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Contract 1869
c..../kg AMES CONSTRUCTION, INC. Memo To: Cathedral City Engineering Department 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attn: Mr. John A. Corella, P.E., Director of Engineering/Public Works From: Jennifer Lewis, Bid and Outreach Coordinator CC: Date: 04/08/2020 Re: Cathedral Canyon Low Water Crossing Replacement(New Bridge)at Whitewater River, City Project No. 8919, Federal Project No. BR-NBIL(504),/Signed Contracts, Insurance and Bonds Enclosed herewith please find Ames Construction, Inc.'s signed original contract, insurance, worker's comp insurance certification and bonds. We have submitted our application for business license to Cathedral City and received a voicemail message that it has been processed successfully. We will provide a copy of our business license once it is received. Please let me know if you require any additional information. , e er Sgi rel Lewis, Bid and Outreach Coordinator (951)356-1275 X 1290 jenniferlewis(c�amesco.com • Page 1 t� SECTION 1300 CONTRACT THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY,a municipal corporation,herein referred to as"City,and AMES CONSTRUCTION,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.B19- 10E, CATHEDRAL CANYON DRIVE LOW WATER CROSSING REPLACEMENT (NEW BRIDGE) AT THE WHITE WATER, CITY PROJECT NO. 8919, FEDERAL AID PROJECT NO. BR-NBIL(504), (the "Work") in the City of Cathedral City,California. The Work shall be done in strict conformity with this Contract,approved Change Orders, the Invitation to Bid dated December 18, 2019, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated January 21, 2020, and any addenda thereto(the"Contract Documents")all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies,which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 480 working days from the date of Notification to Proceed. 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 total compensation to Contractor for all Work shall not exceed Nineteen Million One Hundred Seventy-Six Thousand Eight Hundred Eighty-Two Dollars ($19,176,882.00). 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 Contract Documents. 6. The Contractor,and any subcontractor engaged by Contractor,shall not pay less than 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 up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, 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 the Contract Documents,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 each member thereof,and its officers, employees, commission members and representatives, 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 the Contract Documents. 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 Agreement 1300-1 shall name the City as an 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 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a fording 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 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. The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act(40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. The applicable wage rates,which are in effect within 10 days of the bid opening and are set forth in Exhibit A to this Section 1300,shall be used. These wage rates are available from the Wage Determinations Online website at: www.wdol.gov.In the event of a discrepancy between the rates set forth in Exhibit A to this Section 1300, the Prevailing rate established by the State Department of Industrial Relations,and the Federal Prevailing rates,the higher of the rates will be used. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer(in writing)forthwith when the Contract is deemed completed. 16. 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. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work,and give all necessary notices and pay all fees and taxes required by law,including,without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 18. 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. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract. 20. 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. 21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the Cartwright Act(Chapter 2,commencing with Section 16700 of Part 2 of Division 7 of the California Business and Agreement 1300-2 Professions Code),arising from purchases of goods, services,or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. 22. Required Contract Provisions for Federal Aid Construction Contracts (FHWA — 1273). This Contract is funded with Federal-Aid Highway funds and is subject to provisions under Title 23 of the United States Code(23 USC). As such,the Contractor agrees to the provisions titled"Required Contract Provisions for Federal Aid Construction Contracts"set forth in Exhibit B to this Section 1300. Additionally, the Contractor agrees to insert the provisions set forth in Exhibit B, 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. IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation / B . ,L Dated: b 3. 21JZc7 Charles P.McClendon,City Manager ATTEST: A Dated: 03 25. 