALL SQUARE, #110
ALAMEDA CA 94501
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 9/21/2025

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 10 12 19Policy Number: 54303064
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part
Schedule
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT.

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

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s)
or organization(s) shown in the Schedule, but
only with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The
acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance
afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured
is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional
insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment
furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work"
out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:

1. Required
by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

All other terms and conditions of this Policy remain unchanged.

Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 POLICY NUMBER: 54303064

COMMERCIAL GENERAL LIABILITY
10-02-2461 (Ed. 7-15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

PRIMARY INSURANCE FOR

SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Additional Insured: Location Of Covered Operations:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect only to the Additional Insured and at the
Location Of Covered Operations shown in the
Schedule, the following is added to SECTION IV –

COMMERCIAL GENERAL LIABILITY CONDITIONS ,
Paragraph 4. Other Insurance and supersedes any
provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
the Additional Insured with respect to the Location
Of Covered Operations shown in the Schedule
under this policy provided that:
(1) The Additional Insured is a named insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to the
Additional Insured.

Where required by written contract. All Locations
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Affirmation of Automatic Additional Insured Status & Primary/Non-Contributory Applicability under Coverage C and Waiver of Subrogation Endorsement In consideration of the premium paid, it is understood and agreed that Item 5. of Section IV.O. is deleted in its entirety and replaced with the following:

5. with regard to Coverage C only, any client of the Named Insured , or other entity or person, that the Named Insured is obligated to name as an additional insured (including those listed in Table A, below) on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured’s performance of Contractor Activities; or
Solely as respects the coverage provided within this Endorsement, Section V.L. shall be deleted in its entirety and replaced with the following:

L. First Party Claims or Claims made by any Insured against any other Insured. However, this Exclusion shall not apply as respects Claims made by any entity or person only qualifying as an Insured under Paragraph 5. of
the Definition of Insured in this Policy.

Solely as respects the coverage provided within this Endorsement, Section XI.C. Subrogation shall be deleted in its entirety and replaced with the following:

C. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof.

You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates, and your client’s designees; and your co-participants in an entity for which your participation is insured under Definition O.4. of this Policy.

For Coverage A only, we will not subrogate against a Responsible Entity in excess of its collectible insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced.

Solely as respects the coverage provided within this Endorsement, Section XI.M. Other Insurance shall be deleted in its entirety and replaced with the following:

M. Other Insurance
This Policy is excess over the Self-Insured Retention and any other valid and collectible liability insurance available to you, whether such other insurance is stated to be primary, pro-rata, contributory, excess, contingent, self-insured or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to the Policy number in this Policy’s Declarations. When any other insurance has a duty to defend a Claim, we
will have no duty to defend the Claim; if no such other insurance defends the Claim, we will have the right but not the duty to defend the Claim.

Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage
will be provided on a primary and non-contributory basis to the extent so required.

Berkley Assurance Company

Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged.

Policy NumberInsured: McGuire & Hester
Authorized RepresentativeEffective Date of This
Endorsement 07/01/2025
Policy Form: PERFORM-10002 (11-20) 16 - PERFORM-10066 (01-21)37488-5014878-93137 PCAB-5028338-0725
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Form: 16-02-0292 (Rev. 11-16) Page 1 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"

COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.

1. EXTENDED CANCELLATION CONDITION
Paragraph A.2.b. – CANCELLATION - of the
COMMON POLICY CONDITIONS form IL 00 17 is
deleted and replaced with the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.

2. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is
amended to include:

1. Any legally incorporated subsidiary in which
you own more than 50% of the voting s
tock on
the effective date of the Coverage Form.

However, the Named Insured does not include
any subsidiary that is an “insured” under any
other automobile policy or would be an
“insured” under such a policy but for its
termination or the exhaustion of its Limit of
Insurance.

2. Any organization that is acquired or formed by
you and over which you maintain majority
ownership. However, the Named Insured
does not include any newly formed or acquired
organization:
(a) That is an “insured” under any other
automobile policy;
(b) That has exhausted its Limit of Insurance
under any other policy; or
(c) 180 days or more after its acquisition or
formation by you, unless you have given
us written notice of the acquisition or
formation.

