Exhibit 1: Agreement — Alameda City Council, May 19, 2026

Landscape Structures – Leydecker Park
Playground Installation 1 Version 08-04-25

CONSTRUCTION AGREEMENT

THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this day of 2026, by and between the CITY OF ALAMEDA, a municipal corporation (“the City"), and Landscape Structures Inc, a Minnesota corporation, whose address is 601 7 th Street South, Delano, MN 55328 (“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.

The City is in need of the following services: Playbooster Design playground structure installation located at Leydecker Playground, 3225 Mecartney Road, Alameda, California 94501.

The playground equipment and related safety surface is considered an equipment purchase eligible for procurement and installation through Sourcewell Contract 101625-LSI.

B. Contractor possesses the skill, experience, 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 described here in. Contractor has obtained, and delivers herewith, a performance bond, a payment bond, and all insurance documentation, as required by this Agreement.

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

D. The City and Contractor desire to enter into an agreement for $270,947.37, upon the terms and conditions herein.

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

1. TERM:

Contractor shall have 360 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.

2. SERVICES TO BE PERFORMED:

Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 EXHIBIT 1
Landscape Structures – Leydecker Park
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included therein. After final completion of Contractor’s work hereunder, Contractor’s responsibility and liability is limited to its warranty of the park equipment.

3. COMPENSATION TO CONTRACTOR:

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

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

However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.

Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.

Total compensation for work is $258,045.14, with a 5% percent contingency in the amount of $12,902.23 for a total not to exceed of $27 0,947.37. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.

4. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Agreement.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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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 the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of Fifty Dollars ($50) per day, not to exceed Three Thousand Dollars ($3000) as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amou nt thereof from any money due or that may become due Contractor under the Agreement.

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

Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusual ly 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 t he extent of the delay, and its findings of the facts thereon shall be final and conclusive.

5. STANDARD OF CARE:

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

Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its o wn cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subco ntractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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by the Contractor and shall not be re-employed to perform any further services under this Agreement.

6. INDEPENDENT PARTIES:

Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, inclu ding but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limite d to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City, which acceptance shall not be unreasonably withheld, delayed, or conditioned), and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever alleged by a third party, including reasonable attorney’s fees and costs of litigation (“Claims”), to the Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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extent arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees to the extent the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

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

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

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (4). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:

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

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

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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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: $1,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Builders Risk: to be provided by subcontractor performing work onsite 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 exce ss of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. c. SUBROGATION WAIVER:

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSURED:

The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.

11. BONDS:

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

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

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

12. PROHIBITION AGAINST TRANSFERS:

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

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

13. SUBCONTRACTOR APPROVAL:

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

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

In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor.

In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

14. PERMITS AND LICENSES:

Contractor shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder. Contr actor and City shall work together to determine which party is responsible for payment of fees or any other costs required to obtain such permits, certificates or licenses.

15. REPORTS:

Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the physical property of the City. Contractor reserves all rights in its intellectual property in any drawings, designs, or manuals provided by it, including with respect to any playground or other equipment designed or manufactured by Contractor.

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

16. RECORDS:

Generally, the City has the right to conduct audits of Contractor’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, City shall provi de a minimum of 15 business days’ prior written notice, and Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed.

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.

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

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

17. NOTICES:

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

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

City of Alameda
Recreation and Parks Department
2226 Santa Clara Avenue
Alameda, CA 94501
ATTENTION: Justin Long, Director
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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Ph: (510) 747-7570 / Fax: (510) 523-4071
Email:[email protected]
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Landscape Structures Inc.
601 7th Street South
Delano, MN 55328
ATTENTION; General Counsel
Ph: (763) 973-3391
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 apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor standards, Cal/OSHA requirements Act, and all other applicable federal, state, county a nd local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

Contractor shall immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. COMPLIANCE WITH ALL APPLICABLE LAWS:

During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such l aws and regulations pursuant to the indemnification provisions of this Agreement.

