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HomeMy WebLinkAboutAGMT - All American Asphalt (Westminster Ave Rehab CIP ST610 & ST1509RECORDING REQUESTED BY AND WHEN CITY OF SEAL B Attn: City Clerk 211 - 8th Street Seal Beach, CA f IN LCILL-1� MAR 2 6 318 CITY CLE CITY O� SEAL Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder NO FEE DD R 0 0 0 9 9 6 0 5 1 6$ 11 2018000096319 DD * 8 2018000096319 2:27 pm 03119118 65 422 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 8th Street Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on August 25, 2017. The work was Westminster Avenue Rehabilitation Project CIP No. ST1610. 6. The name of the contractor(s), if any, for such improvement was: All American Asphalt. The date of the Contract Award was May 8. 2017. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Westminster Avenue from West City Limit to Seal Beach Boulevard City of Seal Beach. Date: (ol I r6 Dire r (' f Public Work , City ofSeal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on /Otynd 6 , 2018, at Seal Beach, California. (Date of Signature) Direct of Public Works, G6 of eal Beach iz 1� r n RECORDING REQUESTED BY AND WHEN CITY OF SEAL BEACF Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 MAR 2 6 1018 CITY CLE CITY" O� SEAL Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder II11II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�� NO FEE *$ R D 0 0 9 9 6 0 s 1 s$ 2018000096318 2:27 pm 03/19/18 65 422 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on July 28 2017. The work was Westminster Avenue Landscape Median Improvement Project CIP No. ST1509. 6. The name of the contractor(s), if any, for such improvement was: All American Asphalt. The date of the Contract Award was May 8 2017. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Westminster Avenue from Date: :3 1 [a I )ec Director of Public Works, City of Seal 9'egch-- Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 11p�1 o6 2018, at Seal Beach, California. (Date of Signature) Director of Public Works, CitVdf Seal Beach PUBLIC WORKS AGREEMENT FOR WESTMINSTER AVENUE REHABILITATION PROJECT CIP NO. ST1610 FEDERAL PROJECT NO. STPL -5229 (016)(TASK 1) AND WESTMINSTER AVENUE MEDIAN IMPROVEMENT PROJECT CIP NO. ST1509 (TASK 2) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 F1 All American Asphalt 400 East Sixth Street Corona, CA 92879 (951) 736 -7600 (951) 736 -7646 - FAX THIS AGREEMENT is made as of May 8, 2017 by and between the City of Seal Beach, a California charter city ( "City "), and All American Asphalt., a General Contractor ( "Contractor'). 1 of ID I' PUBLIC WORKS AGREEMENT FOR WESTMINSTER AVENUE REHABILITATION PROJECT CIP NO. ST1610 FEDERAL PROJECT NO. STPL -5229 (016)(TASK 1) AND WESTMINSTER AVENUE MEDIAN IMPROVEMENT PROJECT CIP NO. ST1509 (TASK 2) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 F1 All American Asphalt 400 East Sixth Street Corona, CA 92879 (951) 736 -7600 (951) 736 -7646 - FAX THIS AGREEMENT is made as of May 8, 2017 by and between the City of Seal Beach, a California charter city ( "City "), and All American Asphalt., a General Contractor ( "Contractor'). 1 of ID RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Westminster Avenue Rehabilitation Project CIP No. ST1610 (Task 1) & Westminster Avenue Median Improvement Project CIP No. ST1509 (Task 2) ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated April 27, 2017 in the amount of $1,053,170.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless (Exhibit G), Required Contract Provisions Federal -Aid (Exhibit H), Federal Wage Rates (Exhibit 1), Accepted Proposal (Exhibit J), and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such 2of0 labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of May 8, 2017 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $1,053,170.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its 3 of 10 agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 4 of* 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1 Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2 Additional Insured Endorsement - Additional Insured Endorsement - 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 5of10 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6 of 10 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 7 of 10 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: All American Asphalt 400 East Sixth Street Corona, CA 92879 Telephone: (951) 736 -7600 Fax: (951) 736 -7646 Attn: Mark Luer 10. Non - Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Claim Dispute Resolution. 12.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. 8 of JU Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 12.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 13. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 14. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 15. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 16. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 17. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. 9 of fo CITY OF SEAL BEACH M berts, City �..� Approved as to F m: By: Crai A. 8teefe, City Attorney CONTRACTOR: By: Z�� e: Edward J. Carlson Vice President Name: Title: Michael Farkas, Secretary 10 of 10 EXHIBITA FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D -3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS EXHIBIT H REQUIRED CONTRACT PROVISIONS FEDERAL -AID (FORM FHWA -1273) EXHIBIT I FEDERAL WAGE RATES EXHIBIT J ACCEPTED PROPOSAL (NOTE: Exhibits will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re- advertise for construction or award to the next lowest responsive bidder.) EXHIBIT A FAITHFUL PERFORMANCE BOND Exhibit A, Page 1 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 3 Counterparts Bond No. 7653046 ^—Bond Premium $4,•160.00 PERFORMANCE BOND KNOW ALL PERSONS BY TIMSE PRESENTS dray. WHEREAS the City of Seal Beach, has awarded All American Asphalt 400 East Sixth Street Corona CA 92879 (Name and address of Contractor) ( "Principal "), a contract (the "Contract") for the work described as follows. Westminster Avenue Rehabilitation Project CIP No. ST1610 Trask 11 & Westminster Avenue Median Landscape Imnmvemcm: Project CIP No. STI509 fTa5k2l WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900 Los Angeles CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One Million Fifty Three Thousand One Hundred Seventy and 001100 Dollars (S 1053,170.00 1, this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, aheration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions Of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 8, 2017 Page I }76 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland Its Rebecca Haas - Bates, Attorney -in -Fact By: .y Its (Seal) (Seal) - Note: This bond must be dated, all signatures must be notariz_ d -.and evidence of the authority of any person signing as attorney -in -fact must be, attached. Page D-77 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 7789 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. nr validity of that document. State of California County of Riverside On 5/8/2017 before me, Donna Thorne Notary Public Date Here Insert name and True of the Officer personally appeared Mark Luer and Michael Farkas Name(s) of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument y+ and acknowledged to me that he/she /they executed the same in 7 DONNA THORNE I hi6iher /their authorized capacity(ies), and that by his/her/their Commission # 2067768 L signature(s) on the instrument the person(s), or the entity upon behalf -as Notary Public - California i of which the person(s) acted, executed the instrument. Z' .: Z Riverside County My Comm. Expires Jun 7, 2018 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPL4 -4- J- 1'� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond No. 7653046 Document Date: 05/08/2017 Number of Pages: Two (2) Signer(6) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Liter Li Individual X Corporate Officer— Title(s): President • Partner D o Limited o General • Attorney in Fact • Trustee Top of Thumb here o Other: Signer's Name: Michael Farkas u Individual X Corporate Officer — Title(s):Secretary u Partner ❑ o Limited u General ll■III!!lI�I! • Attorney in Fact • Trustee o Other: Signer is Representing: I I Siqner is Top of Numb here UALIFORAIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 05/02/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameN,of Signers} who proved to me on the basis of satisfactory evidence to be the person* whose name(3* is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in hfslher/their authorized capacity(ies), and that by N<her /their signatures on the instrument the person(*, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A. MACFARLANE Notary Public- California (C Orange County Commission 82188592 Signature My Comm. Expires Mar 27, 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Perfomtance Bond No. 7653046 Document Date: 05108/2017 Number of Pages: TNvo 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General • Individual 2Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Marvland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of altomey issued by the Company, shall be valid and binding upon the Company with the same fierce and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 8th day of May 2017 ,moo oaroi� v By: Gerald F. Haley, Vice President PRF7653046 Bond Number City of Seal Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURE'T'Y COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is it true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this am day of May A.D. 2017 BY Michael P. Bond Vice President State of Maryland County of Baltimore By: Eric U Barnes Secretary ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTI'AND SURETYCOMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND )ooa,� ' �N Yia On this 8th day of May A.D. 2017 , before the subscriber, a Notary Public of the Slate of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN'ITSTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. A.� � ..... ... � Constance A. Dung Notary Public Ji My Commission Expires: July 9, 2019'�y�i( "�a.. >sj EXHIBIT B PAYMENT BOND Exhibit B, Page 1 Bond No. 7653046 Bond Premium Premium is included in the performance bond Executed in:3 Counterparts PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to All American Asphalt 400 East Sixth Street Corona CA 92879 (Name and address of Contractor) ( "Principal"), a contract (the "Contract ") for the work described as follows: Westminster Avenue Rehabilitation Proiect CIPNo .ST1610 [Task 11 & Westminster Avenue Median Landscarx Improvement Project CIP No. ST1509 fTask21 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Five Hundred Twenty Six Thousand Dollars (S 526,585.