Coverage does not apply to “bodily injury” or
“property damage” that results from an “accident”
that occurred before you formed or acquired the
organization.

B. Employees as Insureds
Paragraph A.1. – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is amended to
add the following:
d. Any “employee” of yours while using a
covered “auto” you don’t own, hire or
borrow in your business or your personal
affairs.

C. Lessors as Insureds
Paragraph A.1. – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is
amended to add the following:
e. The lessor of a covered “auto” while the
“auto” is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor; and
(2) The “auto” is leased without a driver.

Such leased “auto” will be considered a
covered “auto” you own and not a covered
“auto” you hire.

However, the lessor is an “insured” only
for “bodily injury” or “property damage”
resulting from the acts or omissions by:

1. You;

2. Any of your “employees” or agents;
or

3. Any person, except the lessor or
any “employee” or agent of the
lessor, operating an “auto” with the
permission of any of 1. and/or 2.
above.

D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A.1 – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is
amended to add the following:
f. Any person or organization with respect to
the operation,
maintenance or use of a
covered “auto”, provided that you and
such person or organization have agreed
under an express provision in a written
“insured contract”, written agreement or a
written permit issued to you by a
governmental or public authority to add
such person or organization to this policy
as an “insured”.

However, such person or organization is
an “insured” only:

POLICY NUMBER: 54303063
Insured: McGuire and Hester
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000

Form: 16-02-0292 (Rev. 11-16) Page 2 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation,
maintenance or use of a covered
“auto”; and
(2) for “bodily injury” or “property damage”
caused by an “accident” which takes
place after:
(a) You executed the “insured
contract” or written agreement; or
(b) The permit has been issued to
you.

3. FELLOW EMPLOYEE COVERAGE
EXCLUSION B.5. - FELLOW EMPLOYEE – of
SECTION II – LIABILITY COVERAGE does not apply.

4. PHYSICAL DAMAGE – ADDITIONAL TEMPORARY

TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. – TRANSPORTATION EXPENSES
– of SECTION III – PHYSICAL DAMAGE
COVERAGE is amended to provide a limit of $50 per
day for temporary transportation expense, subject to a
maximum limit of $1,000.

5. AUTO LOAN/LEASE GAP COVERAGE
Paragraph A. 4. – COVERAGE EXTENSIONS - of
SECTION III – PHYSICAL DAMAGE COVERAGE is
amended to add the following:
c. Unpaid Loan or Lease Amounts
In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the loan or lease for a
covered “auto” minus:

1. The amount paid under the Physical Damage
Coverage Section of the policy; and

2. Any:
a. Overdue loan/lease payments at the time of
the “loss”;
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage;
c. Security deposits not returned by the lessor:
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.

We will pay for any unpaid amount due on the loan or
lease if caused by:

1. Other than Collision Coverage only if the
Declarations indicate that Comprehensive
Coverage is provided for any covered “auto”;

2. Specified Causes of Loss Coverage only if the
Declarations indicate that Specified Causes of
Loss Coverage is provided for any covered “auto”;
or

3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any
covered “auto.

6. RENTAL AGENCY EXPENSE
Paragraph A. 4. – COVERAGE EXTENSIONS – of
SECTION III – PHYSICAL DAMAGE COVERAGE
is amended to add the following:
d. Rental Expense
We will pay the following expenses that you or
any of your “employees” are legally obligated
to pay because of a written contract or
agreement entered into for use of a rental
vehicle in the conduct of your business:

MAXIMUM WE WILL PAY FOR ANY ONE
CONTRACT OR AGREEMENT:

1. $2,500 for loss of income incurred by the
rental agency during the period of time that
vehicle is out of use because of actual
damage to, or “loss” of, that vehicle, including
income lost due to absence of that vehicle for
use as a replacement;

2. $2,500 for decrease in trade-in value of the
rental vehicle because of actual damage to
that vehicle arising out of a covered “loss”; and

3. $2,500 for administrative expenses incurred
by the rental agency, as stated in the contract
or agreement.