20. HEALTH AND SAFETY REQUIREMENTS.

Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

21. PREVAILING WAGES:

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.

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

c. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work 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 manner provided in Labor Code section 1776. In the Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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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. Should 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 t he Labor Commissioner. A contractor 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 compliance with this section is on Con tractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed 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, § 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 complian ce requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial 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 and 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 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work 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 hereinaft er provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

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

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

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

24. APPRENTICES:

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

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

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

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

25. LABOR DISCRIMINATION:

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

26. REGISTRATION OF CONTRACTORS:

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

No bid will be accepted nor any contract en tered 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 contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

27. URBAN RUNOFF MANAGEMENT:

Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor shall use as little as necessary.

Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.

Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de -watering activities and saw -cutting activities; sh ovel or vacuum saw-cut slurry and remove from the site.)
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.

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

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

Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two 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 §13385.

28. COMPLIANCE WITH MARSH CRUST ORDINANCE:

Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.

29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:

Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board. ❑ Contractor shall use the most current IPM technologies available to ensure the long -term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
❑ Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
❑ Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C ). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy.
❑ Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda -cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
❑ Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
❑ Contractor shall provide to the City’s project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. ❑ Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.

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

If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.

30. PURCHASES OF MINED MATERIALS REQUIREMENT:

Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).

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

31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:

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

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions reco rds, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the Cit
Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulations. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the CARB Regulations.

32. TERMINATION:

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

The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.

33. ATTORNEYS’ FEES AND COSTS:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Landscape Structures – Leydecker Park
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against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:

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

b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).

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

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

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

g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.

35. CONFLICT OF LAW:

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

36. ADVERTISEMENT:

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

37. WAIVER:

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

38. INTEGRATED CONTRACT:

Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.

39. INSERTED PROVISIONS:

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

40. CAPTIONS:

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

41. COUNTERPARTS:

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

42. SIGNATORY:

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

43. CONTROLLING AGREEMENT:

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

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Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

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

Landscape Structures Inc. CITY OF ALAMEDA, a Minnesota Corporation a municipal corporation

Karlye Emerson Adam Politzer
President & CEO Interim City Manager

RECOMMENDED FOR APPROVAL

Brand Dennis Justin Long
VP of Finance Recreation and Parks Director

Contractor License No. APPROVED AS TO FORM:

City Attorney
DIR No.

Michael Roush
Special Counsel
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 1000007542
840892
Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

SOURCEWELL CONTRACT

ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS
TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035 Fax: 763-972-3185
Quote #: 00048836
Quote Name: Leydecker Park - Playground with Installation and Surfacing Quote Total: $258,045.14
Sourcewell Contract : #101625-LSI
Member Contract Number:

Billing Address:

City of Alameda
1327 Oak Street
Alameda, California 94501
Shipping Address:

Leydecker Park
3225 Mecartney Road
Alameda, California
Quote Date: 3/17/26
Expiration Date: 4/17/26

Please Return to: Alex Hailey , [email protected] at Ross Recreation Equipment 100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68 -0103540 • DIR 1000003500

Page 1 of 3 ends

Opportunity Name Lead Time Payment terms
Leydecker Playground Check with Sales Rep Net 30 On Materials Shipment

QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL

1.00 Demolition
Removal and haul away of existing playstructure and swings. Existing benches are to remain in place - if these need to be removed or relocated, please advise and a revised quote can be provided.
*Footings to remain except where necessary to remove if in conflict with new equipment; if all footings are to be removed, a change order can be provided for the additional labor and backfill material.
$11,220.00 $11,220.00

1.00 Site Work
Supply and installation of 1100sf of compacted base rock to prepare peninsula under swings for PIP rubber. Rock is to 8 -9" and will be beveled around the perimeter. Customer is responsible for providing a top of of existing wood fiber at the end of the project; existing chips will be moved aside as needed to install new equipment and to place PIP penins ula. **Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred.
$13,164.80 $13,164.80