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. Page D -79 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 8, 2017 "Principal "Surety" All American Asphalt Fidelity and Deposit Company of Maryland its cu *- �� -p�� "> �n Its Rebecca Haas - Bates, Attorney -in -Fact, . By: c, 1 J By: tts /'tic�rul Hcr%c.S Szcr[tary to (Seat) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the auLhurily of arty persuu signing as atturuey -iii-feel nwbl, be attached. Page D -80 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 IBM I ommmmomminommmom In A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document in which this certificate is attached. and not the truthfulness. accurnev. or validitv of that document. State of California County of Riverside On 5/8/2017 before me, Donna Thorne Notary Public Dale Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas Namets) of Signegs) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she /they executed the same in hislher /their authorized capacity(ies), and that by Ill Alhor /their DONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission p 2067768 z of which the person(s) acted, executed the instrument. a -u Notary Public - California z Z Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Jun 7, 2018 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature jyti9i4L4 —_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond No 7653046 Document Date: 05/08/2017 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signerls) Signer's Name: Mark Luer u Individual X Corporate Officer — Title(s): President • Partner D a Limited o General • Attorney in Fact • Trustee op of thumb here • Other: Signers Name: Michael Farkas L) Individual X Corporate Officer — Title(s):Secretary o Partner 0 o Limited o General u Attorney in Fact o Trustee o Other: Signer is Representing: I Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 05/02/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(`sl. who proved to me on the basis of satisfactory evidence to be the persons} whose name(6* is /ace subscribed to the within instrument and acknowledged to me that Wshe /they executed the same in hislher/their authorized capacity(it Q, and that by his ( her /fheir signature on the instrument the person( or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A. MACFARLANE - NotaryPublic — California z �� S Orange County Signature L Commission x 2188592 My Comm. Expires Mar 2r. 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7653046 Document Date: 05/08/2017 Number of Pages: Two (2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca 1-faas- 13ates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Individual [Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Marvland Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) item #5907 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V. Section 8, Attornevs -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies. recognizanees, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8. of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "Thal the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary, of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this Stn day of may zon - .o euarr a n, taw By: Gerald F. Haley, Vice President PRF7653046 Bond Number Citv of Seal Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation of-the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "). by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. do hereby nominate, constitute, and appoint Rebecca Haas -Bates its true and lawful agent and Anomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills. Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of May , A.D. Zen ALO 12-1 By: Michael P. Bond Vice President State of Maryland County of Baltimore By.: Eric U. Barnes Secretary ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND OFPOSIT CONIPANY OF MARYLAND f � r ae�y On this 8th day of May A.D. 2017 , before the subscriber, a Notary Public of the Slate of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposelh and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly uff ixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN *TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. � `­Q. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 ,``von �illry..r i `fit; :1% .S ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY All American Asphalt. P.O. Box 2229, Corona, CA 92878 -2229 Name and address of named insured ( "Named Insured"): ARCH Specialty Ins Co c/o EPIC 3633 Inland Empire Blvd., #640, Ontario, CA 91764 Name and address of Insurance Company ("Company "): OFFICIAL TITLE OF PROJECT: WESImiNSJER AVENUE REHAaturAT10N PROJECT CIP NO. ST1610 [TASK I j& WESTMINSTER AVENUE MEDIAN LANDSCAPE lm?ROVFMENTPROJECT CIP NO. STI509ITASK2) Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments trader the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability maned by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- tenewal except after written notice to Public Agency, by certified mail, return receipt requested, not Iess than thirty (30) days prior to the effective date thereof In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. S. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Page 0.84 City Engineer City of Seal Beach 211 gth Street, 2n° Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF $1,000,000 occ THIS ENDORSEMENT ATTACHES FROM/rO 8 /1/16 to 8/1/17 LIABII.ITX $2,c00.000 agg H. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: 0c Contractual Liability Owners/Landlords/Tenants I Manufacturers/Contractors X Products/Completed Operations ! W Broad Forth Property Damage Extended Bodily Injury Broad Form Comprehensive ]r General Liability Endorsement LA Explosion Hazard Cik Collapse Harard Ex Underground Property Damage Pollution Liability Liquor Liability 12. A Il deductible or Car self- insured retention (check one) of S 100, 000 applies to all coverage(s) except: --- -- (if none, so state). The deductible is applicable I,�per claim or : per occurrence (check one). 13. This is an lXaccurrence or F., claims made policy (check one). 14. This endorsement is effective on of Policy Number DPC100585600 5/25/17 at 12:01 A.M. and forms a part 1 R Lopez (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed May 25 .2017 Signature of lKutholizd9 Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 909) 919 -7880 Page D45 EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT COMMERICIAL GENERAL LIABILITY Exhibit D -1, Page 1 EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Exhibit D -2, Page 1 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY All American Asphalt. P.O. Box 2229, Corona, CA 92878 -2229 Name and address of named insured ( "Named Insured"): Zurich American Ins Co c/o EPIC 3633 inland Empire Blvd., #640, Ontario, CA 91764 Name and address of Insurance Company ("Company "r OFFICIAL TITLE OF PROJECT, WESTMINSTER AVENUE REmBILITATIONPROJECT CIP Na ST1610 /TASK 11 & WESTMINSTER AVENUE MEDIANLANDSCAPE IAIPROyEMBNT PROJECT CIP Na ST1509InsK21 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as joltows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall coveted as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or bold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction, interpretation, and enforcement of this contract of insurance. 'finis endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach Page D-97 211 8th Street, 2n° Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached_ TYPE OF COVERAGES TO WHICH LIMfrS OF THIS ENDORSEMENT ATTACHES LIABILITY POLICY PERIOD FROM/ TO Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: z Any Automobiles All Owned Automobiles 1% Non -owned Automobiles fi Hired Automobiles Scheduled Automobiles Garage Coverage Truckers Coverage Motor Carrier Act Bus Regulatory Reform Act Public Livery Coverage 11. A Lx deductible or ❑ self - insured retention (check one) of S 30,000 applies to all coverage(s) except_ _ (if none, so state). The deductible is applicable! Irper claim or C.I per occurrence (check one). 12. This is an Ix occurrence or C claims made policy (check one). 11 This endorsement is effective on 5/25/_17_ at 12:01 A.M. and forms a pan of Policy Number SAPS57108804 I, K Lopez (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endarsement and that by my execution hereof, I do so bind the Company. Executed .-Ma-y-25 ,2017 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.:( 909) _919 -7880 Page 0.88 EXHIBIT D -3 ADDITIONAL INSURED ENDORSEMENT Exhibit D -3, Page 1 ACOR6V CERTIFICATE OF LIABILITY INSURANCE 1`/ DATE01 /2 117 as /ol /zov 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CA LIC OB29370 1- 925- 244 -7700 Ridgewood Partners Insurance Centers (EPIC) [Inland Empire - Branch ID 145421 P.O. BOX 5003 CONTACT Certificates Department PHONE (925) 244 -7700 FAX lA/C No,.Ex[): (AIC NNE: (925) 901 -0671 E-MAIL EPICcerts@epicbrokers.com ADDRESS: P NSURER( )AFFORDING COVERAGE NAICk San Raman, CA 94583 INSURERA. ARCH SPECIALTY INS CO 121199 INSURED All American Asphalt INSURERB ZURICH AMER INS CO 116535 INSURERC: AMERICAN GUAR R LIAB INS 126247 INSURER D I P.O. Be. 2229 INSURER E : _ I GENERAL AGGREGATE INSURER F: I Carona, CA 92978 -2229 COVERAGES CERTIFICATE NUMBER: 49759804 RPVlglnm MIIMRPR. 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. INSR LTR rypE OFINSURANCE 'ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY E %P MMIDDIYYYY LIMITS A USA COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR DPC100585600 08/01/16 08/01/17 EACH OCCURRENCE DAMAGE TO RENTED PREMISES(Eaoccunenc) MILE EXP (Any one person) $ 1,000,000 $ 100,000 IX GEWL Is PERSONAL B ADVINJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY II JE� a LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2.000,000 s B AUTOMOBILE LIABILITY X ANY AUTO ALL OS SCHEDULED NON I AUTOS AUTOS (HIRED AUTOS AUTOS OWNED AUTOS BAP557108804 08/01/16 08/01/17 COMBINED SINGLE LIMIT (Ea accident g 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( 1 $ PROPERTY DAMAGE Feracc_I of $ $ C I X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE( SXS019797000 08/01/16 08/01/17 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 DED X RETENTION 10, 000 (Following -Form $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANV PROPRIETORIPARTNERIE%ECUTIVE OFFICERIMEMINE F�(CLUDE07 N❑ (Mandatory in NH) If yes, describe ontler DESCRIPTION OF OPERATIONS below NIA WC593205703 08 /01/16 08/01/17 X SEANTE ERH E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE - POLICY LIMIT $1,000,000 BE SC RIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AGO RD 101, Additional Remarks Schedule, may be attached if more space is required) Project 4r'ST1610 4 4STI509 / RE: Westminster Avenue Rehabilitation 6 Median Improvement Project / Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation (2] CERTIFICATE HOLDER rAlurrl I ATInN City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street AUTHORIZED REPRESENTATIVE Seal Beach, CA 90740 /� i/i ' \,/�/ USA CA- ACORD ACORD 25 (2014101) klee -ie 49759804 © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMO To: Whom it may concern From: Edgewood Partners Insurance Centers (EPIC) Named Insured: All American Asphalt et al Policy Number(s): 0PC100585600, BAP557108804, WC593205703, SXS019797000 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder; except, 10 days notice for non - payment of premium. Sincerely, Kathy Lopq, Account Manager tel: 925.244.7700 3000 executive parkway, suite 325, san ramon, ca 94583 ca license OB29370 epicbrokers.