2 21) Tracey R. artine: City Clerk' APPROVED AS TO !RM: Dated: 25-2ozb Eric S.Vail,City Attorney "CONTRACTOR" Dated: Zf73/a0d0 By: (( Name: 66-1!4rt-O ('. /Y11'LLIZ Title: GxE6,,nVt: wt-g- titL 4I o&N' Dated: q/3 /Z� By: 7 -- Name: /odd Co Title: RP,,cry,z( Cost. [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-3 State of Arizona ) County of Maricopa ) Subscribed and sworn (or affirmed) before me this 3rd day of April , 20 20 , by Gerard F. Miller proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (seal) ., LAURA CAMERON p GiY -o✓� 41.1?" Notary Public-Stated Arizona 01761 int+ MARICOPACOUNTYPublic " My Commission Expires Notary 9i April 3,2020 State of Arizona County of Maricopa Subscribed and sworn (or affirmed) before me this 3rd day of April , 20 20 , by Todd Coleman proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. (seal) op.f LAURA CAMERON Notary Public asxaNotary Public-State of Arizona 0 Is MARICOPA COUNTY .. •.,, My Commission Expires n.. April 3,2020 EXHIBIT A TO SECTION 1310 APPLICABLE WAGE RATES "General Decision Number: CA20200025 01/10/2020 Superseded General Decision Number: CA20190025 State: California Construction Types: Building, Heavy (Heavy and Dredging) and I Highway I I County: Riverside County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 01/10/2020 * ASBE0005-002 09/01/2019 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all Agreement 1300-4 types of mechanical systems) $ 43 .77 22.48 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 28.92 18.73 ASBE0005-004 07/01/2019 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) . . . .$ 20.63 12.17 BOIL0092-003 03/01/2018 Rates Fringes BOILERMAKER $ 44.07 33.52 * BRCA0004-011 05/01/2018 Rates Fringes BRICKLAYER; MARBLE SETTER $ 40.39 13.65 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2019 Rates Fringes MARBLE FINISHER $ 33.43 14 .11 TILE FINISHER $ 28.23 12.65 TILE LAYER $ 40.07 18.36 BRCA0018-010 09/01/2018 Rates Fringes TERRAZZO FINISHER $ 31.25 13.41 TERRAZZO WORKER/SETTER $ 38.39 14 .18 CARP0409-001 07/01/2018 ) Rates Fringes CARPENTER Agreement 1300-5 ( (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer $ 41.84 19.17 (2) Millwright $ 42.91 19.17 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 42 .54 19.17 (4) Pneumatic Nailer, Power Stapler $ 40.09 19.17 (5) Sawfiler $ 39.83 19.17 (6) Scaffold Builder $ 31.60 19.17 (7) Table Power Saw Operator $ 40.93 19.17 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. CARP0409-002 07/01/2016 Rates Fringes Diver (1) Wet $ 712.48 17.03 (2) Standby $ 356.24 17.03 (3) Tender $ 348.24 17.03 (4) Assistant Tender $ 324 .24 17.03 Amounts in ""Rates' column are per day CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER $ 37.35 11.08 STOCKER/SCRAPPER $ 10.00 7.17 CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer $ 17.00 7.41 ELEC0440-001 12/31/2018 Rates Fringes ELECTRICIAN INSIDE ELECTRICIAN $ 40.89 24 .16 INTELLIGENT TRANSPORTATION SYSTEMS Agreement 1300-6 Electrician $ 36.99 3%+23.18 Technician $ 27.75 3%+23.18 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line) , Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ELEC1245-001 06/01/2019 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer. .$ 58.09 19.36 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , overhead & underground distribution line equipment) $ 46.40 18.17 (3) Groundman $ 35.47 17.79 (4) Powderman $ 49.55 3%+17.65 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC $ 55.58 34.125 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2018 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 $ 45.30 25.25 GROUP 2 $ 46.08 25.25 GROUP 3 $ 46.37 25.25 Agreement 1300-7 GROUP 4 $ 47.86 25.25 GROUP 5 $ 48.96 25.25 GROUP 6 $ 48.08 25.25 GROUP 8 $ 48.19 25.25 GROUP 9 $ 49.29 25.25 GROUP 10 $ 48.31 25.25 GROUP 11 $ 49.41 25.25 GROUP 12 $ 48.48 25.25 GROUP 13 $ 48.58 25.25 GROUP 14 $ 48.61 25.25 GROUP 15 $ 48.69 25.25 GROUP 16 $ 48.81 25.25 GROUP 17 $ 48.98 25.25 GROUP 18 $ 49.08 25.25 GROUP 19 $ 49.19 25.25 GROUP 20 $ 49.31 25.25 GROUP 21 $ 49.48 25.25 GROUP 22 $ 49.58 25.25 GROUP 23 $ 49.69 25.25 GROUP 24 $ 49.81 25.25 GROUP 25 $ 49.98 25.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 $ 46.65 25.25 GROUP 2 $ 47.43 25.25 GROUP 3 $ 47.72 25.25 GROUP 4 $ 47.86 25.25 GROUP 5 $ 48.08 25.25 GROUP 6 $ 48.19 25.25 GROUP 7 $ 48.31 25.25 GROUP 8 $ 48.48 25.25 GROUP 9 $ 48.65 25.25 GROUP 10 $ 49.65 25.25 GROUP 11 $ 50.65 25.25 GROUP 12 $ 51.65 25.25 GROUP 13 $ 52 .65 25.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 $ 47.15 25.25 GROUP 2 $ 47.93 25.25 GROUP 3 $ 48.22 25.25 GROUP 4 $ 48.39 25.25 GROUP 5 $ 48.58 25.25 GROUP 6 $ 48.69 25.25 GROUP 7 $ 48.81 25.25 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS Agreement 1300-8 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes Toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3 : Asphalt-rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled Agreement 1300-9 tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60 ' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor Agreement 1300-10 patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, } operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar ) Agreement 1300-11 types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler Agreement 1300-12 GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Agreement 1300-13 Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of 1-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Agreement 1300-14 Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM] . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Agreement 1300-15 Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman $ 49.50 23.60 (2) Dredge dozer $ 43.53 23 .60 (3) Deckmate $ 43 .42 23.60 (4) Winch operator (stern winch on dredge) $ 42.87 23 .60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand $ 42.33 23.60 (6) Barge Mate $ 42 .94 23.60 IRON0377-002 07/01/2019 Rates Fringes Ironworkers: Fence Erector $ 33 .58 24.66 Ornamental, Reinforcing and Structural $ 40.00 33 .30 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center Agreement 1300-16 $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300-005 01/01/2018 Rates Fringes Asbestos Removal Laborer $ 33.19 17.78 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO0345-001 07/01/2019 Rates Fringes LABORER (GUNITE) GROUP 1 $ 44.05 18.42 GROUP 2 $ 43.10 18.42 GROUP 3 $ 39.56 18.42 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0"" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LAB01184-001 07/01/2019 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 36.70 15.05 Agreement 1300-17 (2) Vehicle Operator/Hauler.$ 36.87 15.05 (3) Horizontal Directional Drill Operator $ 38.72 15.05 (4) Electronic Tracking Locator $ 40.72 15.05 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 $ 37.91 18.06 GROUP 2 $ 39.21 18.06 GROUP 3 $ 41.22 18.06 GROUP 4 $ 42.96 18.06 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LABO1184-002 07/01/2019 Rates Fringes LABORER (TUNNEL) GROUP 1 $ 41.29 20.09 GROUP 2 $ 41.61 20.09 GROUP 3 $ 42.07 20.09 OUP 4 $ 42.76 20.09 LABORER GROUP 1 $ 35.24 20.09 GROUP 2 $ 35.79 20.09 GROUP 3 $ 36.34 20.09 GROUP 4 $ 37.89 20.09 GROUP 5 $ 38.24 20.09 Agreement 1300-18 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3 : Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump Agreement 1300-19 person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller) ; Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LABO1184-004 07/01/2019 Rates Fringes Brick Tender $ 33.06 19.17 LAB01414-001 08/07/2019 Agreement 1300-20 Rates Fringes LABORER PLASTER CLEAN-UP LABORER $ 34.82 20.02 PLASTER TENDER $ 37.37 20.02 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-001 07/01/2018 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) $ 27.59 14 .92 (2) All Other Work $ 31.12 15.04 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-008 10/01/2018 Rates Fringes DRYWALL FINISHER/TAPER $ 40.18 19.22 PAIN0036-015 06/01/2018 Rates Fringes GLAZIER $ 42.20 25.50 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PLAS0200-009 08/07/2019 Rates Fringes PLASTERER $ 43.73 16.03 PLAS0500-002 07/01/2019 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 37.00 25.53 PLUM0016-001 09/01/2018 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except Agreement 1300-21 work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5, 000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work $ 50.13 22 .16 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5, 000 sq. ft. of floor space $ 48.58 21.18 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 37.10 19.51 PLUM0345-001 09/01/2019 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 34.40 23.05 Sewer & Storm Drain Work $ 34.40 23.05 ROOF0036-002 08/01/2019 Rates Fringes ROOFER $ 39.52 17.47 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. SFCA0669-002 04/01/2019 Rates Fringes SPRINKLER FITTER $ 39.73 23.90 * SHEE0105-003 01/01/2020 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work $ 45.78 28.96 (2) Industrial work Agreement 1300-22 1 including air pollution control systems, noise abatement, hand rails, 1 guard rails, excluding aritechtural sheet metal I work, excluding A-C, heating, ventilating systems for human comfort $ 45.78 28.96 TEAM0011-002 07/01/2019 Rates Fringes 1 TRUCK DRIVER GROUP 1 $ 31.59 29.59 GROUP 2 $ 31.74 29.59 GROUP 3 $ 31.87 29.59 GROUP 4 $ 32.06 29.59 GROUP 5 $ 32.09 29.59 GROUP 6 $ 32.12 29.59 1 GROUP 7 $ 32.37 29.59 GROUP 8 $ 32 .62 29.59 4 GROUP 9 $ 32.82 29.59 I GROUP 10 $ 33.12 29.59 i GROUP 11 $ 33.62 29.59 GROUP 12 $ 34.05 29.59 4 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. 1 [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] 1 t TRUCK DRIVERS CLASSIFICATIONS I 1 t GROUP 1: Truck driver a ] GROUP 2: Driver of vehicle or combination of vehicles - 2 I axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than ) 16 yds. water level; Erosion control driver 1 GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and 1 utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver . GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of 4 vehicles - 4 or more axles; Oil spreader truck; Dump truck, s 1 IAgreement 1300-23 ) 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Agreement 1300-24 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate a that no single majority rate prevailed for those s classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is Ibased. i 1 1 IAgreement 1300-25 WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" Agreement 1300-26 EXHIBIT B TO SECTION 1300 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General functionally classified as local roads or rural minor collectors. II. Nondiscrimination III. Nonsegregated Facilities II. NONDISCRIMINATION IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions The provisions of this section related to 23 CFR Part 230 are applicable VI. Subletting or Assigning the Contract to all Federal-aid construction contracts and to all related construction VII. Safety:Accident Prevention subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are VIII. False