1.00 PlayBooster, 5 -12 Landscape Structures PlayBooster Design #1193648 -04-03 $118,410.00 $118,410.00

1.00 Sourcewell Ross
Discount Sourcewell Contract # 010521 -LSI - Ross Recreation Discount ($5,920.50) ($5,920.50)

1.00 Sourcewell LSI
Discount Sourcewell Contract # 010521 -LSI - Landscape Structures Discount ($3,552.30) ($3,552.30)

1.00 Install - Play
Equipment
Installation of Landscape Structures design #1193648 -04-03 by a manufacturer certified installer.
*Project DIR # needed for state Prevailing Wage projects. Quote does not include any additional labor, union or wage requirements. If project has additional labor requirements, additional costs will be incurred through a change order to the originally quot ed labor prices shown on this quote unless otherwise noted. *Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. *Installation quoted includes standard manufacturer provided footing details. If different and/or engineered footing details are provided by the contractor/owner/specifier, a change order will be required. $46,499.61 $46,499.61
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

SOURCEWELL CONTRACT

ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS
TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035 Fax: 763-972-3185
Quote #: 00048836
Quote Name: Leydecker Park - Playground with
Installation and Surfacing
Quote Total: $258,045.14
Sourcewell Contract : #010521-LSI

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*Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details a nd a change order may be required.

1.00 PIP Rubber
Surface America Poured -In-Place Rubber surfacing materials:
~ Square Footage: 1100 sqft (for PIP peninsula, including bevel) ~ Thickness: 3.5” (per 8’ CFH of swings)
~ Binder: Aliphatic
~ Color: 100% color, solid or speckled mix
*Rubber surfacing will follow the contour of the sub -base and will be 3.5" thick throughout the area.
*Any change to color, thickness, square footage or binder type will require a change order.
*It is the responsibility of the General Contractor to verify all colors and square footage prior to placing an order. Any changes will require a revised quote and may result in a price increase.
*Thicknesses quoted to meet industry standards for ASTM testing of 1000 HIC/200 GMax.
$23,449.80 $23,449.80

1.00 Install - Rubber
Surfacing
Installation of Surface America Poured -in-Place rubber surfacing for 1100 square feet at a 3.5" thickness by a manufacturer certified installer. Price does not include sub-base preparation, drainage, design work or inspections. PIP will be installed on top of new compacted base rock and will bevel into EWF. *Thicknesses installed to meet industry standards for ASTM testing of 1000 HIC/200 GMax.
$13,576.20 $13,576.20

1.00 Security
Security guard for poured -in-place surfacing during 8 hour curing time, under normal weather conditions. Temporary fencing (at an additional cost) may be needed in certain circumstances. *If you elect to decline a security guard, a security opt out waiver will be required.
$392.70 $392.70

1.00 Bond Payment & Performance Bonds $7,516.00 $7,516.00

1.00 Fee Builder's Risk Insurance Coverage for Installer $1,715.94 $1,715.94 Totals
County/ City Tax (Alameda County/ Alameda 10.7500 %) Materials $132,387.00 Sales Tax $14,231.60
Labor/ Fees $94,085.25
Freight $17,341.29
Total $258,045.14

Notes to Customer
Proposal does not include temporary construction fencing, portable toilets, payment and performance bonds, engineering calcul ations, security, storage, permits, inspections or safety surfacing. Please advise if any of these items are needed and we can prov ide an updated proposal.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

SOURCEWELL CONTRACT

ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS
TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035 Fax: 763-972-3185
Quote #: 00048836
Quote Name: Leydecker Park - Playground with
Installation and Surfacing
Quote Total: $258,045.14
Sourcewell Contract : #010521-LSI

Page 3 of 3 ends

TERMS AND CONDITIONS

Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: Quote does not include installation, offload, payment and performance bonds, engineering calculations, security, storage, permits, inspections or safety surfacing, or any other materials or labor unless otherwise noted. Unless noted, freight costs are based on semi -truck access and do not include a lift-gate.