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM SECTION If — WHO IS AN INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liablllty for 'bodily injury', 'property damage ", or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work', including "your work" that has been completed; or B. to conneclion with your premises owned by or rented to you. As used in this endorsement, the words you" and 'your' refer to the Named Insured. All other terms and conditions of this Policy remain unchanged Schedule Project City of Seal Beach, its elected officials, officers, employees, Project #ST1610 & #ST1509 /RE: Westminster volunteers, agents serving as independent contractors in the Avenue Rehabilitation & Median Improvement Project role of City officials / / Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise slated herein. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy,) Policy Number DPC100585600 Named Insured: All American Asphalt et al Endorsement Effective Date: August 1, 2016 4678 00 CGL0006 00 05 07 Page 1 off THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the itelowing paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and non - contributory, and the written contract so requiring is executed by the Named Insured before any "occurrence' or offense, this insurance will be primary, but only If and to the extent required by that written contrail. All other terms and conditions of this Policy remain unchanged. Schedule City of Seal Beach, its elected officials, officers, employees, volunteers, agents serving as independent contractors in the role of City officials / Endorsement Number Project Project #ST1610 & #ST1509 /RE: Westminster Avenue Rehabilitation & Median Improvement Project This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number: DPC100585600 Named insured: All American Asphalt et at Endorsement Effective Date August 1, 2016 00 CGL0130 00 09 06 Page I of 1 4678 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF- INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization: Where required by written conlracl. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDffIONS, Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following provision: 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 operaliorts or 'your work' done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Schedule Project City of Seal Beach, its elected officials, officers, employees, Project #ST1610 & #ST1509 /RE: Westminster volunteers, agents serving as independent contractors in the Avenue Rehabilitation & Median Improvement Project role of City officials / / Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number, DPC100585600 Named Insured: All American Asphalt et at Endorsement Effective Date! August 1, 2016 00 CGL0121 00 09 06 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with Its permission. 4676 POLICYNUMBER BAP557108804 COMMERCIAL AUTO CA 20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORA TRUCKERS COVERAGE FORM VAth respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'Insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8/1/16 Countersigned By: Authorized Representative) Named Insured: All American Asphalt SCHEDULE Nacre of Persorgs) or Organlzalion(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON - CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Schedule Project City of Seal Beach, its elected officials, officers, employees, Project #ST1610 & #ST1509 IRE: Westminster volunteers, agents serving as independent contractors in the Avenue Rehabilitation & Median Improvement Project role of City officials / (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an 'Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an 'Insured" under the Wio Is An Insured Provision contained in Section 11 of the Coverage Form. CA 2048 02 99 Copyright, Insurance Services Office. Inc., 1998 Page 1 of 1 ❑ 4678 POLICYNUMBER BAP557108804 COMMERCIAL AUTO CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM VWh respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: All American Asphalt Endorsement Effective Dab: 8 / 1 / 16 SCHEDULE Name(s) Of Person(s) Or Organizatlon(s): ALL PERSONS AND /OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBP.OGATION BE PROVIDED UNDER THIS POLICY shown The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident"or the loss" under acontract with that person or organization. Schedule City of Seal Beach, its elected officials, officers, employees, volunteers, agents serving as independent contractors in the role of City officials / Project Project #ST1610 & #ST1509 / RE: Westminster Avenue Rehabilitation & Median Improvement Project 4678 CA 0444 0310 ® Insurance Services Office. Inc., 2009 Page 1 of 1 0 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed 484) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA Y,ta have the right to recover our payments from anyone liable for an injury covered by this policy. M will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . 00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization ALL PERSONS AND /OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED_BY_YOU FOR THAT PERSON AND /OR ORGANIZATION Schedule Job Description ALL CA OPERATION City of Seal Beach, its elected officials, officers, Project #ST1610 & #ST1509 /RE: Westminster Avenue employees, volunteers, agents serving as independent Rehabilitation & Median Improvement Project / contractors in the role of City officials / All American Asphalt Policy #WC593205703 8/1/16 Zurich American Ins. Co. WC 252 (4434) 4676 WC 04 03 06 (Ed. 4434) Page 1 of 1 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Exhibit E, Page 1 EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE Exhibit C, Page 1 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by All Anerican Asphalt NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740 -6379. 2. The insureds under such policy or policies arc: All American Asphalt 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE wC593205703 s /1/16 _ e /1/17 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. Its Authorized Rc;irAlimati ve Page D -82 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.151 [Public Contract Code § 20103.51 1, the undersigned, certify that 1 am aware of the following provisions of California law and that 1, or the entity on whose behalf this certification is given, hold a currently valid California contmctoes license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) -'tire bid is submitted_ on a state project governed by Section 10.164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 2010351 of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person peErformed contracting, work, or four, thousand five hundred dollars ($4,500), whichever is gtsater „or„ imprisonment in the county' jail for not less then 10 days nor more liar= six months, or both.” In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the _purposes of this subdivision means the - ` aggregate sum of the cost of materials and labor famished and the'cost of completing the work'to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within Page 0.91 three business days. For purposes of this section, a telephone response by the hoard shall he deemed sufficient. Public Contract Code § 20103.5: in all contracts subject to this part where federal funds are involved no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. 7be first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre- qualification questionnaire and financial statement Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 9g7n73 Class: A. C -12 Expiration Date Date: May 9th, 2017 Page D -92 three business days. For purposes of this section, a telephone response by the hoard shall he deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contactor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contactors State License Board. The agency shall include a statement to that effect in the standard form of pre- qualification questionnaire and financial statement Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 2r7n79 Class: A. C -12 Expiration Date:_ Dom: May 9th, 2017 Page D -92 EXHIBIT F LABOR LAW REQUIREMENTS Exhibit F, Page 1 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771, !773.8, 1774, 1775, 1776, 1777.5, 1813, 1815, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: I. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for Failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars (S50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 coneeming penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Califomia Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self - insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract." Date May 9th, 2017 Signature <" — Edward J. adson, Vice President Page D -94 EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT Page D -95 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECTOR WORK: WESTMINSTER AVENUE REHABILITATION PROJECT CIP NO. ST1610 ITASK I]& WESTMINSTER AVENUE MEDL4N LANDSCAPE IMPROVEMENT PROJECT CIP NO ST1509 ITAS621 Indemnitorfs) (list all names): _- - _All American.Asphalt___—___ To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold ham less the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnit" shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or my additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor' Name_ • / /H�� Name: By: _Edward J. Carlson, Vice President By. Michael Farkas, Secretary Its its -- -- - - ---_ Page D -96 EXHIBIT H RQUIRED CONTRACT PROVISIONS FEDERAL -AID (FORM FHWA -1273) Exhibit H -1, Page 1 Local Assistance Procedures Manual Exhibit 12 -G Required Federal -aid Contract Language FHWA -1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety. Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI, Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA -1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this forth in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA -1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design - builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA -1273 in bid proposal or request for proposal documents, however, the Form FHWA -1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services relatetl to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors . It NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60 -4.3. Note -. The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625 -1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act Of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and /or on- the -job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so Page S of 22 DLA-OB 13 -06 August 12, 2013 Local Assistance Procedures Manual 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duly with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. DLA -OB 13 -06 Exhibit 12 -G Required Federal -aid Contract Language b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable lime. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency Page 9 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12 -G Required Federal -aid Contract Language and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and /or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants I Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race , color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT - approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race , color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable limes and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and DLA -OR 13 -06 (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on- the -job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race , color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS -BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right -of -way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA -1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Page 10 of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12 -G Required Federal -aid Contract Language Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination ( including any additional classification and wage rates conformed under paragraph i.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (t The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. DLA -OB 13 -06 (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. C. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Page 1 I of 22 August 12, 2013 Local Assistance Procedures Manual Exhibit 12 -G Required Federal -aid Contract Language b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http: / /www.dol.gov /esa /whd /forms /wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the DLA -06 13 -06 contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office , withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration_ Page 12 of 22 August 12, 2013 Local Assistance Procedures Manual The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this wntract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. DLA -OB 13 -06 Exhibit 12 -G Required Federal -aid Contract Language 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (i.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable an account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same Page 13 of 22 August 12, 2013 Local Assistance Procedures Manual prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635.116). a. The tens "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -to -day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. 'Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract EILA -013 13 -06 Exhibit 12 -G Required Federal -aid Contract Language requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self - performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self - performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safely Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 19263, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA -1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places Page 14 of 22 August 12, 2013 Local Assistance Procedures Manual where it is readily available to all persons concemed with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firth, of corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and supplemented: Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid /proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. DLA -0131 13 -06 Exhibit 12 -G Required Federal -aid Contract Language b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," " ineligible," "participant; "'person;' "principal;' and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (huos. /Avww.epls.gov /), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and Page 15 of 22 August 12, 2013 Local Assistance Procedures Manual information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (I) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency: (2) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Stale or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, Stale or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. J . The terms "covered transaction," "debarred," "suspended," "ineligible," " participant; "'person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 Exhibit 12 -G Required Federal -aid Contract Language and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos: / /www.epls gov /), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - -Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. Page 16 of 22 DLA -011 13 -06 August 12, 2013 Local Assistance Procedures Manual Exhibit 12 -G Required Federal -aid Contract Language 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 17 of 22 DLA -013 13 -06 August 12, 2013 EXHIBIT I FEDERAL WAGE RATES Exhibit 1 -1, Page 1 General Decision Number: CA170035 03/31/2017 CA35 Superseded General Decision Number: CA20160035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (ED) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the ED, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The ED minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the ED is available at www.dol.gov /whd /govcontracts. Modification Number 0 1 2 3 4 5 ASBE0005 -002 07/04/2016 Publication Date 01/06/2017 01/20/2017 01/27/2017 02/17/2017 03/10/2017 03/31/2017 Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ ------------------------ ASBE0005 -004 07/04/2016 Asbestos Removal Rates Fringes 38.37 20.13 26.15 17.31 ------------------------ ----- Rates Fringes worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.38 10.82 * BRCA0004 -010 05/01/2016 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 37.93 14.94 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1 -15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino /Riverside County hourly wage rate * BRCA0018 -004 06/01/2016 Rates MARBLE FINISHER ..................$ 29.20 TILE FINISHER ....................$ 24.53 TILE LAYER .......................$ 35.89 BRCA0018 -010 09/01/2016 Rates TERRAZZO FINISHER ................$ 28.53 TERRAZZO WORKER/SETTER ........... $ 35.57 ----------------------- CARP0409 -001 07/01/2016 --------------- Fringes 12.93 11.08 16.24 --------------- Fringes 12.27 13.14 - --- ----- - - - - -- Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 39.83 17.03 (2) Millwright ..............$ 40.90 17.03 (3) Piledrivermen /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 40.53 17.03 (4) Pneumatic Nailer, Power Stapler ...............$ 40.09 17.03 (5) Sawfiler ...............$ 39.83 17.03 (6) Scaffold Builder ....... $ 31.60 17.03 (7) Table Power Saw Operator ....................$ 40.93 17.03 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. --------------------------------------------------------------- CARP0409 -005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 40.40 15.03 STOCKER/SCRAPPER ............ $ 10.00 7.17 ---------------------------------------------------------------- CARP0409 -008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 ---------------------------------------------------------- ELEC0011 -002 12/28/2015 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 30.73 14.00 Technician ..................$ 30.10 12.48 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi- media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ------------------------- ELEC0441 -001 02/27/2017 Rates Fringes CABLE SPLICER ....................$ 44.20 18.83 ELECTRICIAN ......................$ 42.26 18.77 * ELEC0441 -003 12/26/2016 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 32.50 12.64 Technician ..................$ 31.23 15.39 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and /or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi- media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems SCADA (Supervisory control /data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission /Transference Systems Background- Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low - Voltage Master Clock Systems Multi- Media /Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems - installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar /Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician. --------------------------------------------------------------- ELEC0441 -004 02/27/2017 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS 6 STREET LIGHTING) Cable Splicer /Fiber Optic Splicer .....................$ 44.20 18.83 Electrician .................$ 42.26 18.77 Technician ..................$ 31.76 16.75 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires ". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video /data. --------------------------------------------------------------- ELEC1245 -001 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 52.85 15.53 (2) Equipment specialist (All Other Work) (operates crawler tractors, commercial motor 1 ....................$ vehicles, backhoes, 23.35 GROUP trenchers, cranes (50 tons ....................$ 40.73 and below), overhead & GROUP 3 underground distribution 41.02 23.35 line equipment) ........... $ 42.21 14.32 (3) Groundman ...............$ 32.28 14.03 (4) Powderman ...............$ 47.19 14.60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018 -001 01/01/2017 Rates Fringes ELEVATOR MECHANIC ................