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Contract 1696
mo 67-5 `.(10 P- 6R6 SECTION 1300 AGREEMENT ORIC .J THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY,a municipal corporation,herein referred to as"City,"and RIVERSIDE CONSTRUCTION CO.,INC.,herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for BID NO. B15-05E, DATE PALM DRIVE BRIDGE OVER WHITEWATER RIVER, CITY PROJECT NO. 8914, FEDERAL AID PROJECT NO. BHLS - 5430 (027), in the City of Cathedral City, California pursuant to the Invitation to Bid, dated February 16, 2017, and Contractor's Bid, dated March 21, 2017, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor shall comply with all Federal, State, County, and Cathedral City Municipal Code, which are, as amended from time to time,incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 315 working days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid,the base consideration Fifteen Million,Five Hundred Seventy Thousand, One Hundred Thirty Nine Dollars and Thirty Cents ($15,570,139.30). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Fifty Dollars($50.00)for each calendar day,or fraction thereof,for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City,as provided in said Specifications or Invitation to Bid,the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council, and its officers, employees, commission members and representatives, The Coachella Valley Water District(CVWD), its agents, officers, and employees from any and all liability, loss, suits, claims, damages, costs,judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents,and members of the general public). 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City, the Coachella Valley Water District and the Coachella Valley Association of Governments as additional insured. Contractor shall furnish evidence of having in effect,and shall maintain,Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City$25.00 for each laborer,workman,or mechanic employed in the execution of this Contract by said Contractor,or any subcontractor under it,upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek,obtain and hold employment without discrimination because of race,religious creed,color,national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of$30,000 and more than 20 calendar days duration,that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer(in writing)forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel,salaries,private auditors,travel, lodging,meals and overhead. 20. This Contract is funded with Federal-Aid Highway funds subject to provisions under Title 23 of the United State Code (23 USC). As such, the Contractor agrees to the following provisions titled "Required Contract Provisions for Federal Aid Construction Contract", excluding Attachment A - Employment and Material Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts. The Contract agrees to insert these provisions, unaltered, into each subcontract and further require their inclusion in all lower tier subcontracts excluding purchase orders, rental agreements,and other agreements for supplies or services. FHWA-1273--Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General CFR Part 230 are not applicable to material supply,engineering,or II. Nondiscrimination architectural service contracts. III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions In addition,the contractor and all subcontractors must comply with V. Contract Work Hours and Safety Standards Act Provisions the following policies:Executive Order 11246,41 CFR 60,29 CFR VI. Subletting or Assigning the Contract 1625-1627,Title 23 USC Section 140,the Rehabilitation Act of VII. Safety:Accident Prevention 1973,as amended(29 USC 794),Title VI of the Civil Rights Act of VIII. False Statements Concerning Highway Projects 1964,as amended,and related regulations including 49 CFR Parts IX. Implementation of Clean Air Act and Federal Water Pollution 21,26 and 27;and 23 CFR Parts 200,230,and 633. Control Act X. Compliance with Governmentwide Suspension and The contractor and all subcontractors must comply with: the Debarment Requirements requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) XI. Certification Regarding Use of Contract Funds for Lobbying and,for all construction contracts exceeding$10,000,the Standard Federal Equal Employment Opportunity Construction Contract ATTACHMENTS Specifications in 41 CFR 60-4.3. A.Employment and Materials Preference for Appalachian Note:The U.S.Department of Labor has exclusive authority to Development Highway System or Appalachian Local Access Road determine compliance with Executive Order 11246 and the policies Contracts(included in Appalachian contracts only) 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 I. GENERAL 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 1. Form FHWA-1273 must be physically incorporated in each related regulations including 49 CFR Parts 21,26 and 27;and 23 construction contract funded under Title 23(excluding emergency CFR Parts 200,230,and 633. contracts solely intended for debris removal). The contractor(or subcontractor)must insert this form in each subcontract and further The following provision is adopted from 23 CFR 230,Appendix A, require its inclusion in all lower tier subcontracts(excluding with appropriate revisions to conform to the U.S.Department of purchase orders,rental agreements and other agreements for Labor(US DOL)and FHWA requirements. supplies or services). 1.Equal Employment Opportunity:Equal employment The applicable requirements of Form FHWA-1273 are incorporated opportunity(EEO)requirements not to discriminate and to take by reference for work done under any purchase order,rental affirmative action to assure equal opportunity as set forth under agreement or agreement for other services. The prime contractor laws,executive orders,rules,regulations(28 CFR 35,29 CFR shall be responsible for compliance by any subcontractor,lower-tier 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)and orders subcontractor or service provider. of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C.140 shall constitute the Form FHWA-1273 must be included in all Federal-aid design-build EEO and specific affirmative action standards for the contractor's contracts,in all subcontracts and in lower tier subcontracts project activities under this contract.The provisions of the (excluding subcontracts for design services,purchase orders,rental Americans with Disabilities Act of 1990(42 U.S.C.12101 et seq.) agreements and other agreements for supplies or services). The set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by design-builder shall be responsible for compliance by any reference in this contract.In the execution of this contract,the subcontractor,lower-tier subcontractor or service provider. contractor agrees to comply with the following minimum specific requirement activities of EEO: Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the Form a.The contractor will work with the contracting agency and the FHWA-1273 must be physically incorporated(not referenced)in all Federal Government to ensure that it has made every good faith contracts,subcontracts and lower-tier subcontracts(excluding effort to provide equal opportunity with respect to all of its terms purchase orders,rental agreements and other agreements for and conditions of employment and in their review of activities under supplies or services related to a construction contract). the contract. 2. Subject to the applicability criteria noted in the following b.The contractor will accept as its operating policy the following sections,these contract provisions shall apply to all work performed statement: on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate "It is the policy of this Company to assure that applicants are superintendence and to all work performed on the contract by employed,and that employees are treated during employment, piecework,station work,or by subcontract. without regard to their race,religion,sex,color,national origin, age or disability. Such action shall include:employment, 3. A breach of any of the stipulations contained in these Required upgrading,demotion,or transfer;recruitment or recruitment Contract Provisions may be sufficient grounds for withholding of advertising;layoff or termination;rates of pay or other forms of progress payments,withholding of final payment,termination of the compensation;and selection for training,including contract,suspension/debarment or any other action determined to apprenticeship,pre-apprenticeship,and/or on-the-job training." be appropriate by the contracting agency and FHWA. 2. EEO Officer:The contractor will designate and make known to 4. Selection of Labor:During the performance of this contract,the the contracting officers an EEO Officer who will have the contractor shall not use convict labor for any purpose within the responsibility for and must be capable of effectively administering limits of a construction project on a Federal-aid highway unless it is and promoting an active EEO program and who must be assigned labor performed by convicts who are on parole,supervised release, adequate authority and responsibility to do so. or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor 3. Dissemination of Policy:All members of the contractor's collectors. staff who are authorized to hire,supervise, promote,and discharge employees,or who recommend such action,or who II. NONDISCRIMINATION are substantially involved in such action,will be made fully cognizant of,and will implement,the contractor's EEO policy The provisions of this section related to 23 CFR Part 230 are and contractual responsibilities to provide EEO in each grade applicable to all Federal-aid construction contracts and to all