Credit terms are as follows: Net 30 from Invoice Date

Your purchase is subject to the terms and conditions of this quote. Approval of this quote agrees to those terms.

If placing an order after the expiration date, please contact your sales representative for updated pricing. Ross Recreation cannot honor pricing beyond the expiration date on this quote. To secure current pricing, the following will be required:

- PO, signed quote , or contract with approval for the order. - Color selections and/or approved submittals.
- Acceptance of delivery when materials or equ ipment is ready to ship. Products cannot be held nor stored by Ross Recreation nor the manufacturer.

Sales tax will be based on the current rate at the time of shipping, not the order date. Customer s will be required to pay for any changes to sales taxes. For this order, the sales tax rate was calculated using: (Alameda County/ Alameda 10.7500 %).

Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation, nor our subcontractors, are signatory to any unions; however, compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation will require a Change Order to cove r the costs of a per project enrollment and additional wage/benefit requirements.

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.

Customer Signature
Customer Print Name
Date
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Holder Identifier : 7777777707070700077763616065553330763617457315446607543026663417311073751476157220120736045553067451207522411376634556075262375720367740776261113261275607722411572476130077727252025773110777777707000707007 6666666606060600062606466204446200622002604226020006222206040042022060000060422620020602222406006222006002006262260222062220040420420200622202606204000206022226240200422066646062240664440666666606000606006Certificate No : 570118801673 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/26/2026 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.PRODUCERAon Risk Services Central, Inc.Minneapolis MN Office5600 West 83rd Street8200 Tower, Suite 1100Minneapolis MN 55437 USA PHONE(A/C. No. Ext):E-MAILADDRESS:INSURER(S) AFFORDING COVERAGENAIC #(866) 283-7122INSURED 21113United States Fire Insurance Co.INSURER A: 28932Markel American Ins CoINSURER B:22667ACE American Insurance CompanyINSURER C:INSURER D:INSURER E:INSURER F:

FAX(A/C. No.):(800) 363-0105CONTACTNAME:Landscape Structures, Inc.601 7th Street SouthDelano MN 55328 USA COVERAGESCERTIFICATE NUMBER:570118801673REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requestedPOLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTRADDL INSDPOLICY NUMBER TYPE OF INSURANCELIMITSCOMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURPOLICYLOC EACH OCCURRENCEDAMAGE TO RENTED PREMISES (Ea occurrence)MED EXP (Any one person)PERSONAL & ADV INJURYGENERAL AGGREGATEPRODUCTS - COMP/OP AGGXXXXGEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000$2,000,000Excluded$2,000,000$4,000,000$4,000,000Contractual Incl.C 06/01/202506/01/2026SIR applies per policy terms & conditionsYGL & Products LiabilityG47470183002PRO-JECTOTHER:AUTOMOBILE LIABILITYANY AUTOOWNED AUTOS ONLYSCHEDULED AUTOSHIRED AUTOS ONLYNON-OWNED AUTOS ONLYBODILY INJURY ( Per person)PROPERTY DAMAGE(Per accident)X BODILY INJURY (Per accident)$1,000,000A 06/01/202506/01/2026Y COMBINED SINGLE LIMIT(Ea accident)133-762925-7EXCESS LIABXOCCUR CLAIMS-MADEAGGREGATEEACH OCCURRENCEDED $5,000,000$5,000,000$10,00006/01/2025UMBRELLA LIABB Y 06/01/2026MKLM6MM70001182RETENTIONXX E.L. DISEASE-EA EMPLOYEEE.L. DISEASE-POLICY LIMITE.L. EACH ACCIDENT$1,000,000XOTH-ERPER STATUTEA 06/01/202506/01/2026$1,000,000Y / N(Mandatory in NH)ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AYNWORKERS COMPENSATION AND EMPLOYERS' LIABILITYIf yes, describe under DESCRIPTION OF OPERATIONS below$1,000,0004067481609DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)Re: Project: Leydecker Playground, 3225 Mecartney Road, Alameda, California 94501; City of Alameda, its City Council, boards, commissions, officials, employees and volunteers is included as Additional Insured as respects to their interest in the operations of Landscape Structures Inc., in accordance with the policy provisions of the Excess Liability, Automobile Liabilityand General Liability policies. Automobile Liability and General Liability policies evidenced herein is Primary to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. Automobile Liability and General Liability policies evidenced herein is Non-Contributory to other insurance available to an Additional Insured, but onlyin accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordanceCANCELLATIONCERTIFICATE HOLDERAUTHORIZED REPRESENTATIVE City of AlamedaAttn: Risk Manager2226 Santa Clara AvenueAlameda CA 94501 USA ACORD 25 (2016/03)©1988-2015 ACORD CORPORATION. All rights reservedThe ACORD name and logo are registered marks of ACORDSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 3/26/2026