$ 52.21 31.585 FOOTNOTE: PAID VACATION: Employer contributes 88 of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 68 for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ----------------------- ENGI0012 -003 07/01/2016 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 39.95 23.35 GROUP 2 ....................$ 40.73 23.35 GROUP 3 ....................$ 41.02 23.35 GROUP 4 ....................$ 42.51 23.35 GROUP 5 ....................$ 41.86 23.35 GROUP 6 ....................$ 41.83 23.35 GROUP 8 ....................$ 42.84 23.35 GROUP 9 ....................$ 42.19 23.35 GROUP 10 ....................$ 42.96 23.35 GROUP 11 ....................$ 42.31 23.35 GROUP 12 ....................$ 43.13 23.35 GROUP 13 ....................$ 43.23 23.35 GROUP 14 ....................$ 43.26 23.35 GROUP 15 ....................$ 43.34 23.35 GROUP 16 ....................$ 43.46 23.35 GROUP 17 ....................$ 43.63 23.35 GROUP 18 ....................$ 43.73 23.35 GROUP 19 ....................$ 43.84 23.35 GROUP 20 ....................$ 43.96 23.35 GROUP 21 ....................$ 44.13 23.35 GROUP 22 ....................$ 44.23 23.35 GROUP 23 ....................$ 44.34 23.35 GROUP 24 ....................$ 44.46 23.35 GROUP 25 ....................$ 44.63 23.35 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 43.20 22.15 GROUP 2 ....................$ 43.98 22.15 GROUP 3 ....................$ 44.27 22.15 GROUP 4 ....................$ 44.41 22.15 GROUP 5 ....................$ 44.63 22.15 GROUP 6 ....................$ 44.74 22.15 GROUP 7 ....................$ 44.86 22.15 GROUP 8 ....................$ 45.03 22.15 GROUP 9 ....................$ 45.20 22.15 GROUP 10 ....................$ 46.20 22.15 GROUP 11 ....................$ 47.20 22.15 GROUP 12 ....................$ 48.20 22.15 GROUP 13 ....................$ 49.20 22.15 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 41.80 23.35 GROUP 2 ....................$ 42.58 23.35 GROUP 3 ....................$ 42.87 23.35 GROUP 4 ....................$ 43.01 23.35 GROUP 5 ....................$ 43.23 23.35 GROUP 6 ....................$ 43.34 23.35 GROUP 7 ....................$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator- inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt- rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra- hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power- driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw /Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self- propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p, flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt- rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator ( Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth - moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self - loading paddle wheel type -Sohn Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth- moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle- wheel -auger type self - loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin- Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I -15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of TlS, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County /California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner Of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the BE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S tO that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ________________________________ _______________________________ ENGI0012 -004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman ................$ 49.50 23.60 (2) Dredge dozer ............ $ 43.53 23.60 (3) Deckmate ................$ 43.42 23.60 (4) Winch operator (stern winch on dredge) ............ $ 42.87 23.60 (5) Fireman - Oiler, Deckhand, Bargeman, Leveehand ...................$ 42.33 23.60 (6) Barge Mate ..............$ 42.94 23.60 IRON0377 -002 07/01/2016 Rates Fringes Ironworkers: Fence Erector ...............$ 28.33 20.64 Ornamental, Reinforcing and Structural ..............$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve - Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ____________________ LABO0300 -005 01/01/2017 _ -_ _______________ Rates Fringes Asbestos Removal Laborer ......... $ 31.88 16.82 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos - containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO0345 -001 07/03/2016 Rates Fringes LABORER ( GUNITE) GROUP 1 .....................$ 37.89 20.50 GROUP 2 .....................$ 36.94 20.50 GROUP 3 .....................$ 33.40 20.50 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ------------------------ LAB00652 -001 07/04/2016 LABORER (TUNNEL) GROUP GROUP GROUP GROUP LABORER GROUP GROUP GROUP GROUP GROUP Rates 1 .....................$ 38.09 2 .....................$ 36.41 3 .....................$ 38.87 4 .....................$ 39.56 1 .....................$ 32.34 2 .....................$ 32.89 3 .....................$ 33.44 4 .....................$ 34.99 5 .....................$ 35.34 LABORER CLASSIFICATIONS Fringes 19.07 19.07 19.07 19.07 19.07 19.07 19.07 19.07 19.07 GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on i yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come- alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work --------------------------------------------------------------- LAB00652 -003 07/01/2016 Rates Fringes Brick Tender .....................$ 30.52 18.56 --------------------------------- ---- -------------- - - - - -- LABO1184 -001 07/04/2016 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 33.65 13.95 (2) Vehicle Operator /Hauler.$ 33.82 13.95 (3) Horizontal Directional Drill Operator ..............$ 35.67 13.95 (4) Electronic Tracking Locator .....................$ 37.67 13.95 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ 34.86 17.03 GROUP 2 .....................$ 36.16 17.03 GROUP 3 .....................$ 38.17 17.03 GROUP 4 .....................$ 39.91 17.03 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LABO1414 -001 08/03/2016 Rates Fringes LABORER PLASTER CLEAN -UP LABORER .... $ 31.60 19.28 PLASTER TENDER ..............$ 34.15 19.28 work on a swing stage scaffold: $1.00 per hour additional. ------------------------ PAIN0036 -001 08/01/2016 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 27.59 13.24 (2) All Other Work .......... $ 31.12 13.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036 -008 10/01/2016 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 37.18 17.99 --------------------------------------------------------- PAIN0036 -015 06/01/2016 Rates Fringes GLAZIER ..........................$ 41.70 21.13 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247 -002 05/01/2016 Rates Fringes SOFT FLOOR LAYER .................$ 31.10 14.06 --------------------------------------------------------- PLAS0200 -009 08/05/2015 Rates Fringes PLASTERER ........................$ 38.44 13.77 ---------------------------------------------------------- PLAS0500 -002 07/01/2016 Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 33.30 23.33 ---------------------------------------------------------------- PLUM0016 -001 07/01/2016 Rates Fringes PLUMBER /PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 47.19 21.41 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 45.73 20.43 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 35.69 18.76 PLUM0345 -001 07/01/2014 Rates Fringes PLUMBER Landscape /Irrigation Fitter.$ 29.27 19.75 Sewer & Storm Drain Work .... $ 33.24 17.13 ---------------------------------------------------------------- ROOF0036 -002 08/01/2015 Rates Fringes ROOFER ...........................$ 35.07 14.40 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ----------------------------- SFCA0669 -008 04/01/2016 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 37.32 20.27 --------------------------------------------------------- SFCA0709 -003 07/01/2015 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 42.93 24.04 -------------------------------- ------------------------------- SHEE0105 -003 07/01/2016 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER Fringes (1) Commercial - New Construction and Remodel work ........................$ 41.86 26.88 (2) Industrial work 29.09 including air pollution GROUP control systems, noise ....................$ abatement, hand rails, 26.39 guard rails, excluding 3 aritechtural sheet metal 29.37 work, excluding A -C, GROUP heating, ventilating ....................$ systems for human comfort...$ 41.86 26.88 TEAM0011 -002 08/01/2016 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 29.09 26.39 GROUP 2 ....................$ 29.24 26.39 GROUP 3 ....................$ 29.37 26.39 GROUP 4 ....................$ 29.56 26.39 GROUP 5 ....................$ 29.59 26.39 GROUP 6 ....................$ 29.62 26.39 GROUP 7 ....................$ 29.87 26.39 GROUP 8 ....................$ 30.12 26.39 GROUP 9 ....................$ 30.32 26.39 GROUP 10 ....................$ 30.62 26.39 GROUP 11 ....................$ 31.12 26.39 GROUP 12 ....................$ 31.55 26.39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health - related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd /govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the 'SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1008 of the data reported for the classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated /CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT J ACCEPTED PROPOSAL Exhibit 1 -1, Page 1 �1 Section C PROPOSAL Bidders Name All American Asphalt TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (I)-this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non - Collusion Affidavit; (2)- bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information famished therefore and the site of the proposed work; and (3)-bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, far the following stated anit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record most include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a 1 principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety recard. An explanation of the circumstances surrounding any and all fatalities must be attached Accompanying this proposal is (Circle one "cash ", "a Cashier's Check", "a certified check ", or "a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of S Bid Bond. , an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section - 20172, except as otherwise provided in Public Contract Code section - 20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the MY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: completed by the undersigned is fixed at 60 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. Page C -t J .J CITY OF SEAL BEACH ORANGE COUNTY STATE OF CALIFORNIA 16,110X416 Ai1ww1 Proposal For Westminster Avenue Rehabilitation Project CIP No. STI610 Federal Project No. STPL -5229 (016) [Task Ij .e. Westminster Avenue Landscape Median Improvement Project CIP No. ST1509 [Task 21 from West City Limits to Seal Beach Blvd Bid Opening Date and Time.