related and classification of employment. To ensure that the above construction subcontracts of$10,000 or more. The provisions of 23 agreement will be met,the following actions will be taken as a minimum: c. The contractor will periodically review selected personnel a. Periodic meetings of supervisory and personnel office actions in depth to determine whether there is evidence of employees will be conducted before the start of work and then discrimination. Where evidence is found,the contractor will not less often than once every six months,at which time the promptly take corrective action. If the review indicates that the contractor's EEO policy and its implementation will be reviewed discrimination may extend beyond the actions reviewed,such and explained. The meetings will be conducted by the EEO corrective action shall include all affected persons. Officer. d. The contractor will promptly investigate all complaints of b. All new supervisory or personnel office employees will be alleged discrimination made to the contractor in connection given a thorough indoctrination by the EEO Officer,covering all with its obligations under this contract,will attempt to resolve major aspects of the contractor's EEO obligations within thirty such complaints,and will take appropriate corrective action days following their reporting for duty with the contractor. within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, c. All personnel who are engaged in direct recruitment for such corrective action shall include such other persons. Upon the project will be instructed by the EEO Officer in the completion of each investigation,the contractor will inform contractor's procedures for locating and hiring minorities and every complainant of all of their avenues of appeal. women. 6.Training and Promotion: d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, a. The contractor will assist in locating,qualifying,and applicants for employment and potential employees. increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts e. The contractor's EEO policy and the procedures to should be aimed at developing full journey level status implement such policy will be brought to the attention of employees in the type of trade or job classification involved. employees by means of meetings,employee handbooks,or other appropriate means. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations,the 4.Recruitment:When advertising for employees,the contractor shall make full use of training programs,i.e., contractor will include in all advertisements for employees the apprenticeship, and on-the-job training programs for the notation:"An Equal Opportunity Employer." All such geographical area of contract performance. In the event a advertisements will be placed in publications having a large special provision for training is provided under this contract,this circulation among minorities and women in the area from which subparagraph will be superseded as indicated in the special the project work force would normally be derived. provision. The contracting agency may reserve training positions for persons who receive welfare assistance in a. The contractor will, unless precluded by a valid bargaining accordance with 23 U.S.C. 140(a). agreement,conduct systematic and direct recruitment through public and private employee referral sources likely to yield c. The contractor will advise employees and applicants for qualified minorities and women. To meet this requirement,the employment of available training programs and entrance contractor will identify sources of potential minority group requirements for each. employees,and establish with such identified sources procedures whereby minority and women applicants may be d. The contractor will periodically review the training and referred to the contractor for employment consideration. promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such b. In the event the contractor has a valid bargaining training and promotion. agreement providing for exclusive hiring hall referrals,the contractor is expected to observe the provisions of that 7.Unions: If the contractor relies in whole or in part upon agreement to the extent that the system meets the contractor's unions as a source of employees,the contractor will use good compliance with EEO contract provisions. Where faith efforts to obtain the cooperation of such unions to implementation of such an agreement has the effect of increase opportunities for minorities and women. Actions by discriminating against minorities or women,or obligates the the contractor,either directly or through a contractor's contractor to do the same,such implementation violates association acting as agent,will include the procedures set Federal nondiscrimination provisions. forth below: c. The contractor will encourage its present employees to a. The contractor will use good faith efforts to develop, in refer minorities and women as applicants for employment. cooperation with the unions,joint training programs aimed Information and procedures with regard to referring such toward qualifying more minorities and women for membership applicants will be discussed with employees. in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. 5.Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and b. The contractor will use good faith efforts to incorporate an personnel actions of every type, including hiring, upgrading, EEO clause into each union agreement to the end that such promotion,transfer,demotion, layoff,and termination,shall be union will be contractually bound to refer applicants without taken without regard to race,color, religion,sex, national origin, regard to their race,color, religion,sex, national origin,age or age or disability. The following procedures shall be followed: disability. a. The contractor will conduct periodic inspections of project c. The contractor is to obtain information as to the referral sites to insure that working conditions and employee facilities practices and policies of the labor union except that to the do not indicate discriminatory treatment of project site extent such information is within the exclusive possession of personnel. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to b. The contractor will periodically evaluate the spread of the contracting agency and shall set forth what efforts have wages paid within each classification to determine any been made to obtain such information. evidence of discriminatory wage practices. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth (3)The progress and efforts being made in locating, hiring, in the collective bargaining agreement,the contractor will, training,qualifying,and upgrading minorities and women; through independent recruitment efforts,fill the employment vacancies without regard to race,color, religion,sex, national b. The contractors and subcontractors will submit an annual origin,age or disability;making full efforts to obtain qualified report to the contracting agency each July for the duration of and/or qualifiable minorities and women. The failure of a union the project, indicating the number of minority,women,and non- to provide sufficient referrals(even though it is obligated to minority group employees currently engaged in each work provide exclusive referrals under the terms of a collective classification required by the contract work. This information is bargaining agreement)does not relieve the contractor from the to be reported on Form FHWA-1391. The staffing data should requirements of this paragraph. In the event the union referral represent the project work force on board in all or any part of practice prevents the contractor from meeting the obligations the last payroll period preceding the end of July. If on-the-job pursuant to Executive Order 11246,as amended,and these training is being required by special provision,the contractor special provisions,such contractor shall immediately notify the will be required to collect and report training data. The contracting agency. employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of 8. Reasonable Accommodation for Applicants/ July. 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 III.NONSEGREGATED FACILITIES under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an This provision is applicable to all Federal-aid construction undue hardship. contracts and to all related construction subcontracts of $10,000 or more. 9.Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not The contractor must ensure that facilities provided for discriminate on the grounds of race,color, religion,sex, employees are provided in such a manner that segregation on national origin,age or disability in the selection and retention of the basis of race,color,religion,sex,or national origin cannot subcontractors,including procurement of materials and leases result. The contractor may neither require such segregated of equipment. The contractor shall take all necessary and use by written or oral policies nor tolerate such use by reasonable steps to ensure nondiscrimination in the employee custom. The contractor's obligation extends further administration of this contract. to ensure that its employees are not assigned to perform their services at any location,under the contractor's control,where a. The contractor shall notify all potential subcontractors and the facilities are segregated. The term"facilities"includes suppliers and lessors of their EEO obligations under this waiting rooms,work areas, restaurants and other eating areas, contract. time clocks, restrooms,washrooms, locker rooms,and other storage or dressing areas,parking lots,drinking fountains, b. The contractor will use good faith efforts to ensure recreation or entertainment areas,transportation,and housing subcontractor compliance with their EEO obligations. provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping 10. Assurance Required by 49 CFR 26.13(b): areas to assure privacy between sexes. a. The requirements of 49 CFR Part 26 and the State DOT's U.S.DOT-approved DBE program are incorporated by IV. DAVIS-BACON AND RELATED ACT PROVISIONS reference. This section is applicable to all Federal-aid construction b. The contractor or subcontractor shall not discriminate on projects exceeding$2,000 and to all related subcontracts and the basis of race,color, national origin,or sex in the lower-tier subcontracts(regardless of subcontract size). The performance of this contract. The contractor shall carry out requirements apply to all projects located within the right-of- applicable requirements of 49 CFR Part 26 in the award and way of a roadway that is functionally classified as Federal-aid administration of DOT-assisted contracts. Failure by the highway. This excludes roadways functionally classified as contractor to carry out these requirements is a material breach local roads or rural minor collectors,which are exempt. of this contract,which may result in the termination of this Contracting agencies may elect to apply these requirements to contract or such other remedy as the contracting agency other projects. deems appropriate. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5"Contract provisions and related 11.Records and Reports:The contractor shall keep such matters"with minor revisions to conform to the FHWA-1273 records as necessary to document compliance with the EEO format and FHWA program requirements. requirements. Such records shall be retained for a period of three years following the date of the final payment to the 1. Minimum wages contractor for all contract work and shall be available at reasonable times and places for inspection by authorized a. All laborers and mechanics employed or working upon the representatives of the contracting agency and the FHWA. site of the work,will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate a. The records kept by the contractor shall document the on any account(except such payroll deductions as are following: permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of (1)The number and work hours of minority and non- wages and bona fide fringe benefits(or cash equivalents minority group members and women employed in each work thereof)due at time of payment computed at rates not less classification on the project; than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part (2)The progress and efforts being made in cooperation hereof, regardless of any contractual relationship which may be with unions,when applicable,to increase employment alleged to exist between the contractor and such laborers and opportunities for minorities and women;and mechanics. Contributions made or costs reasonably anticipated for bona appropriate)determined pursuant to paragraphs 1.b.(2)or fide fringe benefits under section 1(b)(2)of the Davis-Bacon 1.b.(3)of this section,shall be paid to all workers performing Act on behalf of laborers or mechanics are considered wages work in the classification under this contract from the first day paid to such laborers or mechanics,subject to the provisions of on which work is performed in the classification. paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less c.Whenever the minimum wage rate prescribed in the often than quarterly)under plans,funds,or programs which contract for a class of laborers or mechanics includes a fringe cover the particular weekly period,are deemed to be benefit which is not expressed as an hourly rate,the contractor constructively made or incurred during such weekly period. shall either pay the benefit as stated in the wage determination Such laborers and mechanics shall be paid the appropriate or shall pay another bona fide fringe benefit or an hourly cash wage rate and fringe benefits on the wage determination for the equivalent thereof. classification of work actually performed,without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics d. If the contractor does not make payments to a trustee or performing work in more than one classification may be other third person,the contractor may consider as part of the compensated at the rate specified for each classification for the wages of any laborer or mechanic the amount of any costs time actually worked therein: Provided,That the employer's reasonably anticipated in providing bona fide fringe benefits payroll records accurately set forth the time spent in each under a plan or program, Provided,That the Secretary of Labor classification in which work is performed.The wage has found, upon the written request of the contractor,that the determination(including any additional classification and wage applicable standards of the Davis-Bacon Act have been met. rates conformed under paragraph 1.b.of this section)and the The Secretary of Labor may require the contractor to set aside Davis-Bacon poster(WH-1321)shall be posted at all times by in a separate account assets for the meeting of obligations the contractor and its subcontractors at the site of the work in a under the plan or program. prominent and accessible place where it can be easily seen by the workers. 2. Withholding b. (1)The contracting officer shall require that any class of The contracting agency shall upon its own action or upon laborers or mechanics, including helpers,which is not listed in written request of an authorized representative of the the wage determination and which is to be employed under the Department of Labor,withhold or cause to be withheld from the contract shall be classified in conformance with the wage contractor under this contract,or any other Federal contract determination.The contracting officer shall approve an with the same prime contractor,or any other federally-assisted additional classification and wage rate and fringe benefits contract subject to Davis-Bacon prevailing wage requirements, therefore only when the following criteria have been met: which is held by the same prime contractor,so much of the accrued payments or advances as may be considered (i)The work to be performed by the classification necessary to pay laborers and mechanics,including requested is not performed by a classification in the wage apprentices,trainees,and helpers,employed by the contractor determination;and or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, (ii)The classification is utilized in the area by the including any apprentice,trainee,or helper,employed or construction industry;and working on the site of the work, all or part of the wages required by the contract,the contracting agency may,after (iii)The proposed wage rate, including any bona fide written notice to the contractor,take such action as may be fringe benefits,bears a reasonable relationship to the wage necessary to cause the suspension of any further payment, rates contained in the wage determination. advance,or guarantee of funds until such violations have ceased. (2)If the contractor and the laborers and mechanics to be 3. Payrolls and basic records employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount a. Payrolls and basic records relating thereto shall be designated for fringe benefits where appropriate),a report of maintained by the contractor during the course of the work and the action taken shall be sent by the contracting officer to the preserved for a period of three years thereafter for all laborers Administrator of the Wage and Hour Division,Employment and mechanics working at the site of the work.Such records Standards Administration, U.S.Department of Labor, shall contain the name,address,and social security number of Washington,DC 20210.The Administrator,or an authorized each such worker, his or her correct classification, hourly rates representative,will approve,modify,or disapprove every of wages paid(including rates of contributions or costs additional classification action within 30 days of receipt and anticipated for bona fide fringe benefits or cash equivalents so advise the contracting officer or will notify the contracting thereof of the types described in section 1(b)(2)(B)of the officer within the 30-day period that additional time is Davis-Bacon Act),daily and weekly number of hours worked, necessary. deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that (3)In the event the contractor,the laborers or mechanics to the wages of any laborer or mechanic include the amount of be employed in the classification or their representatives,and any costs reasonably anticipated in providing benefits under a the contracting officer do not agree on the proposed plan or program described in section 1(b)(2)(B)of the Davis- classification and wage rate(including the amount Bacon Act,the contractor shall maintain records which show designated for fringe benefits,where appropriate),the that the commitment to provide such benefits is enforceable, contracting officer shall refer the questions,including the that the plan or program is financially responsible,and that the views of all interested parties and the recommendation of the plan or program has been communicated in writing to the contracting officer,to the Wage and Hour Administrator for laborers or mechanics affected,and records which show the determination.The Wage and Hour Administrator,or an costs anticipated or the actual cost incurred in providing such authorized representative,will issue a determination within benefits.Contractors employing apprentices or trainees under 30 days of receipt and so advise the contracting officer or will approved programs shall maintain written evidence of the notify the contracting officer within the 30-day period that registration of apprenticeship