with the policy provisions of the Workers Compensation policy.FORM TITLE:FORM NUMBER:THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ADDITIONAL REMARKSEFFECTIVE DATE:CARRIERNAIC CODEPOLICY NUMBERAon Risk Services Central, Inc.NAMED INSUREDAGENCYLOC #: 10537531 AGENCY CUSTOMER ID:
© 2008 ACORD CORPORATION. All rights reserved.

See Certificate Number:See Certificate Number:

The ACORD name and logo are registered marks of ACORD
570118801673 570118801673 ACORD 25Certificate of Liability InsuranceAdditional Description of Operations / Locations / Vehicles:

ACORD 101 (2008/01)
ADDITIONAL REMARKS SCHEDULEPage _ of _
Landscape Structures, Inc.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:G47470183 002 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
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
As required by written contract signed by both
parties prior to loss.

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

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.

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.
.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:G47470183 002 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations As required by written contract signed by both
parties prior to loss.

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

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

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

B. 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.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER:G47470183 002
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

AUTOS ONLY
03/25/2026

APPERSON INSURANCE SERVICES
4444 Manzanita Ave STE 4
Carmichael
CA
95608
Anastasia Rusnac
(916) 459-2299
(916) 200-4318
[email protected]
Blanchard Construction
5010 STIRLING STREET

GRANITE BAY
CA
95746
James River Insurance Company
12203
Infinity Select Insurance Company
011252

KINSALE INSURANCE
014027
Scottsdale Insurance Company
15580
A
x
P0000005965
03/07/2026
03/07/2027
1,000,000
50000
1000
1,000,000
2,000,000
2,000,000
Employee Benefits Liability
1,000,000
B
x
50018885801
11/28/2025
11/28/2026
1,000,000
C
x
0100109450-6
03/07/2026
03/07/2027
3,000,000
3,000,000
D
builder risk-inland marine floater
policy
CPS8401643
3/23/2026
3/23/2027
amount covered for
258492
property on site
deductible
2500
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards, commissions, officials, employees, agents, and volunteers are named additional insured to the general liability and auto liability policies. Excess follows after gl coverages. 30 day notice of cancellation and 10 day notice for non-payment will be delivered per policy provisions. Blanket waiver has been attached.

The City of Alameda
2263 Santa Clara Ave
Alameda
CA
94501
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 3/26/2026
ST-White
ADDL INSURED COPY AMEND DATE : 03/25/2026
50461AIS01 ENDORSEMENT : 4-4
Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391 Claims Service: (800) 353-6737

ADDITIONAL NAMED INSURED ENDORSEMENT
Copy To Policy ID Number Expiration Date
50018885801 11/28/2026 12:01 a.m.

Named Insured
THOMAS BLANCHARD DBA Blanchard Construction
The City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
This endorsement is attached to and forms a part of the listed policy.