Statements Concerning Highway Projects not applicable to material supply, engineering, or architectural service IX. Implementation of Clean Air Act and Federal Water Pollution contracts. Control Act X. Compliance with Governmentwide Suspension and Debarment In addition, the contractor and all subcontractors must comply with the Requirements following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- XI. Certification Regarding Use of Contract Funds for Lobbying 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as ATTACHMENTS amended,and related regulations including 49 CFR Parts 21,26 and 27; and 23 CFR Parts 200,230,and 633. A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts(included The contractor and all subcontractors must comply with: the in Appalachian contracts only) requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and, for all construction contracts exceeding $10,000, the Standard Federal I. GENERAL Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency Note:The U.S.Department of Labor has exclusive authority to determine contracts solely intended for debris removal). The contractor (or compliance with Executive Order 11246 and the policies of the Secretary subcontractor) must insert this form in each subcontract and further of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting require its inclusion in all lower tier subcontracts (excluding purchase agency and the FHWA have the authority and the responsibility to orders, rental agreements and other agreements for supplies or ensure compliance with Title 23 USC Section 140,the Rehabilitation Act services). of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, The applicable requirements of Form FHWA-1273 are incorporated by 26 and 27;and 23 CFR Parts 200,230,and 633. reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible The following provision is adopted from 23 CFR 230, Appendix A, with for compliance by any subcontractor, lower-tier subcontractor or service appropriate revisions to conform to the U.S. Department of Labor (US provider. DOL)and FHWA requirements. Form FHWA-1273 must be included in all Federal-aid design-build 1. Equal Employment Opportunity: Equal employment opportunity contracts, in all subcontracts and in lower tier subcontracts (excluding (EEO)requirements not to discriminate and to take affirmative action to subcontracts for design services, purchase orders, rental agreements assure equal opportunity as set forth under laws,executive orders,rules, and other agreements for supplies or services). The design-builder shall regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 be responsible for compliance by any subcontractor, lower-tier and 49 CFR 27)and orders of the Secretary of Labor as modified by the subcontractor or service provider. provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the Contracting agencies may reference Form FHWA-1273 in bid proposal contractor's project activities under this contract. The provisions of the or request for proposal documents,however,the Form FHWA-1273 must Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set be physically incorporated (not referenced)in all contracts,subcontracts forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference and lower-tier subcontracts (excluding purchase orders, rental in this contract. In the execution of this contract,the contractor agrees to agreements and other agreements for supplies or services related to a comply with the following minimum specific requirement activities of construction contract). EEO: 2. Subject to the applicability criteria noted in the following sections, a.The contractor will work with the contracting agency and the Federal these contract provisions shall apply to all work performed on the Government to ensure that it has made every good faith effort to provide contract by the contractor's own organization and with the assistance of equal opportunity with respect to all of its terms and conditions of workers under the contractor's immediate superintendence and to all employment and in their review of activities under the contract. work performed on the contract by piecework, station work, or by subcontract. b. The contractor will accept as its operating policy the following statement: 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress "It is the policy of this Company to assure that applicants are payments, withholding of final payment, termination of the contract, employed,and that employees are treated during employment,without suspension/debarment or any other action determined to be appropriate regard to their race, religion, sex, color, national origin, age or by the contracting agency and FHWA. disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or 4. Selection of Labor: During the performance of this contract, the termination;rates of pay or other forms of compensation;and selection contractor shall not use convict labor for any purpose within the limits of for training, including apprenticeship, pre-apprenticeship, and/or on- a construction project on a Federal-aid highway unless it is labor the-job training." performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways 2. EEO Officer: The contractor will designate and make known to the Agreement 1300-27 contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an b. The contractor will periodically evaluate the spread of wages active EEO program and who must be assigned adequate authority and paid within each classification to determine any evidence of responsibility to do so. discriminatory wage practices. 