4. $7,500 maximum total amount for paragraphs

1., 2. and 3. combined.

7. EXTRA EXPENSE – BROADENED COVERAGE
Paragraph A.4. – COVERAGE EXTENSIONS – of
SECTION III – PHYSICAL DAMAGE COVERAGE
is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a
stolen covered “auto” to you.

8. AIRBAG COVERAGE
Paragraph B.3.a. - EXCLUSIONS – of SECTION
III – PHYSICAL DAMAGE COVERAGE does not
apply to the accidental or unintended discharge of
an airbag. Coverage is excess over any other
collectible insurance or warranty specifically
designed to provide this coverage.

9. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT - BROADENED COVERAGE
Paragraph C.1.b. – LIMIT OF INSURANCE - of
SECTION III - PHYSICAL DAMAGE is deleted
and replaced with the following:
b. $2,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.

10. GLASS REPAIR – WAIVER OF DEDUCTIBLE
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000

Form: 16-02-0292 (Rev. 11-16) Page 3 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE – of
SECTION III – PHYSICAL DAMAGE COVERAGE
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Paragraph D.- DEDUCTIBLE – of SECTION III –
PHYSICAL DAMAGE COVERAGE is amended to
add the following:

If this Coverage Form and any other Coverage
Form or policy issued to you by us that is not an
automobile policy or Coverage Form applies to the
same “accident”, the following applies:

1. If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived; or

2. If the deductible under this Business Auto
Coverage Form is not the smaller (or smallest)
deductible, it will be reduced by the amount of
the smaller (or smallest) deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF
AN ACCIDENT, CLAIM, SUIT OR LOSS of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
a. In the event of “accident”, claim, “suit” or
“loss”, you must promptly notify us when the
“accident” is known to:
(1) You or your authorized representative, if
you are an individual;
(2) A partner, or any authorized
representative, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer, insurance manager,
or authorized representative, if you are an
organization other than a partnership or
limited liability company.

Knowledge of an “accident”, claim, “suit” or
“loss” by other persons does not imply that the
persons listed above have such knowledge.

Notice to us should include:
(1) How, when and where the “accident” or
“loss” occurred;
(2) The “insured’s” name and address; and
(3) To the extent possible, the names and
addresses of any injured persons or
witnesses.

13. WAIVER OF SUBROGATION
Paragraph A.5. - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US of
SECTION IV – BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:

5. We will waive the right of recovery we would
otherwise have against another person or
organization for “loss” to which this insurance
applies, provided the “insured” has waived
their rights of recovery against such person or
organization under a contract or agreement
that is entered into before such “loss”.

To the extent that the “insured’s” rights to
recover damages for all or part of any
payment made under this insurance has not
been waived, those rights are transferred to
us. That person or organization must do
everything necessary to secure our rights and
must do nothing after “accident” or “loss” to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us enforce them.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
Paragraph B.2. – CONCEALMENT,
MISREPRESENTATION or FRAUD of SECTION
IV – BUSINESS AUTO CONDITIONS - is deleted
and replaced with the following:

If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we will
not void coverage under this Coverage Form
because of such failure.

15. AUTOS RENTED BY EMPLOYEES
Paragraph B.5. - OTHER INSURANCE of
SECTION IV – BUSINESS AUTO CONDITIONS -
is amended to add the following:
e. Any “auto” hired or rented by your “employee”
on your behalf and at your direction will be
considered an “auto” you hire. If an
“employee’s” personal insurance also applies
on an excess basis to a covered “auto” hired
or rented by your “employee” on your behalf
and at your direction, this insurance will be
primary to the “employee’s” personal
insurance.