- Thursday, April 27,2017, 10:00 A.M. Page C -Z J CIP No. ST1610 [Task 11 BID SHEET Item Description Unii Quantity Unit Price Extended Price No. (in Figures) (in Figures) Mobilization and Demobilization; including but not limited to: 1 cleanup, preparation of a Water Pollution Control Program (WPCP) LS 1$ "' t and placement of construction period BIVIP's, complete and in place. Traffic Control; including but not limited to: preparing a traffic 2 control plan, provide two LS 1 Z1, 00 �—�-- $ Zgi q 00— changeable message boards, d. provide and maintain traffic control, complete and in lace- 3 Surveying 8 in lace. on Staking; complete and in place. LS 1 - 0 $TW — 2 0 0 4 Unclassified Excavation; complete and in place_ C Y 470 $ Asphalt Concrete (A.C.); fumish 5 and install pavement (PG 6410); TON 410 $ (ot `— ZS 0j 0 complete and in place. Crushed Aggregate Base (CAB); 6 furnish and install, complete and in Cy 265 $ 10 t 040— place. Crack Sealing; fumish and install 7 crack seating, complete and in LS 1 S51000— s 5 C06 — place. T- Cold Mill; perform 3° cold mill of a existing A.C. pavement, complete SF 329,000 $ 5 and in place. Asphalt Concrete (A.C.); furnish 9 and install pavement leveling course (PG 64 -10); complete and TON 4,110 $ 5� $ Z.3 .7 ,%So in place. Asphalt Rubber Rubber Hot Mix (ARHM); 10 furnish and install, complete and in TON 5,140 O 5 Z 09 0 place. Page C -3 al 1 Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) 11 Striping; furnish and install striping, pavement markings and markers, complete and in place. LS { i } 17 { 12 Root Removal; perform root pruning or selective root removal, complete and in place. EA 6 SH e-) 9 2 � 13 Sidewalk; sawcut, remove PCC and construct 4" sidewalk, complete and in place. SF 780 $ i $ I �- Curb & Gutter, sawcut, remove 14 PCC and construct curb & gutter, complete and in place. LF 215 $ -4 i - j$ 5 ' ?7 Fasten Truncated Domes; furnish 15 and install 3'x4' surface applied truncated domes, complete and in EA i 13g_—$ 2., Q�b place. 16 1 Adjust to Grade; adjust existing utility manhole to finish grade, complete and in place. EA 12 �- i 1 17 Adjust to Grade; adjust existing utility valve covers to finish grade, complete and in place. EA 13 1 j $ �4 • s 9 i Si —, TOTAL_ BID PRICE TASK 1 (ITEMS NO.1 THROUGH 17) -% 0 T i 1 tit) $ WORDS'tw<E _r'w SE.VeQ b01.LAP-S Z P-0 CEMTS FIGURE This project is funded with Federal -aid and applicable Federal contract provisions including, but not limited to reporting requirements, DBE records, labor compliance, Buy America Requirements and EEO shall apply. Page C -4 f �J CIP No. ST1509 (Tank 21 E! ■1 Item Description Unit Quantity Unit Price Extended Price No. in Figures) (' ig j (in Figures) Mobilization and Demobilization; including, but not limited to, clean up, complete punchlist, preparing 1 of Water Pollution Control Program (WPCP) and placement of LS 1 $ 1,65 —�- construction period BMP's. Complete in place. Traffic Control; including but not limited to: preparing a traffic 2 control plan, provide and maintain LS Traffic Control, complete and in lace. Weed Abatement; prior to demolition and existing planting removal, the CONTRACTOR shall provide 2 (two) applications of contact weed abatement Water, 3 fertilizer and apply "ROUND UP" LS 1 1&, 0 contact herbicide per manufacturer's recommendation to ail existing landscape medians as shown on plans. Demolition, Removal, Clearing and Grubbing; existing median planting areas. Remove and dispose offsite existing shrubs, plantings, root 4 systems, debris, and all obstructions shown on plans. SF 27,000 $ Remove and dispose offsite existing irrigation lateral lines and POP-UP heads. Page C -5 Item Unit Price Extended Price Description Unit Quantify No. (in Figures) (in Figures) Soil Preparation, Soff Import and Placement; purchase, place and I uniformly broadcast mix by means of rototilling to a depth of 6" (inch) 5 new soil amendments for all CY 500 $ $ - median landscape planting areas if r 1,2,3,4,5,6,7 & 8 per soils report shown on plan. Compact soil and fine grade all landscape planting areas_ Complete in Place 1 Soil Preparation, Soil Import and 6 ! Placement; import Class "A" soil planter mix in planting pits. LS t Complete in place. Forest Floor Mulch; purchase and ! 7 install Forest Floor Mulch 2" (inch) CY 250 ( $ (9I( • $ (( 17eep. Comolete.and_in.olace. Irrigation System; Irrigation, tunneling operations and connection to existing time clack, mainline, remote and control valves. Modify existing irrigation system for new drip irrigation and 8 install new irrigation drip tubbing, basket filters, air valves, lateral SF 27,000 fines (Class 200),manifolds and pop -uo bubblers with PVC fittings as indicated on plans. Connect to existing irrigation controllers A & B. ! } Complete and operative in place I Landscaping; purchase & Install 9 15- Gallons Shrub Plants. (White Indian Hawthorn). Complete and in EA 1o5 Is 1 $ 1 place. I ! Landscaping; purchase & Install 5- I Gallons Shrub Plants. 10 (Bougainvillea Purple Queen and EA I 278 $ VQ — $ X6 ® . Bird of Paradise). Complete and in i r place. Page C-b '-1 Item Unit Price Extended Price Description Unit Quantity No. (in Figures) (in Figures) Landscaping; purchase & Install 5- 1 ? Gallons Succulent Plants. (Fox Tail Agave and Octopus Agave). EA 157 $ ZA • —$ i Complete and in place. Landscaping; purchase & Install 1- 12 Gallon Shrub Plants.(Lily of the Nile). Complete and in place. EA 627 $ , -- �- Landscaping; purchase & Install 1- 13 Gallon Succulent Plants. ( Blue Pickle)- Complete and in place. EA 1,341 $ $ 1 2 U I Il `= Landscaping; purchase and Install Flat Groundcover Plants (Creeping 14 Nlyopgrum). Plant . spaced at 18" (inch)O.C. 50 plants per Rat FLATS 20 0 $ " t ZO -- i (2000 sq. R). Complete and in lace. Post Installation Maintenance; 90 Consecutive Calendar Days. 15 Landscape planting and irrigation maintenance period. Including LS 1 i—r— l fertilization. Complete and in Place. l TOTAL BID PRICE TASK 2 (ITEMS NO.1 THROUGH 15) F. 21- ` x,00 WORDS Fatty it-119 OLLAPS FIGURES (intentionally Left Blank) Page C -7 "TOTAL BID PRICE (TASKS I & 2) S�%Jr-WT4 60U-11 Rs Z.E.Ie0 G�-Yy "Note: The City shall award the contract based upon lowest cost for the Total Bid Price of (Tasks i & 2) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGLR2ES, THE WORDS SHALL PREVAIL. (Intentionally Left Blank) Page C -8 NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit andfor lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract The undersigned bidder agrees that, if awarded the Conti t, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License Pro: 267073 Class A, C -12 (REQUIRED AT TIME OF AWARD). 400 East Sixth Street Corona, CA 92879 No. rd Mark Luer Date Tide President Michael Farkas Daze Title Secretary Signature Date If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth- If bidder is a partnership or john venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the pazotersijoint venturers or of fewer than all of the parmersiJoint venturers if submitted with evidence of authority to act on behalf of the parhtershiprJoint venture. If bidder is a corporation, legal time of corporation must be provided, followed by signatures of the corporation President or `lice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known...to -him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C -9 � INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the rutluwing information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: 400 East Sixth Street, Corona, CA 92879 Telephone and Fax Number. Phone - (951) 736 -7600 Fax - (951) 736 -7646 California State Contractor's License No_ and Class: 267073 Class A, C -12 (REQUIRED AT TIME OF AWARD) Original Date issued: 1119 171Expiration Date: 1/31/2018 List the name and atle/posidon of the person(s) who inspected ror your firm the site of the work proposed in these contract documents: Jim McGee, Project Manager The following are the names, tides, addresses, and phone numbers of all individuals, firm members, parmers, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Mark Luer, President 400 East Sixth Street, Corona CA 92879 (951) 736 -7600 Edward J. Carlson, Vice President 400 East Sixth Street, Corona, CA 92879 (951) 736 -7600 Michael Farkas, Secretary 400 East Sixth Street, Corona, CA 92879 (951) 736 -7600 Corporation organized under the laws of the State of California The dates of any voluntary or involunta.; bankr_ptcy;udgr:enrs against any principal having an 'imciesr in this proposal are as follows: N/A Page C -10 All current and prior D.BA.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: N/A For all arbittations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A State the to -bunt (i.e, Superior Court, American Arbitration Association, etc) the matter number and outcome- N/A Have you ever had a contract terminated by the owner•'agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If so, explain. No For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One I. By you Ye most the owner? No 2. By er against you? Y- N Page C - II J r ,i 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, Psl.' rtified paymlis, etc..) 4. Ye - No 5. Ely tractors (Stop Notices, etc.) Y f No 6. Are . aims or actions unresolved or outstanding? Y- G] No If yes to any of the above, exptain. (Attach additional sheets, if necessary) 1,21/_1 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considcmd non- mcsponsivc. and swom to before me By _ day of (SEAL) N-, U6611t0l111W du "T 20 (print name of Owner or President ooffcoq! on/Company) (Signature) Mark Luer, Vice President (Title) Page C -12 �11�I1 pi (fie) (Sienature of secretary of Corporation) Michael Farkas, Secretary r'1 CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside COURTNEY CHAPAS . Notary Public - California- Riverside County Commission N 2172964 *My Comm. 6 ices Nov 20.2020+ Subscribed and sworn to (or affirmed) before me on this 19th day of April 2017 Date Month By (1) Mark Luer Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Michael Farkas Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature �* 04 Place Notary Seal Above Vg nature V Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Information Required of Bidder Document Date: 4 -19 -2017 Number of Pages: 3 Signer(s) Other Than Named Above: `-) a REFERENCES. Contractor must use this form!!! Please print or type. Bidders Name All American Asphalt FAI URE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked an (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: 1 ProjectName/Number 2014/2015 Preservation and Maintenance Project Description Preservation and Maintenance Approximate Construction Dates From to Agency Name City of Riverside 01/2016- 06/2016 Contact Person Steve Howard Telephonetg511 820 -57n8 Original ComsectAmounr$ $3,400,725.00. Final Contract Arrnurn$ $3,400,725.00 if final amount is diffe mt from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/ContractoO If yes, briefly explain and indicate outcome of claims. N/A 2 ProjectName/Number Annual Residential Overlay Project Description Annrial Racidpnt�. ial (1tor1n) Approximate Construction Dates From 01/2016 to 09/2016 Agency Name City of Rancho Santa Margarita Contact Person Max Maxi ous Telephone (941 63s -1800 Original Contract Amount $ $245 19000 Final Contract Amount $ $245,190.