3. Dissemination of Policy: All members of the contractor's staff c. The contractor will periodically review selected personnel who are authorized to hire, supervise, promote, and discharge actions in depth to determine whether there is evidence of employees,or who recommend such action,or who are substantially discrimination. Where evidence is found, the contractor will involved in such action, will be made fully cognizant of, and will promptly take corrective action. If the review indicates that the implement, the contractor's EEO policy and contractual discrimination may extend beyond the actions reviewed, such responsibilities to provide EEO in each grade and classification of corrective action shall include all affected persons. employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its a. Periodic meetings of supervisory and personnel office obligations under this contract, will attempt to resolve such employees will be conducted before the start of work and then not complaints, and will take appropriate corrective action within a less often than once every six months,at which time the contractor's reasonable time. If the investigation indicates that the discrimination EEO policy and its implementation will be reviewed and explained. may affect persons other than the complainant, such corrective The meetings will be conducted by the EEO Officer. action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of b. All new supervisory or personnel office employees will be given their avenues of appeal. a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days 6.Training and Promotion: following their reporting for duty with the contractor. a. The contractor will assist in locating, qualifying, and increasing c. All personnel who are engaged in direct recruitment for the the skills of minorities and women who are applicants for project will be instructed by the EEO Officer in the contractor's employment or current employees. Such efforts should be aimed at procedures for locating and hiring minorities and women. developing full journey level status employees in the type of trade or job classification involved. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants b. Consistent with the contractor's work force requirements and for employment and potential employees. as permissible under Federal and State regulations, the contractor shall make full use of training programs,i.e.,apprenticeship,and on- e. The contractor's EEO policy and the procedures to implement the-job training programs for the geographical area of contract such policy will be brought to the attention of employees by means performance. In the event a special provision for training is provided of meetings,employee handbooks,or other appropriate means. under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may 4. Recruitment:When advertising for employees,the contractor will reserve training positions for persons who receive welfare include in all advertisements for employees the notation: "An Equal assistance in accordance with 23 U.S.C. 140(a). Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women c. The contractor will advise employees and applicants for in the area from which the project work force would normally be employment of available training programs and entrance derived. requirements for each. a. The contractor will, unless precluded by a valid bargaining d. The contractor will periodically review the training and agreement,conduct systematic and direct recruitment through public promotion potential of employees who are minorities and women and private employee referral sources likely to yield qualified and will encourage eligible employees to apply for such training and minorities and women. To meet this requirement, the contractor will promotion. identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority and 7. Unions: If the contractor relies in whole or in part upon unions as women applicants may be referred to the contractor for employment a source of employees, the contractor will use good faith efforts to consideration. obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or b. In the event the contractor has a valid bargaining agreement through a contractor's association acting as agent, will include the providing for exclusive hiring hall referrals, the contractor is procedures set forth below: expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO a. The contractor will use good faith efforts to develop, in contract provisions. Where implementation of such an agreement cooperation with the unions, joint training programs aimed toward has the effect of discriminating against minorities or women, or qualifying more minorities and women for membership in the unions obligates the contractor to do the same, such implementation and increasing the skills of minorities and women so that they may violates Federal nondiscrimination provisions. qualify for higher paying employment. c. The contractor will encourage its present employees to refer b. The contractor will use good faith efforts to incorporate an EEO minorities and women as applicants for employment. Information clause into each union agreement to the end that such union will be and procedures with regard to referring such applicants will be contractually bound to refer applicants without regard to their race, discussed with employees. color, religion,sex,national origin,age or disability. 