16. HIRED AUTO – COVERAGE TERRITORY
Paragraph B.7.b.(5). - POLICY PERIOD,
COVERAGE TERRITORY of SECTION IV –
BUSINESS AUTO CONDITIONS is deleted and
replaced with the following:
(5) A covered “auto” of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 45 days or
less; and

17. RESULTANT MENTAL ANGUISH COVERAGE
Paragraph C. of - SECTION V – DEFINITIONS is
deleted and replaced by the following:
“Bodily injury” means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death as a result of the “bodily
injury” sustained by that person.

Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 POLICY NUMBER: 54303063 COMMERCIAL AUTO
16-02-0316 Ed. 10 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 16-02-0316 Ed. 10 14 Page 1 of 1

PRIMARY AND NON-CONTRIBUTORY LIABILITY

INSURANCE
This endorsement modifies i
nsurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: McGuire and Hester

SCHEDULE
Name(s) 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 Item 5. – “Other
Insurance” of Item B. – “General Conditions” under
Section IV – “Business Auto Conditions”:
e. Regardless of the provisions of Paragraph 5.a.
through d. above, for any liability arising out of the
ownership, maintenance, use, rental, lease, loan, hire
or borrowing by an ”insured” of a covered “auto” for
which an “insured” is contractually obligated to
provide primary insurance coverage to a client, this
Coverage Form will be primary and non- contributory
with respect to the Persons or Organizations in the
schedule, regardless of the availability or existence of other collectible insurance under any other Coverage
Form or policy that applies on a primary basis.

Where required by written contract.

Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 POLICY NUMBER:5 4303064 COMMERCIAL GENERAL LIABILITY
10-02-2772 (Ed. 11-19)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. 10-02-2772 (Ed. 11-19)
(286299)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

TRANSFER OR WAIVER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US – SCHEDULED PERSON(S) OR

ORGANIZATION(S)
This endorsement m odifies insur ance provided under the following:

COMMERCIALGENERAL LIABILITY COVERA GE FORM

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 policy is amended at SECTION IV –

COMMERCIAL GENERAL LIABILITY CONDITIONS ,
Condition 8. Transfer Or Waiver Of Rights Of
Recovery Against Other To Us by deleting the first
paragraph and replacing it with the following:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule abov e
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.

WHERE REQUIRED BY WRITTEN CONTRACT.

Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 WC 90 03 75 (05/18)
Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
Issued By (Name of Insurance Company)
Ace American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

3. Premium:

The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0
Authorized Representative
Policy Number
Symbol: WCF Number:

Policy Period Effective Date of Endorsement
TO
McGuire and Hester
07/01/20257/01/2025 7/01/2026
Amy Gregory
54303065
ALL
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Docusign Envelope lD: 6D162E0A-A103-4FFC-BE5E-3ECB94D0CFB6 BTDDER: McGuire and Hester PROPOSAL FOR EPP2 PW 02-25-03 5-I BID SCHEDULE FOR ESTUARY PARK PHASE 2 SITE IMPROVEMENTS TO: CITY COUNCIL, C]ITY 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 will encounter. The Bidder proposes to fumish all materials, labor and equipment and to do all Work required to complete the Work in accordance with the Project Manual. for the prices set fbrth in the following schedule (including all applicable taxes ):

ADDENDUM 5

BID ITEM DESCRIPTION UNIT BID ITEM TOTAL
PRICE
General
1 Mobilization/Demobilization 1 LS $
l1t,s7..* I l11,s3t1.oo
2 SWPPP & Erosion Control during
Construction
L5 $
5o,e.o
$
€o,occ.oo
Demolition 1 $ $
[49,2,oo..:o
Earthwork and Grading
Contaminated Soil & Stockpile
Removal, Management & Coordination
9,000 $
Meo
s
472po.oo
5 Construction Fill lmport CY $
)l.o
$
40,b.oo
ti ug tng 1 58,518 SF $ 5
1q,?-*.@
Drainage/Utilities
7 Bioflltration Soil (15" Deep) 136 CY $
l06@ It, tta.oo
8 Biofiltration Drain Rock Base 2447 SF $