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Page C -13 Did you Me any claims against the Agency? Did the Agency file any claims against you/Ccatuactor? if yes, briefly explain and indicate outcome of claims. N/A 3 pmieet Name/Number Grand Ave. Beautification Project Project Description Beautification Project Approximate Construction Datcs Prom 08/2015 to 05/2016 Agency Name City of Diamond Bar Cut= person Kimberly Young Telephone (90!) 839 -7044 Original Contract Amount $1,939,000.00 Final ConttactAmount$ $1,939,000.00 It final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contmcrof? If yes, _ briefly explain and indicate outcome of claims. NIA 4 Project Name/Number Bear Valley Road Reconstruction Prcject Description Road Reconstruction Approximate Consmuction Dates From 0412016 ao 07/2016 Agency Name City of Victorville Contact Person Bruce Miller Telephone (760 269-0045 Original Contract Amount $ $2,611,215.00 Fural Contract Amount $ $2,611,215.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against youiContractof? Ifyes, briefly explain and indicate outcome of claim. Page C -14 N/A Project Name/Number FY 15 -16 St Resurfacing & Slurry Seal Project Project Description Resurfacing & Slurry Project Approximate Construction Dates From 11/2015 to 06/2016 Agency Name _ Cily of Palos Verdes Estates Contact Person Ken Rukavina -------Telephone (311 378 -0383 Original Contract Amount S $876,455.00 Final Contract Amount S $876,455.00 If final amount is ditfeem from original, please explain (change orders, extra work, etc.) Did you file my claims against the Agency? Did the Agency file any claims against yourContmctor•? If yes, briefly explain and indicate outcome of claims. iviA 6 Project NamelNumber Cameo Shores Pavement Reconstruction Project Description Pavement Reconstruction Approximate Construction Dates From 06/2016 to 1212016 Agency Name City of Newport Beach Contact Person Frank Tran Telephone (944 G44 -T14n Original Contract Amount S Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A Page C•15 z Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other infonnatien sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Page C -i6 NL 'BALL AMERICAN ASPHALT AN EQUAL OPPORTUNITY EMPLOYER ,Pae yeok -41Y74ewicazt YV15,1- 1t&KC%Wt �95�J�f53 -�{6�5 ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951- 736 -7600 f 951- 739 -4671 P.O. BOX 2229, CORONA, CA 92878 -2229 CONTRACTORS LICENSE #267073 A.C12 D I R. # 1000001051 Rick Selph has been with All American Asphalt with 32 years where he has held a variety of different positions, most currently being a manager for over 20 years. As a superintendent, Rick is in charge scheduling jobs, attending meetings, consistently improving job quality and keeping accurate records of quantities used on jobs to maintain meticulous invoicing. All American Asphalt feels that Rick Selph is the best superintendent for this -ob because of his extensive knowledge of Orange County. References: Reza Jafari om Banks City of Irvine City of Costa Mesa 949 - 724 -7545 714 - 925 -742 DESIGNATION OF SURETIES Bidder's name All American Asphalt Provide the names, addresses, and phone numbers for all brokers and sureties fiom whom Bidder intends to procure insurance and bonds (list by instuancelboad type): Broker Fidelity and Deposit Company of Maryland 777 S Figueroa St # 3900 Los Angeles, CA 90017 Phone: (213) 270 -0600 Owen Brown Insurance Millennium Corporate Solutions 5530 Trabuco Rd Irvine, CA 92620 Phone: (949) 557 -4500 Fax: (949) 679 -7226 _J Page C -17 ACICVOWLEDGEMENT OF ADDENDA Bidder's name All American The bidder shall sign. nify receipt of all Addenda hers, if any: It shall be the sole responsibility of the Contractor to acknowledge all addendums on the project. if the Contractor acquired the bid package from an online plan room the City recommends checking with the Public Works Department for addendums prior to the bid opening date, Page C -13 J CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name All American Asphalt Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder All American Asphalt Business Address: 400 East Sixth Street, Corona, CA 92879 Business Tel. No.: (951) 736 -7600 Fax: (951) 736 -7646 State Contractor's License No. and Classification: 267073 Class A, C12 Title Edward J. Carlson Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true apd accurate within the limitations of those records. Signature Title Mark Luer, President Current 2 2 2 2 2 Signature of bidder Date Year of o o a a u Total Year Record 6 5 q 3 2 No.ofcomtaar 285 1,052 930 842 897 837 4,621 LOt2.-%:.+'�+ Total dollar Amount of Cone (in 8,253,505.66 5897 70,24 53.58( 1,315,642 Thousands of 8) fi0,28 58,28 No. of fatalities 0 0 0 0 0 2 2 o' k No. of lost Workday 0 18 16 15 17 9 75 Cases O ,. rt„} No. of lost workday cases involving permanent 0 8 3 5 1 1 18 transfer m another job or termination of em to meat The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder All American Asphalt Business Address: 400 East Sixth Street, Corona, CA 92879 Business Tel. No.: (951) 736 -7600 Fax: (951) 736 -7646 State Contractor's License No. and Classification: 267073 Class A, C12 Title Edward J. Carlson Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true apd accurate within the limitations of those records. Signature Title Mark Luer, President Signature of bidder Date 4119 Ti l Title Michael Farkas, Secretary Signature of bidder Date Title Signature of bidder Date Title Page C -19 i If bidder is an individual, name and signature of individual most be provided, and, if he is doing business under a 5.21tious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of parmership(joint venture must be provided, followed by signatures of all of the partnersfuint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the parmershipljoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vim President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such parmersJoint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Beard of Directors. Page C'Z0 .J NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of Riverside Mark Luer , being first duly swom, deposes and says that he or she is President of All American Asphalt , the party matting the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to pm in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, dr of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has nor, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or many member or agent thereofto effectuate a collusive or sham bid_ Westminster Avenue Rehabilitation Project CIF No. ST1610 Federal Project No STPL -5229 (016) [task 11 & Westminster Avenue Landscape Median Improvement Project C No. ST1509 (Task 21 from West Citv Limits to Seal Beach Blvd. Project Name: - .. .. ..__ .. All American Asphalt Legal Business Name of Bidder 400 East Sixth Street, Corona, CA 92879 Business Address Mark Luer. President Title i _ Signature of bidder Michael Farkas_ Secretary Title „ . _ t- � Subscribed and- SWOmtobefore me on (Notary Seal) i Notar.1 Public Page C -21 _I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside COURTNEY CHAP -- Notary Public= California Riverside County - -_ Commission O 2172984 "ME cotnm." etwo Nov 20.2020 _ Subscribed and sworn to (or affirmed) before me on this 19th day of April 2017, Date Month By (1) Mark Luer Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Michael Farkas Name of Sinner Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Place Notary Seal Above Sig, a ure of Ncthry Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: 4 -19 -2017 Number of Pages: 1 Signer(s) Other Than Named Above: None J LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Cade Secdon4t04, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the wodt to be performed by: (1}each subcontractor who will perform work or labor or render service to the bidder (as general Contractor) in or about the construction of the work or improvement; and (2) -each subcontractor licensed by the State of California who, under subcontract to the bidder, specialty fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one -half of one percent of the bidder's total bid or ten thousand dollars (S 10,000), whichever is greater. Subcontractor's Name, Address, Bid Percent Description of Work Percent of Telephone 9 Item Of Total Total Bid Number Bid cPtsEa.v,tiD S��.Vt_yW �iftsk 4 ov-.w &C, CA IT£yf, .N ' /. StJKVCL(iNG il4 -bv` - IZIL( 3 50a1Er4tbV- M\j I=Mgl s Vnc�P kl I�Evn t.�%� Sid 1 P(N 6 t9,f E S,Ci4 Vv tiL112�IN(� IN gel'S -8100 o £ St6 k (24jYO61-�—, CA 1 =E1v1 �• �' /. i YtEyv>��e SNI?V3S 2. � O . -204-OtO(-� -0903 tzZ � PLfc CS ! 1mvTo LAyQ1.y5CAf ;' Exv. 1-rW Sr- AP�-' �a r�tiw v>4LL634) �5-t� 4td.`l�! \Ql &pt - Iorj �-titi - ate -qut!5 r } i Page C -22 7 ..J Bond No. 08597423 Bond Premium NIA Bid Date: 04/27/2017 BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seat Beach, has issued an invitation for bids for the work described as follows: Westminster Avenue Rehabilitation Proiect CIP No. ST1610 (Task 11 & Westminster Avenue Median Landscape Improvement Proiect CIP No. ST1509 rraskZJ WHEREAS All American Asphalt 400 East Sixth Street (Name and address of Bidder) ( "Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900 Los Angeles CA 90017 (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten Percent of Total Amount Bid - -- Dollars($ 10% of Bid ), being not less than ten percent (10 %) of the total bid price, in lawful money of the United States of America, far the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and Furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court Surety hereby waives the provisions of California Civil Code § 2845. Page C -23 IN WITNESS WHEREOF. this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 14, 2017 "Principal" All American Asphalt Its 4 ^)%+ L "t e-i ?