programs and certification of additional time is necessary. trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the (4)The wage rate(including fringe benefits where applicable programs. b. (1)The contractor shall submit weekly for each week in the State DOT,take such action as may be necessary to cause which any contract work is performed a copy of all payrolls to the suspension of any further payment,advance,or guarantee the contracting agency. The payrolls submitted shall set out of funds. Furthermore,failure to submit the required records accurately and completely all of the information required to be upon request or to make such records available may be maintained under 29 CFR 5.5(a)(3)(i),except that full social grounds for debarment action pursuant to 29 CFR 5.12. security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to 4. Apprentices and trainees include an individually identifying number for each employee e.g. ,the last four digits of the employee's social security a.Apprentices(programs of the USDOL). number).The required weekly payroll information may be submitted in any form desired.Optional Form WH-347 is Apprentices will be permitted to work at less than the available for this purpose from the Wage and Hour Division predetermined rate for the work they performed when they are Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm employed pursuant to and individually registered in a bona fide or its successor site.The prime contractor is responsible for the apprenticeship program registered with the U.S. Department of submission of copies of payrolls by all subcontractors. Labor, Employment and Training Administration,Office of Contractors and subcontractors shall maintain the full social Apprenticeship Training,Employer and Labor Services,or with security number and current address of each covered worker, a State Apprenticeship Agency recognized by the Office,or if a and shall provide them upon request to the contracting agency person is employed in his or her first 90 days of probationary for transmission to the State DOT,the FHWA or the Wage and employment as an apprentice in such an apprenticeship Flour Division of the Department of Labor for purposes of an program,who is not individually registered in the program,but investigation or audit of compliance with prevailing wage who has been certified by the Office of Apprenticeship Training, requirements. It is not a violation of this section for a prime Employer and Labor Services or a State Apprenticeship contractor to require a subcontractor to provide addresses and Agency(where appropriate)to be eligible for probationary social security numbers to the prime contractor for its own employment as an apprentice. records,without weekly submission to the contracting agency.. The allowable ratio of apprentices to journeymen on the job (2)Each payroll submitted shall be accompanied by a site in any craft classification shall not be greater than the ratio "Statement of Compliance,"signed by the contractor or permitted to the contractor as to the entire work force under the subcontractor or his or her agent who pays or supervises the registered program.Any worker listed on a payroll at an payment of the persons employed under the contract and shall apprentice wage rate,who is not registered or otherwise certify the following: employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the (i)That the payroll for the payroll period contains the classification of work actually performed. In addition,any information required to be provided under§5.5(a)(3)(ii)of apprentice performing work on the job site in excess of the ratio Regulations,29 CFR part 5,the appropriate information is permitted under the registered program shall be paid not less being maintained under§5.5(a)(3)(i)of Regulations,29 than the applicable wage rate on the wage determination for CFR part 5,and that such information is correct and the work actually performed.Where a contractor is performing complete; construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in (ii)That each laborer or mechanic(including each helper, percentages of the journeyman's hourly rate)specified in the apprentice,and trainee)employed on the contract during contractor's or subcontractor's registered program shall be the payroll period has been paid the full weekly wages observed. earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly Every apprentice must be paid at not less than the rate from the full wages earned,other than permissible specified in the registered program for the apprentice's level of deductions as set forth in Regulations,29 CFR part 3; progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (iii)That each laborer or mechanic has been paid not Apprentices shall be paid fringe benefits in accordance with the less than the applicable wage rates and fringe benefits or provisions of the apprenticeship program. If the apprenticeship cash equivalents for the classification of work performed, program does not specify fringe benefits,apprentices must be as specified in the applicable wage determination paid the full amount of fringe benefits listed on the wage incorporated into the contract. determination for the applicable classification. If the Administrator determines that a different practice prevails for (3)The weekly submission of a properly executed the applicable apprentice classification,fringes shall be paid in certification set forth on the reverse side of Optional Form accordance with that determination. WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph 3.b.(2)of In the event the Office of Apprenticeship Training, Employer this section. and Labor Services,or a State Apprenticeship Agency recognized by the Office,withdraws approval of an (4)The falsification of any of the above certifications may apprenticeship program,the contractor will no longer be subject the contractor or subcontractor to civil or criminal permitted to utilize apprentices at less than the applicable prosecution under section 1001 of title 18 and section 231 of predetermined rate for the work performed until an acceptable title 31 of the United States Code. program is approved. c.The contractor or subcontractor shall make the records b.Trainees(programs of the USDOL). required under paragraph 3.a.of this section available for inspection,copying,or transcription by authorized Except as provided in 29 CFR 5.16,trainees will not be representatives of the contracting agency,the State DOT,the permitted to work at less than the predetermined rate for the FHWA, or the Department of Labor,and shall permit such work performed unless they are employed pursuant to and representatives to interview employees during working hours individually registered in a program which has received prior on the job. If the contractor or subcontractor fails to submit the approval,evidenced by formal certification by the U.S. required records or to make them available,the FHWA may, Department of Labor, Employment and Training Administration. after written notice to the contractor,the contracting agency or The ratio of trainees to journeymen on the job site shall not be of the labor standards provisions of this contract shall not be greater than permitted under the plan approved by the subject to the general disputes clause of this contract.Such Employment and Training Administration. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and Every trainee must be paid at not less than the rate specified in 7. Disputes within the meaning of this clause include disputes the approved program for the trainee's level of progress, between the contractor(or any of its subcontractors)and the expressed as a percentage of the journeyman hourly rate contracting agency,the U.S. Department of Labor,or the specified in the applicable wage determination.Trainees shall employees or their representatives. be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe 10.Certification of eligibility. benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of a. By entering into this contract,the contractor certifies that the Wage and Hour Division determines that there is an neither it(nor he or she)nor any person or firm who has an apprenticeship program associated with the corresponding interest in the contractor's firm is a person or firm ineligible to journeyman wage rate on the wage determination which be awarded Government contracts by virtue of section 3(a)of provides for less than full fringe benefits for apprentices.Any the Davis-Bacon Act or 29 CFR 5.12(a)(1). employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the b. No part of this contract shall be subcontracted to any person Employment and Training Administration shall be paid not less or firm ineligible for award of a Government contract by virtue than the applicable wage rate on the wage determination for of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio c.The penalty for making false statements is prescribed in the permitted under the registered program shall be paid not less U.S.Criminal Code, 18 U.S.C. 1001. than the applicable wage rate on the wage determination for the work actually performed. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT In the event the Employment and Training Administration The following clauses apply to any Federal-aid construction withdraws approval of a training program,the contractor will no contract in an amount in excess of$100,000 and subject to the longer be permitted to utilize trainees at less than the overtime provisions of the Contract Work Hours and Safety applicable predetermined rate for the work performed until an Standards Act.These clauses shall be inserted in addition to acceptable program is approved. 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 c.Equal employment opportunity.The utilization of watchmen and guards. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity 1.Overtime requirements. No contractor or subcontractor requirements of Executive Order 11246,as amended,and 29 contracting for any part of the contract work which may require CFR part 30. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any d. Apprentices and Trainees(programs of the U.S.DOT). workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer Apprentices and trainees working under apprenticeship and or mechanic receives compensation at a rate not less than one skill training programs which have been certified by the and one-half times the basic rate of pay for all hours worked in Secretary of Transportation as promoting EEO in connection excess of forty hours in such workweek. with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV.The 2.Violation;liability for unpaid wages;liquidated damages. straight time hourly wage rates for apprentices and trainees In the event of any violation of the clause set forth in paragraph under such programs will be established by the particular (1.)of this section,the contractor and any subcontractor programs.The ratio of apprentices and trainees to journeymen responsible therefor shall be liable for the unpaid wages. In shall not be greater than permitted by the terms of the addition,such contractor and subcontractor shall be liable to particular program. 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 5.Compliance with Copeland Act requirements. The territory),for liquidated damages.Such liquidated damages contractor shall comply with the requirements of 29 CFR part 3, shall be computed with respect to each individual laborer or which are incorporated by reference in this contract. mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph(1.)of this section, 6.Subcontracts. The contractor or subcontractor shall insert in the sum of$10 for each calendar day on which such Form FHWA-1273 in any subcontracts and also require the individual was required or permitted to work in excess of the subcontractors to include Form FHWA-1273 in any lower tier standard workweek of forty hours without payment of the subcontracts.The prime contractor shall be responsible for the overtime wages required by the clause set forth in paragraph compliance by any subcontractor or lower tier subcontractor (1.)of this section. with all the contract clauses in 29 CFR 5.5. 3.Withholding for unpaid wages and liquidated damages. 7.Contract termination:debarment. A breach of the The FHWA or the contacting agency shall upon its own action contract clauses in 29 CFR 5.5 may be grounds for termination or upon written request of an authorized representative of the of the contract,and for debarment as a contractor and a Department of Labor withhold or cause to be withheld,from subcontractor as provided in 29 CFR 5.12. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 8.Compliance with Davis-Bacon and Related Act other Federal contract with the same prime contractor,or any requirements. All rulings and interpretations of the Davis- other federally-assisted contract subject to the Contract Work Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 Hours and Safety Standards Act,which is held by the same are herein incorporated by reference in this contract. prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or 9.Disputes concerning labor standards.Disputes arising out subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2.)of this section. contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the 4.Subcontracts. The contractor or subcontractor shall insert contractor of any responsibility for the fulfillment of the contract. in any subcontracts the clauses set forth in paragraph(1.) Written consent will be given only after the contracting agency through(4.)of this section and also a clause requiring the has assured that each subcontract is evidenced in writing and subcontractors to include these clauses in any lower tier that it contains all pertinent provisions and requirements of the subcontracts.The prime contractor shall be responsible for prime contract. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this 5.The 30%self-performance requirement of paragraph(1)is section. not applicable to design-build contracts; however,contracting VI.SUBLETTING OR ASSIGNING THE CONTRACT agencies may establish their own self-performance requirements. This provision is applicable to all Federal-aid construction contracts on the National Highway System. VII.SAFETY:ACCIDENT PREVENTION 1.The contractor shall perform with its own organization This provision is applicable to all Federal-aid construction contract work amounting to not less than 30 percent(or a contracts and to all related subcontracts. greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items 1. In the performance of this contract the contractor shall designated by the contracting agency. Specialty items may be comply with all applicable Federal,State,and local laws performed by subcontract and the amount of any such governing safety,health,and sanitation(23 CFR 635).The specialty items performed may be deducted from the total contractor shall provide all safeguards,safety devices and original contract price before computing the amount of work protective equipment and take any other needed actions as it required to be performed by the contractor's own organization determines,or as the contracting officer may determine,to be (23 CFR 635.116). reasonably necessary to protect the life and health of employees on the job and the safety of the public and to a. The term"perform work with its own organization"refers protect property in connection with the performance of the work to workers employed or leased by the prime contractor,and covered by the contract. equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or 2. It is a condition of this contract,and shall be made a equipment of a subcontractor or lower tier subcontractor, condition of each subcontract,which the contractor enters into agents of the prime contractor,or any other assignees. The pursuant to this contract,that the contractor and any term may include payments for the costs of hiring leased subcontractor shall not permit any employee,in performance of employees from an employee leasing firm meeting all relevant the contract,to work in surroundings or under conditions which Federal and State regulatory requirements. Leased employees are unsanitary, hazardous or dangerous to his/her health or may only be included in this term if the prime contractor meets safety,as determined under construction safety and health all of the following conditions: standards(29 CFR 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work (1)the prime contractor maintains control Hours and Safety Standards Act(40 U.S.C.3704). over the supervision of the day-to-day activities of the leased employees; 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract (2)the prime contractor remains responsible for the quality that the Secretary of Labor or authorized representative of the work of the leased employees; thereof,shall have right of entry to any site of contract (3)the prime contractor retains all power to accept or performance to inspect or investigate the matter of compliance exclude individual employees from work on the project;and with the construction safety and health standards and to carry (4)the prime contractor remains ultimately responsible for out the duties of the Secretary under Section 107 of the the payment of predetermined minimum wages,the Contract Work Hours and Safety Standards Act(40 submission of payrolls,statements of compliance and all U.S.C.3704). other Federal regulatory requirements. b."Specialty Items"shall be construed to be limited to work VIII.FALSE STATEMENTS CONCERNING HIGHWAY that requires highly specialized knowledge,abilities,or PROJECTS equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the This provision is applicable to all Federal-aid construction contract as a whole and in general are to be limited to minor contracts and to all related subcontracts. components of the overall contract. In order to assure high quality and durable construction in 2.The contract amount upon which the requirements set forth conformity with approved plans and specifications and a high in paragraph(1)of Section VI is computed includes the cost of degree of reliability on statements and representations made material and manufactured products which are to be purchased by engineers,contractors,suppliers,and workers on Federal- or produced by the contractor under the contract provisions. aid highway projects,it is essential that all persons concerned 3.The contractor shall furnish(a)a competent superintendent with the project perform their functions as carefully,thoroughly, or supervisor who is employed by the firm,has full authority to misrepresentation honestly r n as possible. Willful falsification,facts distortion,or misrepresentation with respect to any facts related to the direct performance of the work in accordance with the contract project is a violation of Federal law. To prevent any requirements,and is in charge of all construction operations misunderstanding regarding the seriousness of these and (regardless of who performs the work)and(b)such other of its similar acts,Form FHWA-1022 shall be posted on each own organizational resources(supervision,management,and Federal-aid highway project(23 CFR 635)in one or more engineering services)as the contracting officer determines is places where it is readily available to all persons concerned necessary to assure the performance of the contract. with the project: 4. No portion of the contract shall be sublet,assigned or 18 U.S.C. 1020 reads as follows: otherwise disposed of except with the written consent of the 'Whoever,being an officer,agent,or employee of the United certification or an explanation shall disqualify such a person States,or of any State or Territory,or whoever,whether a from participation in this transaction. person,association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the c.The certification in this clause is a material representation character,quality,quantity,or cost of the material used or to be of fact upon which reliance was placed when the contracting used,or the quantity or quality of the work performed or to be agency determined to enter into this transaction. If it is later performed,or the cost thereof in connection with the determined that the prospective participant knowingly rendered submission of plans,maps,specifications,contracts,or costs of an erroneous certification, in addition to other remedies construction on any highway or related project submitted for available to the Federal Government,the contracting agency approval to the Secretary of Transportation;or may terminate this transaction for cause of default. Whoever knowingly makes any false statement,false d.The prospective first tier participant shall provide representation,false report or false claim with respect to the immediate written notice to the contracting agency to whom this character,quality,quantity,or cost of any work performed or to proposal is submitted if any time the prospective first tier be performed,or materials furnished or to be furnished, in participant learns that its certification was erroneous when connection with the construction of any highway or related submitted or has become erroneous by reason of changed project approved by the Secretary of Transportation;or circumstances. Whoever knowingly makes any false statement or false e.The terms"covered transaction,""debarred," representation as to material fact in any statement,certificate, "suspended,""ineligible,""participant,""person," "principal," or report submitted pursuant to provisions of the Federal-aid and"voluntarily excluded,"as used in this clause,are defined Roads Act approved July 1, 1916,(39 Stat. 355),as amended in 2 CFR Parts 180 and 1200. "First Tier Covered and supplemented; Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such Shall be fined under this title or imprisoned not more than 5 as the prime or general contract). "Lower Tier Covered years or both." 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 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL covered transaction with a grantee or subgrantee of Federal WATER POLLUTION CONTROL ACT funds(such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a This provision is applicable to all Federal-aid construction covered transaction with a First Tier Participant or other Lower contracts and to all related subcontracts. Tier Participants(such as subcontractors and suppliers). By submission of this bid/proposal or the execution of this f.The prospective first tier participant agrees by submitting contract,or subcontract,as appropriate,the bidder,proposer, this proposal that,should the proposed covered transaction be Federal-aid construction contractor,or subcontractor,as entered into, it shall not knowingly enter into any lower tier appropriate,will be deemed to have stipulated as follows: covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in 1.That any person who is or will be utilized in the this covered transaction,unless authorized by the department performance of this contract is not prohibited from receiving an or agency entering into this transaction. award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. g.The prospective first tier participant further agrees by 2.That the contractor agrees to include or cause to be submitting this proposal that it will include the clause titled included the requirements of paragraph(1)of this Section X in "Certification Regarding Debarment,Suspension, Ineligibility every subcontract,and further agrees to take such action as and Voluntary Exclusion-Lower Tier Covered Transactions," the contracting agency may direct as a means of enforcing provided by the department or contracting agency,entering into such requirements. 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. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY h.A participant in a covered transaction may rely upon a EXCLUSION certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or This provision is applicable to all Federal-aid construction voluntarily excluded from the covered transaction, unless it contracts,design-build contracts,subcontracts, lower-tier knows that the certification is erroneous. A participant is subcontracts,purchase orders,lease agreements,consultant responsible for ensuring that its principals are not suspended, contracts or any other covered transaction requiring FHWA debarred,or otherwise ineligible to participate in covered approval or that is estimated to cost$25,000 or more— as transactions. To verify the eligibility of its principals,as well as defined in 2 CFR Parts 180 and 1200. the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the Excluded 1.Instructions for Certification—First Tier Participants: Parties List System website(https://www.epls.gov/),which is compiled by the General Services Administration. a. By signing and submitting this proposal,the prospective first tier participant is providing the certification set out below. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to b.The inability of a person to provide the certification set out render in good faith the certification required by this clause. below will not necessarily result in denial of participation in this The knowledge and information of the prospective participant is covered transaction.The prospective first tier participant shall not required to exceed that which is normally possessed by a submit an explanation of why it cannot provide the certification prudent person in the ordinary course of business dealings. set out below.The certification or explanation will be considered in connection with the department or agency's j.Except for transactions authorized under paragraph(f)of determination whether to enter into this transaction.However, these instructions, if a participant in a covered transaction failure of the prospective first tier participant to furnish a knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily prime or general contract). "Lower Tier Covered Transactions" excluded from participation in this transaction, in addition to refers to any covered transaction under a First Tier Covered other remedies available to the Federal Government,the Transaction(such as subcontracts). "First Tier Participant" department or agency may terminate this transaction for cause refers to the participant who has entered into a covered or default. transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier 2. Certification Regarding Debarment,Suspension, Participant"refers any participant who has entered into a Ineligibility and Voluntary Exclusion—First Tier covered transaction with a First Tier Participant or other Lower Participants: Tier Participants(such as subcontractors and suppliers). a. The prospective first tier participant certifies to the best of its e.The prospective lower tier participant agrees by submitting knowledge and belief,that it and its principals: this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier (1) Are not presently debarred,suspended,proposed for covered transaction with a person who is debarred,suspended, debarment,declared ineligible,or voluntarily excluded from declared ineligible,or voluntarily excluded from participation in participating in covered transactions by any Federal this covered transaction,unless authorized by the department department or agency; or agency with which this transaction originated. (2) Have not within a three-year period preceding this f.The prospective lower tier participant further agrees by proposal been convicted of or had a civil judgment rendered submitting this proposal that it will include this clause titled against them for commission of fraud or a criminal offense in "Certification Regarding Debarment,Suspension, Ineligibility connection with obtaining,attempting to obtain,or performing a and Voluntary Exclusion-Lower Tier Covered Transaction," public(Federal,State or local)transaction or contract under a without modification,in all lower tier covered transactions and public transaction;violation of Federal or State antitrust in all solicitations for lower tier covered transactions exceeding statutes or commission of embezzlement,theft,forgery, the$25,000 threshold. bribery,falsification or destruction of records,making false statements,or receiving stolen property; g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered (3) Are not presently indicted for or otherwise criminally or transaction that is not debarred,suspended, ineligible,or civilly charged by a governmental entity(Federal,State or voluntarily excluded from the covered transaction, unless it local)with commission of any of the offenses enumerated in knows that the certification is erroneous.A participant is paragraph(a)(2)of this certification;and responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered (4) Have not within a three-year period preceding this transactions. To verify the eligibility of its principals,as well as application/proposal had one or more public transactions the eligibility of any lower tier prospective participants,each (Federal, State or local)terminated for cause or default. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is b. Where the prospective participant is unable to certify to compiled by the General Services Administration. any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render 2. Instructions for Certification-Lower Tier Participants: in good faith the certification required by this clause.The knowledge and information of participant is not required to (Applicable to all subcontracts,purchase orders and other exceed that which is normally possessed by a prudent person lower tier transactions requiring prior FHWA approval or in the ordinary course of business dealings. estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction a.By signing and submitting this proposal,the prospective knowingly enters into a lower tier covered transaction with a lower tier is providing the certification set out below. person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction,in addition to b.The certification in this clause is a material representation other remedies available to the Federal Government,the of fact upon which reliance was placed when this transaction department or agency with which this transaction originated was entered into. If it is later determined that the prospective may pursue available remedies, including suspension and/or lower tier participant knowingly rendered an erroneous debarment. certification,in addition to other remedies available to the Federal Government,the department,or agency with which this Certification Regarding Debarment,Suspension, transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion--Lower Tier including suspension and/or debarment. Participants: c.The prospective lower tier participant shall provide 1.The prospective lower tier participant certifies,by immediate written notice to the person to which this proposal is submission of this proposal,that neither it nor its principals is submitted if at any time the prospective lower tier participant presently debarred,suspended,proposed for debarment, learns that its certification was erroneous by reason of changed declared ineligible,or voluntarily excluded from participating in circumstances. covered transactions by any Federal department or agency. d.The terms"covered transaction,""debarred," 2.Where the prospective lower tier participant is unable to "suspended,""ineligible,""participant,""person,""principal," certify to any of the statements in this certification,such and"voluntarily excluded,"as used in this clause,are defined prospective participant shall attach an explanation to this in 2 CFR Parts 180 and 1200. You may contact the person to proposal. 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 XI.CERTIFICATION REGARDING USE OF CONTRACT subgrantee of Federal funds and a participant(such as the 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. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents,each of which is by this reference made a part hereof. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a Californi.. Municipal corporation B l /r?� —� Dated: CHARLES P.McCLENDON City Manager ATTES : ��� ���IL�� '•/l Dated: • RY F.HOWELL City Clerk APPROVE% . T e • ' • Dated: ERIC S.VAIL City Attorney "CONTRACTOR" Dated: April 14, 2017 B ; l7u.1-r-Or1 ��.,.� Y Name: Donald M. Pim Title: President Dated: April 14, 2017 By: (4/11-- c. Name: Julie L. Smith Title: Secretary/Treasurer "CONTRACTOR" (If corporation,affix seal) Bond#:PRF765289100 Premium:$61,802.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on April 13 , 20 17, awarded to Riverside Construction Company,Inc. , hereinafter designated as the Principal,a Contract for BID NO.B15-06E,DATE PALM DRIVE BRIDGE OVER WHITEWATER RIVER, CITY PROJECT NO. 8914, FEDERAL AID PROJECT NO. BILLS-5430 (027), and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: Fidelity and Deposit Company of Maryland NOW,THEREFORE,we,the Principal,and and Zurich American Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of "' (S 15,570,139.30 SIR)lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, ow heirs, executors, administrators, and successors, jointly and severally, firmly by these per' ***Fifteen Million Five Hundred Seventy Thousand One Hundred Thirty-Nine Dollars and Thirty Cents THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,successors,or assigns,shall in all things stand to and abide by,and well and truly keep and faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall indemnify and save harmless,the City,its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period,during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall,in any way,affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 18th day of April ,20 17,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Riverside Construction Company,Inc. Principal (Seal) [ILL 4Mtt/, Jul L. Smith Signature for Principal Secretary/Treasurer Title of Signatory Fidelity and Deposit Company of Maryland and Zurich American Insurance Company Surety (Seal) . //�i Rox ne Campistg ignature for Surety Attorney-in-Fact Title of Signatory 1400 American Lane Schaumburg,IL 60196 Address of Surety 949-417-9175 Phone#of Surety Roxanne Camping Contact Person for Surety Faithful Performance Bond 1310.2 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 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 Roxanne CAMPING,of Irvine,California, its true and lawful agent and Attorney-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 COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND tautly 4 'moo ttroJ♦ 4.5---AN 86AL 7ER cat�—•_°=oi ± so i05 1//ice f AUi2i2J /`.'i • �� /// Secretary Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 4th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL 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 TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Z`•. \:r /1 '')))'.)111\10 1\\\\ Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-0093F 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 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 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 affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18thday of April ,20 17. Sad Wees, 861E 41110 11. L� Gerald F.Haley,Vice President 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 April 18, 2017 before me, Karla V. Esch, Notary Public NAME personally appeared Roxanne Camping NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by Is/her/ signature(s) on the instrument the person(*, or the entity upon behalf of which the person(* 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. KARLA V.UCH ■` Notary pub-Ca10orn a WITNESS my hand and official seal. Cramp County VI "/ Commission#►2178603 , M Comm.E iraf Jan T,2021 14 OT AR(SIGNATURE 0 ) OPTIONAL Tho the data below is not required by law,it may prove valuable to persons relying on the document and could prevent : dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUA. ❑ CORPORATE OF' ER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES • ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR O OTHER DATE O' DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER OTHER THAN NAMED ABO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Ct t S{:�S!c�t/.fit t S N.:�S t t t_:v t t t/CS t t!� t!aS!�N�t! S!�S!.CY;CS..�S!wt t!�t!a•{.Ct S.�.�t t t!TYnC S.:�t S!Tt S. 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 '.-1.2‘%vc.JLS�Du On A.?0,t∎ lit 1 Zo l Z before me, i3 I�-��►� tS• ?tI-#A 1.A oT nM p 073L■C_. , Date Here Insert Name and Title of the Officer personally appeared L t` L.. S 'l C l-I Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �,•,.,, BRIAN R. PIM WITNESS my hand and official seal. Commission #t 2035024 ` -',-7! Notary Public-California 1 z nature x t!�/ Riverside County 6/'mac --- ✓`—� j1" PA/Comm.Eaters!AI 25,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docu - or fraudulent reattachment of this form to an unintended document. Description • Attached Document Title or Type of a•. ment: Docum-• Date: Number of Pages: er(s) Other Than Named Abo -. Capacity(ies) Claimed by Signer(s) Signer's Name: Sign- ' ame: ❑Corporate Officer — Title(s): ❑ Corporate . • -r — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guard' or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: G.\:.::.:-!: .. ..: .: .`.5::.5�✓z:L.: .:y.L.:...: .. ..:�5:� .�..:U .:,.�..�,.:�4�..: L,4: «.< ..;.,.:�.�::y.:�<:�.:L<�,t.,.L.;�t 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond#: PRF765289100 Premium:Included SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on April 13 , 20 17, awarded to Riverside Construction Company,Inc. , hereinafter designated as the Principal, a Contract for BID NO. B15-06E, DATE PALM DRIVE BRIDGE OVER WHITEWATER RIVER, CITY PROJECT NO. 8914,FEDERAL AID PROJECT NO.BHLS-5430 (027), and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract,providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: Fidelity and Deposit Company of Maryland NOW, THEREFORE, we, the Principal, and and Zurich American Insurance Company , as Surety, are held and firmly bound unto the City in the just and full amount of (8 15,570,139.30 A)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. ***Fifteen Million Five Hundred Seventy Thousand One Hundred Thirty-Nine Dollars and Thirty Cents THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in,upon,for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall,in any way,affect its obligations of this bond,and it does hereby waive notice of any change,extension of time,alteration,or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 18th day of April ,20 17,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Riverside Construction Company,Inc. Principal (Seal) Julie L. Smith Signature for Principal Secretary/Treasurer Title of Signatory Fidelity and Deposit Company of Maryland and Zurich American Insurance Company Surety (Seal) Li!