6.oo
$
l'{,682.oo
o lmpermeable Liner SF $
{.oo
$ l?,zt{o.oo
10 8" Perforated Subdrain Line in
Bioflltrataon Area
246 $
foa
$
7,3so.@
11 6" Cleanout in Softscape and
Bioretention Area
10 $
7So.oo
s
7,,oopo
12 8" Cleanout in Softscape EA $ t,'7e.@ s ll,1e.@
13 18" Raised Catch Basin 1 EA $
Z,wa
$
7,tq.oqcp.
14 24" Raised Catch Basin I EA $ 9,qo.o $ qza-.oo
15 'l 8" Drainage Bubbler 2 EA $ 2,soo.o $
l,ooo.oo
16 24" Junction Box EA s
1,ze.oo
$ j,zna
17 18" Catch Basin 1 EA S
7 , Ltoo. 3,{<p."o
$
l(r
IilCSUIRE AIIO ltESIER

ITEM QTY BID ITEM UNIT
PRICE
1 l9,f,,aq 'oo
4 TON
1300
O.{o
4310
LF
EA
1 1

EXHIBIT A
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Docusiqn Envelope lD: 6D162E0A-A103-4FFC-BE5E-3ECB94D0CF86 BTDDER: McGuire and Hester PROPOSAL FOR EPP2 PW O2-2$03 ADDENDUM 5
ITEI\,,l BID ITEM DESCRIPTION QTY UNIT BID ITEM UNIT
PRICE

BID ITEM TOTAL
PRICE
Drainage/Utilities (Continued)
18 3 $
7A@@ $ ZZito.a
'19 24" Area Drain - Hardscape + PIP
Rubber Surface
$
7,so.oo
$
?'t,s"o,e
20 6" Solid Wall Storm Drain 446 LF $
lo.o
$
{tt,oo..,o
21 8' Solid Wall Storm Drain 804 LF $
l{s.o
$
t t 6, sro. oo
22 Sidewalk Underdrain LF $ 7-fo.oo $
l€:tso.o
23 Storm Drainage Connection - On Site 2 $ s
t s,ggo.oo
4" Sanitary Sewer Line 531 LF $
3ss.oo
$
l88,5os.o
25 Sanitary Sewer Cleanout '10 EA $ l,1a.q | ?, ooc.€cl 26 Sewer Connection - On Site 2 EA $ 1,1o.6 $
3tt-.o
27 Domestic Water Utilities 1 LS $ s 9,o€c.oo
Hardscape
Concrete Paving - Pedestrian 22,316 SF S
2oa
S
446jzaa
29 Concrete Paving - Vehicular 1 ,094 SF s
zq,stsgr!
30 Asphalt Paving at Parking Stall 4,867 SF $
t.sb
$
4r,z61.so
31 Asphalt Paving at Drive Aisle 5,836 SF $ (t.sb $ 57, trrl.o 32 Asphalt Paving - Basketball, Pickleball,
Bankshot
15,179 SF $ '7. so $ t r 3,tlQz. so
33 Acrylic Court Surface and Striping -
Pickleball, Bankshot
I,284 SF $ '7.oo $
6q,cr8.o"
Decomposed Granite Paving 5,535 SF $
,o.oo
$
*,rsD,oo
17 ,467 SF $ l.oo
q
36 PIP Rubber Resilient Surface s $
37 Truncated Domes 177 SF $ I
I o,?46.oo
38 Curb Ramp - Type C EA $ 4s,ooo.oo
39 Concrete Stairs 1 EA $
It,so".o
$ {lJoo.oo
6" Wde Concrete Edgeband LF $
tQ.oo $ 4g, rr: .oo
17 [ICOUIRE AIIO llISIER
24" Catch Basin EA
5 EA
EA 7,se.oo
24 Ul,ooo,a
28 Zl.q
Engineered Wood Fiber l1,t+67.oo
8,026
3soo zgo,9ro.oo