No changes will be effective prior to the time changes are requested.

Additional Insured
The City of Alameda
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards, commissions, officials, employees, agents, and volunteers are named additional insured
Part A - Liability Coverage, is changed as follows:

The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance.

All other parts of this Policy remain unchanged.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 ST-White
ADDL INSURED COPY AMEND DATE : 03/25/2026
500PNCV01 ENDORSEMENT : 4-4
Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391 Claims Service: (800) 353-6737

PRIMARY AND NONCONTRIBUTORY ENDORSEMENT
Copy To Policy ID Number Expiration Date
50018885801 11/28/2026 12:01 a.m.

Named Insured
THOMAS BLANCHARD DBA Blanchard Construction
The City of Alameda
2263 Santa Clara Ave
Alameda, CA 94501
This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page.
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards, commissions, officials, employees, agents, and volunteers are named additional insured
This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY.

PART A – LIABILITY COVERAGE OTHER INSURANCE – PART A ONLY The following is added to this section:

The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
a. You have agreed in writing in a contract or agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and
b. Such additional insured is a named insured under such other insurance.

ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AP5012US 12-03 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

POLICY LIMITATION – AMENDED AGGREGATE LIMITS OF

INSURANCE PER PROJECT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section III – Limits of Insurance - The General Aggregate Limit applies separately to each “Project” of the Named Insured.

For the purpose of this endorsement, the following definition is added:
“Project” means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple “locations” under one contract are not separate “projects” within the meaning of this coverage.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $5,000,000 for all claims under this policy that are subject to the General Aggregate limit.

POLICY NUMBER: P0000005965
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1  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

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

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) desi g-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional excl u-
sions apply:

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

1. All work, including materials, parts or equi p-
ment furnished in connection with such work,
on the project (other than service, maint enance
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 i n-
tended use by any person or organization other
than another contractor or subcontractor e n-
gaged in performing operations for a principal
as a part of the same project.

P0000005965
Where required by written contract or written
agreement
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards, commissions, officials, employees, agents, and volunteers are named additional insured
The City of Alameda
2263 Santa Clara Ave
Alameda CA 94501
All operations of the Named Insured
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 POLICY NUMBER: P0000005965 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations Where required by written contract or written agreement job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards,
commissions, officials, employees, agents, and
volunteers are named additional insured
The City of Alameda
2263 Santa Clara Ave
Alameda CA 94501
All operations of the Named Insureds
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to include
as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated
and described in the schedule of this endorsement
performed for that additional insured and included in the "products-completed operations hazard".

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 POLICY NUMBER: P0000005965 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Where required by written contract or written agreement Certificate holder: Additional insured
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards, commissions, officials, employees, agents, and volunteers are named additional insured The City of Alameda
2263 Santa Clara Ave
Alameda CA 94501
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

We waive any right of recovery we may have against the
person or organization shown in the Schedule above
because of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a contract with that person or organization
and included in the "products-completed operations
hazard". This waiver applies only to the person or
organization shown in the Schedule above.

Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AP5031US 04-10 Page 1 of 1

PRIMARY AND NON CONTRIBUTORY

ENDORSEMENT
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS
Name Of Additional Insured Person(s)
Or Organization(s):

If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy.

Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Certificate holder: Additional insured
job site: 3225 Mecartney Road Alameda, CA 94502
The City of Alameda, City, its City Council, boards,
commissions, officials, employees, agents, and
volunteers are named additional insured
The City of Alameda
2263 Santa Clara Ave
Alameda CA 94501
•
POLICY NUMBER: P0000005965
Docusign Envelope ID: A3679888-3380-802C-83E2-4966F62F5505 Docusign Envelope ID: EB292DFC-0C64-8311-8300-3B946D95FF59

Alameda City CouncilMay 19, 2026

Alameda City Council
May 19, 2026