<'e , bd,41 t By: Its (Seaq Surety" Fidelity and Deposit Company of Maryland By:�o�i101r.C� its Rebecca Haas - Bates, Attomey -in -Fact By: Its (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Ij Page C -24 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT CIVIL CODE & 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validitv of that document. State of California County of Riverside On April 19, 2017 before me, Courtney Chagas, Notary Public Data Here Insert name and Tte of the Dicer personally appeared Mark Luer Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(z) is /are subscribed to the within instrument and acknowledged to me that he /sheFt#ey executed the same in i *MyCOURTNEY CHAPAS his/H^rf„�b,eilc authorized capacity(ies), and that by his /4e4their Notary Public - California signature(s) on the instrument the person(s), or the entity upon behalf Riverside County of which the person(s) acted, executed the instrument. Commission # 2172984 Comm. fjoilms Nov 0 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. \NITNESS my, hand. an.V. Dlf,ictl ­1 Signature Place Notary Seal Above Signatj of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: April 14, 2017 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Mark Luer er's Name: ❑ Individual u Indi ' ual X Corporate Officer— Title(s): President ❑C0rporat fficer— Title(s): • Partner D ❑ Limited o General ❑ Partner C o L ited u General _ • Attorney in Fact ❑ Attorney in Fact • Trustee Tap of thumb here Top of thumb here Trustee • Other: ❑ Other: Signer is Representing: Signer is Representing: r) ALL-PURPOSE CALIFORNIA ..� : KU... a %a2.a✓':EV �at!'� _ _ aNOiY.:' ✓a�•.a.Yavzn = �^+:� . wt ��.a .-� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 04/14/2017 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NamefbJ,of Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/are subscribed to the within instrument and acknowledged to me that he,/she /they executed the same in hislher/b%jr authorized apacity(ts), and that by hi<her/their signatureZ4on the instrument the person* or the entity upon behalf of which the person(* acted, executed the instrument. A. MACFARLANE Notary Public - California z < Orange County Commission k 2188592 My Comm. Expires Mar 27, 2027 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 04114/2017 Number of Pages: Two (2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates C Corporate Officer — Title(s): C Partner — C Limited G General ❑ Individual ['Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Fidelity and Deposit Company of Maryland Signer's Name: Corporate Officer — Title(s): 7) Partner — ❑ Limited C General C Individual C Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: 02014 • nal Notary Association www.NationaiNotary.org 811 NOTARY (1-800-876-6827) > •/ EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attomevs -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint a¢omeys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company. and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICArN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990- RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually aff xed. IN TESTTtVIONX WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this L'hday of J4vri 7 , 20 1 . 'a oeio � 3,`�NiwsTn „'�4 SBiAI. �A �r t{A u:. 19Ge t: Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 ._J m t"1 = Z O 3 d L 3 L Y a 4 e h 3 J 4 u e O 03 4 Z Q z 0 Q W q R Z O m Oil 5 Q y d q A _N F 07 x C L Y v° r U' N e E U C Y v a c o a a c. V � V 6 � E G m gm U T !. c "S � YI G a• vii $• 6 O L vii c 0 3: NY L c a y U � Y w j2 L.. O 3 aL Y � c � i4 a a 3 O H mm cn ¢! c Q. c o 0 c e 0 m 9 m L v •- 3 �e 0 m O m_ L y H• — F C r y —o H v � C a u Y � F n_ _r Y N i` m 3 Q m 1 c m o s`_ m i < Q c 71, 1--tl �� � � � Q TT d I i i 1 Q.4 ! ' O V � m O C C C C, 0 C 0 G + G O G = JIME _= E•E - -EEE .V V V V A V V v V A V V A V V V V A E ..I ..�. N �._0 Za E CT (i- T { �p '✓' M 4= �+ F y L r y (` jj Y r J ? I v 9- s� i r vi E,�) `l l z c� y q� V � � � � _1 y✓ n_ _r Y N i` m 3 Q m 1 c m o s`_ m i < Q m a H w a a L 3 7 v L a v v c a J 1 w m Q z Z O Z CGS A n SU 5 z 0 U O r7 rn C al D 0 m F a X L-1 S C<� F 3 d m E V L 4 F v O 0 E a V o �c U Q � c T � 0 0 c a v � o a H a� `o c O Y � O m t o c� a 3 � `o @ U V V 4 O � v �v _ U r _ — o m � m ^� � V u � F T C 0 m O a ae fV N m� ec a a n a V :1 t I 11Im �V V i E I r i 4 �� F �•{ F � ! 3 { i � I I v i r; I lil N c o a o c c o 0 o c c c c= c c E == c.E .E °= 5 E•E E- = E E E Q E So;. Eo == Eov+vF v:h 4� � � E V V v V v V v A A V V V V A V V' V V A V V V V A. c j 2 f � I i v a O C Vi C 0 m O a ae fV N m� ec a a n a V :1 Local Assistance Procedures 1 ;anal Exhibit 15 -G Caast- cttan Contract DOE Commitment E..1tlea'r 15-C CUNSTRUCT74)Y CO \`TOAC3D3E CDN(5lrT -,WZNT 7.!aeai Agenry City of Seal Beach ZOanaad 08E Gaal: 7 %'a e INestminsier Aveave Penatr•.ltatm Prgect C:P ?!a j T 131 -i Peae!a; Pra,ect No STPL -5224 Old i as 11 7 mje7Desafpdan, ty1 a. Pro}ect Laalfan. Coy of Seal Seacn QQ r7 5 aldders iNerne Aa Amencan Asohaft 6 PPtIme Certified OBE Cl 7 aid .Amaurt 5 Talal Oa9arAmaunl(orAL' subcantractars. 22 a3 -V` 9 Taial Number at ALL. SutrcortraCers• 7' 10. Bid I / 7.Oescnp�n af`Nork, Servic, ar s4atrdats Item i 72 DBE Ca11}tiation 13, DBE Contact Inionnattcn 14 DBE I Number i '�PPI�d 1 N� (M11ust be awifed an the date bids am apdxo} filar Amclan 9 to SUPPLY A1,L OIL,- iU4�t� } }-4 5 - 1AYL -0 193,95 (Do r = i i1o,37 I Loot Agee q to Complete Cite Section t i 1(0 21, Local Agency Oonit= Numllec 22. Gederat -A�a Pra(ect Lumber 23. Bid Opening Date: IS. 15. TOTAL CLAIMED DaE PARAC1PATTCN } � .2& 24. Cadracd Award bate. 1s/P0 AN, RX4" ap tong daned a ngeldless toter. Names at the;,Iw Ter DBE jucc+dractors and their nnipecdve Item(s) otvmdc aced active mast be co eiitwt Loral M Agency Mvtites as OBE xr'afiadarrs are vatid ant frdannafion an +twe appfable Mth the n3 w and Items at in, work at the 5WXCrtMdw UW wMineo wfi'l your Walton tanlb®aden is CO this farm aamp7ete and araaate d at tam acted DBE h Motored. 25. Lca, Agency Reprnwative's Signature 26. Date se Preparers naW2 17. Date Mark Luer (951) 736-7500 27. idal Agency Reprmarea "3 Name 28 Pr4ne 18 Preparers Name 79. ?hone President 29 Drat Agency Repm3wwvea Tiae 20 Preparers Tide OISTRiSIUMON 7.00ginat -Loot Agerry 2. Cagy - Caeans OISMd Laai Assistance ErKpneer (DID) Pailure a autand to DL E 4athin -0 Says of conoam eu:aldun may msWt m klobifgalicn ef redaral Sunda a1=AMCL Indude addakmal copy mm award pa zi co AOR Nedee: Forintivictsls'.1N eenaary yuygEw.!RC iccunect �9 svmlagA n aftbnaa'mrmb far MenraaM =i1 atal aaa.aata> cd :ata} aaea ar rmtn .4avfCa art ; crtm Ns:agenem. 112a 4 sua .N$ -d4. aaCamprta , an" Pape 1 of! July 23, V) 15 70 i C(n O7 COMMIJNIT.Y BANK Partnership Banking' May 5, 2017 City of Seal Beach 211 -8th Street Seal Beach, CA 90740 Attention: Cesar Rangel P.E. RE: Escrow #2461 Account # Project: Westminster Avenue Rehabilitation Project CIP No. ST1610 (Task1) & Westminster Ave Median Improvement Project CIP No. ST1509 (Task2) Contractor: All American Asphalt An escrow has been opened for the above referenced project. Please find enclosed herewith three (3) copies of the escrow agreement executed on behalf of All American Asphalt and Community Bank. Please sign all three escrow agreements where indicated and return one original to the Contractor, one to the Bank, and retain one copy for your records. Kindly arrange your finance department to have all retention deposits and release requests sent to the following address: Community Bank 460 Sierra Madre Villa Ave. Pasadena, CA 91107 Attn: Claudia Cuadra- Escrow 2461 If you have any questions or concerns please contact me directly at (951) 808- 8953. Sinc ely, Claudl J Ortiz Customer Service Officer 951 - 808 -8953 cortiz @cbank.com 255 E. RINCON STREET, SUITE 312, CORONA, CA 92879 -1369 Phone 951.808 S94U. uuw.cbank.com 59n �'.r� D tH3' H I MEMBER FM I FW1 F 9NG IFNME Q ESCROW NO: ACCOUNT NO 2461 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (hereinafter called the "Agreement ") is made and entered into on this day of , , by and between City of Seal Beach, whose address is 211 — 8th Street, Seal Beach, CA 90740 (hereinafter called "Owner "), All American Asphalt, whose address is P.O. Box 2229, Corona, CA 92878 (hereinafter called "Contractor "), and Community Bank, a California banking corporation, whose address is 505 E. Colorado Boulevard, Pasadena, California 91101 (hereinafter called "Escrow Agent "). WHEREAS, the parties desire to establish an escrow account with Escrow Agent (the "Escrow Account ") pursuant to the provisions of Section 22300 of the California Public Contract Code. NOW, THEREFORE, for the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agrees as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the Construction Contract entered into between the Owner and the Contractor, for Westminster Avenue Rehabilitation Project CIP No. ST1610 (Taskl) & Westminster Ave Median Improvement Project CIP No. ST1509 (Task2). In the amount of 51,053,170.00 (hereinafter referred to as the "Contract "). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and the Contractor. Securities shall be held in the name of City of Seal Beach, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of the retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, the Contractor and the Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to CBCR -AL mnt 1 withdrawal by the Contractor at any time and from time to time without notice to the Owner. 6. The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to the Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections 5 to 8, inclusive, of this Agreement and the Owner and the Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of the Owner: City of Seal Beach Name: Sill R.1:AO M Title: Cirki Mavtgger Signature: Address: 211 — 8th Street Seal Beach, CA 90740 CBCR- A,-=nt 2 On behalf of the Contractor: All American Asphalt Name: Mark Luer Title: President Signa Address: P.O. Box 2229 Corona, Ca 92878 -2229 Li On behalf of the Escrow Agent: COMMUNITY BANK Name: Tia Ballesteros Title: FVP, Regional Operations Administrator Signature: (D( Address: 460 Sierra Madre Villa Pasadena, CA 91107 (626) 974 -1270 At the time the escrow account is opened, the Owner and the Contractor shall deliver to the Escrow Agent a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. OWNER: City of Seal Beach Title: C*tj M4ng3er Name: -Ti l I F— • Z✓19Yar+) Signature: , Ct3CR- A,-=nt 3 CONTRACTOR: All American Ashpalt Title: President Name: Mark Luer Signature