53.q
$ q,woo
40 893

EXHIBIT A
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Docusign Envelope lD: 6D162EoA-A103-4FFC-BE5E-3ECB94D0CF86 BTDDER: McGuire and Hester PROPOSAL FOR EPP2 PW 02-25-03 tTE tvl BID ITEM DESCRIPTION QTY BID ITEM UNIT
PRICE
Hardscape (Continued)
41 12" Wide Concrete Edgeband 707 LF $ 6,t.o $ hs, zr+r.a:
12" Wide Concrete Deepened
Edgeband
40 LF $
t'36.oo
$
5,4tto.oo
43 Concrete Curb and Gutter 405 LF $ tlt.oo $ t{o,t s-oo 44 6" Concrete Curb 766 LF S

63.oo
$
4(,zsa-
45 12" Wide Concrete Tall Curb - '12" Tall 401 LF $
Z@,@ $
@3p.o
46 Concrete Swale 35 LF $ I SB..o $
Fencing & Gates
47 42" Tall Chain Link Fence at Bankshot
- Galvanized
86 LF S

68.*
s
S,8+t.co
4'Tall Chain Link Fence at Dog Park -
Galvanazed
493 LF S

51.oo
$
3 t,sri2_6
6'Tall Chain Link Fence at Pickleball +
Dog Park - Galvanized
336 LF $ '75.a $
Zs,2rr:.oo
50 8' Tall Chain Link Fence (Galv.) at
Detention Basin with Privacy Slats
284 LF $ $
3t,3Sz.oo
51 4' f all X 4' Wide Chain Link Gates -
Galvanized
4 EA $
lszs.a
$
7' str 'oo
52 6' Tall X 4' Wde Chain Link Gates -
Galvanized
2 $
),go,,t.oo
5 6,{rc,oo
53 2 EA $
3,Ltat.ep
$
54 $

74.oo
$
14 LF $
flt.oo
$ 3.?8B.oo
Playground Equipment
Play Equipment (Material, Delivery and
lnstallation)
1 LS $
\1s,a*."o
$
h7sr,r,ro,oo
Site Furnishings
57 Site Furnishings 1 Li $ Allpoo,q s279,a.*
Striping & Signage
58 ADA Parking Signage 2 EA $ ltuSooo
59 2 EA $ 76o.oo I ,Sbo.oo
Parking Lot Striping 1 LS $ 4,t.,,.",, s tq,{oo.o
Bioretention Signage 8 EA $ 16o.* $ 6,24o.oo
I8
ITCEUIRE AIID }lESIER
ADDENDUM 5

UNIT BID ITEM TOTAL
PRICE
42 t5?o.oo
48 49
lzg.-
EA
4'Tall X 10'Wide Chain Link Gates -
Galvanized 6,4 \o.oo
6'Tall X 10'Wide Chain Link Gates -
Galvanized
3 EA
27-2^.@
55 Handrail at Stairs
56 $ '78o .-o
ADA Parking Striping $
60 61

EXHIBIT A
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 Docusign Envelope lD: 6D162E0A-A103-4FFC-BE5E-3ECB94D0CF86 I
BTDDER: McGuire and Hester
BID ALTERNATES PROPOSALS:

ADDENDUM 5
PROPOSAL FOR EPP2 PW 02.25.03
dotto,. erren

ITEM BID ITEM DESCRIPTION QTY UNIT BID ITEM UNIT
PRICE

BID ITEM TOTAL
PRICE
Trash Enclosure
6l Trash Enclosure 1 LS $
llg,oo.e6r
$
ll+,ooo.oo
Planting & lrrigation
Planting & lrrigation 1 LS $
hrseo.e
s hzs,ooo.oo
Planting & lrrigation Maintenance
64 1 LS $ $ ?-S,ooo.q.

Restroom Building
65 Pad Preparation 1 LS $ lo,to.o.> $
fo,re.,o
Utility Connections - Domestic, Sewer,
Electrical
1 LS $
2,loo.oo
$ 2,@.oo
67 Trenching, EV Panel, Transformer,
Light Poles / Fixtures, Pull Boxes,
Control Panel, Conduits & Conductors,
Concrete Equipment Pad. Bollards.