•- Rox. ne Campin: Signature for Surety Attorney-in-Fact Title of Signatory 1400 American Lane Schaumburg,IL 60196 Address of Surety 949-417-9175 Phone#of Surety Roxanne Camping Contact Person for Surety Payment Bond 1320-2 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 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 Roxanne CAMPING,of Irvine,California, its true and lawful agent and Attorney-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 COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of September,A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND romAt 4, wp etres� '► iN3ti�"� �r O 4.‘..P.`"'• o .4� •G°S�4t�•tPC�S SEAL €t`t-•-° of .r. 7 g UM �a 6 1008 1 3 Nam . •.........";.;ta /0 -,‹ /e), if41---- vto D Secretary Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 4th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL 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 TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0,„,11`1•,,'''' -?.;:.• , )%., C:y tG/* -Cl /D.,v---n, .i '111';• `. "'nmP• Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 012-0093F 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 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 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 affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thislgrh day of April ,20 17. n 1.4:60"S era 1110 iq i ix4 fi25 (SAL . is,Ol�`._.x99 7 Gerald F. Haley,Vice President 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 April 18, 2017 before me, Karla V. Esch, Notary Public NAME personally appeared Roxanne Camping NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person($ whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that 144/she/they executed the same in higher/heir- authorized capacity(ies), and that by his/her/theif signature(s) on the instrument the person($, or the entity upon behalf of which the person* 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. KARLA Y.ESCH '�Y ► Notary Public-California WITNESS my han and official seal. Orr County �l / Commission II 2178693 M Com .Ert ini Jan 7 2021 4/ 4,4(SIGNATURE TURE OF NOT RY) OPTIONAL Tho _ the data below is not required by law,it may prove valuable to persons relying on the document and could prevent ' : dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUA. CORPORATE OF ER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED GENERAL NUMBER OF PAGES ▪ ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHER DATE O' 'OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER OTHER THAN NAMED ABO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C:!wt..fit YTt�t!:� t t.�t t tae!s�t t tt..�t�t:tom-�t� C..mot t t.�Lnt.s�:/-�tt�t� .�s�NTt!T<.z�t�.•.st C!Tt�.•. 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 f`t V c_' S n P On 4 (11(._Q )�( I Z o 1 Z before me, ���N 1` -�t l`rt �o irh,R,1 v a C-- Date Here Insert Name and Title of the Officer personally appeared - v L L. S CTH Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �``•'a BRIAN R. PIM WITNESS my hand and official seal. - Commission#2035024 i Notary Public -California `:iut% Riverside County ' Signature Comm.Ex res A 25,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docu '-nt or fraudulent reattachment of this form to an unintended document. Descriptio •ttached Document Title or Type of Do • ••- t: Docume bate: Number of Pages: • -- Other Than Named Abov-• Capacity(ies) Claimed by Signer(s) Signer's Name: - • - ' ame: ❑ Corporate Officer — Title(s): ❑Corporate :-. -r — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limite• • General ❑ Individual ❑Attorney in Fac ❑ Individual ❑Attorney ' -ct ❑Trustee ❑Guardian onservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Repres- '- •: Signer Is Representing: L4�✓S�.S�SC'.i-Lim'.�si�i�i'✓S�S�S�S��i�i�:i�%S�S�S�'ei.yi'di.�sf'•✓S'•✓'.'.S'✓i'✓i'.e�'•°'.S��S�S'.yt`:.Z�'✓.iii'tai'ar'.`ev.S'✓'.lei..'✓S'.vS�✓'.�✓. 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 SECTION 1330 WORKERS'COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "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 I will comply with such provisions before commencing the performance of the work of this contract." • / 10/ V4 Signa ulie L. Smith Secretary/Treasurer Title April 19, 2017 Date Worker's Compensation Insurance Certificate 1330-1 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `■--- 4/19/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center(EPIC) NAMEACT 19000 MacArthur Blvd. PH Floor A/C IL Exti: (949)263-0606 FAX No): (949)263-0906 Irvine, CA 92612 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.edgewoodins.com INSURER A: United Specialty Insurance Company 12537 INSURED INSURER B: Starr Indemnity&Liability Company 38318 Riverside Construction Company, Inc. 4225 Garner Road INSURER C: Allied World Assurance Co(U.S.)Inc. 19489 Riverside CA 92502 INSURER D: INSURER E: Lexington Insurance Company 19437 _INSURER F: COVERAGES CERTIFICATE NUMBER: 35185552 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD wvn POLICY NUMBER /Y LIMITS (MMIDDYYY) (MMIDDIYYYY) A / COMMERCIAL GENERAL LIABILITY ✓ BTO1618418 7/1/2016 7/1/2017 EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE ✓ OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ Excluded ✓ BI/PD Deductible:$25,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY ✓ JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 — OTHER: $ B AUTOMOBILE LIABILITY 1000198522161 7/1/2016 7/1/2017 COMBINED SINGLE LIMIT $ ✓ (Ea accident) 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Peraccident $ AUTOS ONLY AUTOS ( accident) HIRED NON-OWNED PROPERTY DAMAGE ✓ AUTOS ONLY AUTOS ONLY (Per accident) ,$ $1,000 Comp Ded. $ $1,000 Coll Ded. C ✓ UMBRELLA LIAB / OCCUR 03102080 7/1/2016 7/1/2017 EACH OCCURRENCE _ $ 2,000,000 E ✓ EXCESS LIAB CLAIMS-MADE 015681518 7/1/2016 7/1/2017 AGGREGATE $ 2,000,000 DED ✓ RETENTION$10,000 $ B WORKERS COMPENSATION 1000002269 7/1/2016 7/1/2017 ✓ PE O RTUTE ETH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Date Palm Drive Bridge Improvements,City Project#8914 The City of Cathedral City,City employees and officers,the City Engineer,its consultants,elected officials,and agents;the Coachella Valley Water District,and the Coachella Valley Association of Government,their agents,officers,employees,and sub-consultants are included as Additional Insureds as respects General Liability and Automobile Liability per the attached endorsements.General Liability and Automobile Liability policies are primary and non-contributory per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Cathedral City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 68-700 Avenida Lalo Guerrero ACCORDANCE WITH THE POLICY PROVISIONS. Cathedral City CA 92234 AUTHORIZED REPRESENTATIVE ,f I Angela C.Rabbitt ' / / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 35185552 1 16/17 GL/CA/UMB/WC/CPI Master I Karla Esch 1 4/19/2017 10:05:28 AM (PDT) I Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates. Riverside Construction Company, Inc. 4/19/2017 POLICY NUMBER: BTO1618418 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Blanket where required by written contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ppy y ry caused, in whole or in part, by: "property damage"occurring after. 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 35185552 1 16/17 GL/CA/UMB/WC/CPI Master I Karla Esch 1 9/19/2017 10,05:28 AM (PDT) I Page 2 of 6 This certificate cancels and supersedes ALL previously issued certificates. 4/19/2017 Riverside Construction Company, Inc. POLICY NUMBER:BTO1618418 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): dons WHERE REQUIRED BY WRITTEN CONTRACT,BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s)shown In the Schedule, but only with respect to liability for "bodily Injury" or 'property damage'caused,in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included in the "products- completed operations hazard". CG 20 370T 04 O ISO Properties,Inc.,2004 Page 1 of 1 D 35185552 1 16/17 GL/CA/UMB/WC/CPI Master I Karla Esch 1 4/19/2017 10:05:28 AM (PDT) I Page 3 of 6 This certificate cancels and supersedes ALL previously issued certificates. ■ Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number:1000198522161 Effective Date: /1/2016 Named Insured:Riverside Construction Company, Inc. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" I. SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. SICA 1016(02/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. 35185552 1 16/17 GL/CA/OMB/WC/CPI Master I Karla Esch 1 4/19/2317 10:05:28 AM (PDT) I Page 4 of 6 This certificate cancels and supersedes ALL previously issued certificates. BT01618418 Riverside Construction Company, Inc. 4/19/2017 UNITED SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY— PLEASE READ IT CAREFULLY USIC VEN 104 02 11 07 PRIMARY AND NON-CONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: 1) a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis;or 2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. USIC VEN 104 02 11 07 Page 1 of 1 35185552 1 16/17 GL/CA/OMB/WC/CPI Master I Karla Esch 1 4/19/2017 10,05,28 AM (PDT) I Page 5 of 6 This certificate cancels and supersedes ALL previously issued certificates. Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS Policy Number: 1000198522161 Effective Date: 7/1/2016 Named Insured:Riverside Construction Company, Inc. This policy is amended as follows: BUSINESS AUTO COVERAGE FORM Section IV– Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY I(— ., �_ C arles Dangelo, resident Nehemiah E. Ginsburg, Genera ounsel SICA 1017 (02/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. 35185552 1 16/17 GL/CA/OMB/WC/CPI Master I Karla Esch 1 4/19/2317 10:05:28 AM (PDT) I Page 6 of 6 This certificate cancels and supersedes ALL previously issued certificates.