5. Personnel Actions: Wages, working conditions, and employee c. The contractor is to obtain information as to the referral benefits shall be established and administered, and personnel practices and policies of the labor union except that to the extent actions of every type, including hiring, upgrading, promotion, such information is within the exclusive possession of the labor transfer, demotion, layoff, and termination, shall be taken without union and such labor union refuses to furnish such information to the regard to race, color, religion, sex, national origin, age or disability. contractor, the contractor shall so certify to the contracting agency The following procedures shall be followed: and shall set forth what efforts have been made to obtain such information. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not d. In the event the union is unable to provide the contractor with a indicate discriminatory treatment of project site personnel. reasonable flow of referrals within the time limit set forth in the Agreement 1300-28 I collective bargaining agreement, the contractor will, through preceding the end of July. If on-the-job training is being required by independent recruitment efforts, fill the employment vacancies special provision,the contractor will be required to collect and report without regard to race, color, religion, sex, national origin, age or training data. The employment data should reflect the work force on disability; making full efforts to obtain qualified and/or qualifiable board during all or any part of the last payroll period preceding the minorities and women. The failure of a union to provide sufficient end of July. referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not III.NONSEGREGATED FACILITIES relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from This provision is applicable to all Federal-aid construction contracts meeting the obligations pursuant to Executive Order 11246, as and to all related construction subcontracts of$10,000 or more. amended, and these special provisions, such contractor shall immediately notify the contracting agency. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, 8. Reasonable Accommodation for Applicants / Employees color, religion, sex, or national origin cannot result. The contractor with Disabilities: The contractor must be familiar with the may neither require such segregated use by written or oral policies requirements for and comply with the Americans with Disabilities Act nor tolerate such use by employee custom. The contractor's and all rules and regulations established there under. Employers obligation extends further to ensure that its employees are not must provide reasonable accommodation in all employment assigned to perform their services at any location, under the activities unless to do so would cause an undue hardship. contractor's control, where the facilities are segregated. The term "facilities"includes waiting rooms,work areas, restaurants and other 9. Selection of Subcontractors, Procurement of Materials and eating areas,time clocks, restrooms,washrooms, locker rooms,and Leasing of Equipment:The contractor shall not discriminate on the other storage or dressing areas, parking lots, drinking fountains, grounds of race, color, religion, sex, national origin, age or disability recreation or entertainment areas, transportation, and housing in the selection and retention of subcontractors, including provided for employees. The contractor shall provide separate or procurement of materials and leases of equipment. The contractor single-user restrooms and necessary dressing or sleeping areas to shall take all necessary and reasonable steps to ensure assure privacy between sexes. nondiscrimination in the administration of this contract. IV. DAVIS-BACON AND RELATED ACT PROVISIONS a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier b. The contractor will use good faith efforts to ensure subcontracts (regardless of subcontract size). The requirements subcontractor compliance with their EEO obligations. apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes 10. Assurance Required by 49 CFR 26.13(b): roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to a. The requirements of 49 CFR Part 26 and the State DOT's U.S. apply these requirements to other projects. DOT-approved DBE program are incorporated by reference. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters" b. The contractor or subcontractor shall not discriminate on the with minor revisions to conform to the FHWA-1273 format and basis of race,color, national origin,or sex in the performance of this FHWA program requirements. contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted 1. Minimum wages contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the a. All laborers and mechanics employed or working upon the site termination of this contract or such other remedy as the contracting of the work,will be paid unconditionally and not less often than once agency deems appropriate. a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations 11. Records and Reports: The contractor shall keep such records issued by the Secretary of Labor under the Copeland Act(29 CFR as necessary to document compliance with