Circuit Breakers, Testing
1 LS $
47s,o.-
$
TOTAL BASE BID:
(Numbers) 1\,a1\ooo.a
TOTAL BASE BID:
(Words) 6r ,nilUsr nrre hwrJyrJ anJ nrre? Grr t\*rsan)

ITEM BID ITEM DESCRIPTION QTY UNIT BID ITEM UNIT
PRICE

BID ITEM TOTAT
PRICE
Bid Alternate #1 - (2) Additional Pickleball Courts (with Court Separator Fencing) (2) Additional Pickleball Courts (with
Court Separator Fencing)
1 $
lA@.@
s
lz\a@.@
Bid Alternate #1:
(Numbers) $1zq,ooo.oo
Bid Alternate #1:
(Words) ote h{\lr.ad ond trrl€rq/ rurrc -tharrand Llta$ erx.t1 Bid Alternate #2 - Pickleball Court Separator Fencing (For Base Bid Courts) 69 42" Tall Chain Link Fence (Galvanized)
with Top Rail Padding
1 LS $
\7,qa.oo
$
4?,qoo.oo
Bid Alternate #2:
(Numbers) if Qt,r1e. o
Bid Alternate #2:
(Words) {ql
^ree
tharartJ. qrd {tr.. h.q&aA Uhr a^ar
I9
ITCSUIRE AtlO HISIER
bJ
90 Day Maintenance Period
2t,a>c.a
66 Electrical
47rooo.oo
68 EXHIBIT A
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 BID ALTERNATE #2 DECLINED
Docusign Envelope lD: 6D162E0A-A103-4FFC-BE5E-3ECB94D0CF86 ADDENDUM 5 BIDDER: PROPOSAL FOR EPP2 PW O2-25-OJ
Name of Bidder
Business Address
McGuire and Hester
Oakland, CA 94603
Entire Work. Bids are required for the entire Work. including the alternative bid items. if any

THE AMOUNT OF THE BID FOR THE PURPOSES OF THE AWARD WILL BE THE TOTAL OF THE AMOUNT oF ALL (AND ONLY) THE B,zISE BID ITEMS. The City will determine which additional alternate(s), if any, will be awarded. All items are based on an "in place" condition.

Item price and 1otal. The Bidder shall set forth ior each unit basis itern of Work an item price and a total for the ilem, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided fbr this purpose. ln the case of unit basis items. the amount set forth under the "total" column shall be the extension of the item price bid on the basis ofthe estimated quantity for the item.

Discrepancies. In the case of discrepancy between thc 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

ITEM QTY BID ITEM TOTAL
PRICE
Bid Altern ate #3 - (2) Additional shade structures
(2) Additional Shade Structures
Triangle
1 LS s
\€,w.oo {q,ooo.oo
Bid Alternate #3:
(Numbers) ft{t,ooo..,o
Bid Alternate #3:
(Words) {"wy €va ttrasanA datnrs a*n
Bid Alternate ,r4 Acrylic Surfacing at Basketball Court 71 1 q
ZS,z.e;,pe $
L5zq.w
Bid Alternate ,r4:
(Numbers) fz5,z.o..>
Bid Alternate ,r4:
(Words) turefity Gr.,a thousonJ ord +,,tt" l.undreJ &lqrs aprt Bid Alternate #5 - Planting at Western Park Side
72 1 LS S
?,*o.6
$
?2,oaoo
Bid Alternate #5:
(Numbers) 13z,"oo.a
Bid Alternate #5:
(Words) t\lrt7 turo r\a6a4 dothvs are-n
20 IICSUIRE IllD HESIER
McGuire and Hester
9009 Railroad Avenue

BID ITEM DESCRIPTION UNIT BID ITEM UNIT
PRICE
70 $
Acrylic Surfacing at Basketball Court
Planting at Western Park Side

EXHIBIT A
Docusign Envelope ID: 2F31C170-040D-44C9-A3AD-F4FFBCD3F000 BID ALTERNATE #4 DECLINED
BID ALTERNATE #5 DECLINED