the EEO requirements. part 3)), the full amount of wages and bona fide fringe benefits (or Such records shall be retained for a period of three years following cash equivalents thereof)due at time of payment computed at rates the date of the final payment to the contractor for all contract work not less than those contained in the wage determination of the and shall be available at reasonable times and places for inspection Secretary of Labor which is attached hereto and made a part hereof, by authorized representatives of the contracting agency and the regardless of any contractual relationship which may be alleged to FHWA. exist between the contractor and such laborers and mechanics. a. The records kept by the contractor shall document the Contributions made or costs reasonably anticipated for bona fide following: fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such (1) The number and work hours of minority and non-minority laborers or mechanics,subject to the provisions of paragraph 1.d.of group members and women employed in each work classification this section; also, regular contributions made or costs incurred for on the project; more than a weekly period (but not less often than quarterly)under plans, funds, or programs which cover the particular weekly period, (2) The progress and efforts being made in cooperation with are deemed to be constructively made or incurred during such unions,when applicable,to increase employment opportunities for weekly period. Such laborers and mechanics shall be paid the minorities and women;and appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to (3) The progress and efforts being made in locating, hiring, skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics training,qualifying,and upgrading minorities and women; performing work in more than one classification may be compensated at the rate specified for each classification for the time b. The contractors and subcontractors will submit an annual actually worked therein: Provided, That the employer's payroll report to the contracting agency each July for the duration of the records accurately set forth the time spent in each classification in project, indicating the number of minority, women, and non-minority which work is performed. The wage determination (including any group employees currently engaged in each work classification additional classification and wage rates conformed under paragraph required by the contract work. This information is to be reported on 1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be Foran FHWA-1391. The staffing data should represent the project posted at all times by the contractor and its subcontractors at the work force on board in all or any part of the last payroll period site of the work in a prominent and accessible place where it can be Agreement 1300-29 easily seen by the workers. may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the b. (1) The contracting officer shall require that any class of contractor or any subcontractor the full amount of wages required by laborers or mechanics, including helpers, which is not listed in the the contract. In the event of failure to pay any laborer or mechanic, wage determination and which is to be employed under the contract including any apprentice,trainee,or helper, employed or working on shall be classified in conformance with the wage determination.The the site of the work,all or part of the wages required by the contract, contracting officer shall approve an additional classification and the contracting agency may, after written notice to the contractor, wage rate and fringe benefits therefore only when the following take such action as may be necessary to cause the suspension of criteria have been met: any further payment, advance, or guarantee of funds until such violations have ceased. (i)The work to be performed by the classification requested is not performed by a classification in the wage determination;and 3. Payrolls and basic records (ii)The classification is utilized in the area by the construction industry;and a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a (iii) The proposed wage rate, including any bona fide fringe period of three years thereafter for all laborers and mechanics benefits, bears a reasonable relationship to the wage rates working at the site of the work. Such records shall contain the name, contained in the wage determination. address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of (2) If the contractor and the laborers and mechanics to be contributions or costs anticipated for bona fide fringe benefits or employed in the classification (if known), or their representatives, cash equivalents thereof of the types described in section 1(b)(2)(B) and the contracting officer agree on the classification and wage of the Davis-Bacon Act), daily and weekly number of hours worked, rate (including the amount designated for fringe benefits where deductions made and actual wages paid.Whenever the Secretary of appropriate), a report of the action taken shall be sent by the Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any contracting officer to the Administrator of the Wage and Hour laborer or mechanic include the amount of any costs reasonably Division, Employment Standards Administration, U.S. Department anticipated in providing benefits under a plan or program described of Labor, Washington, DC 20210. The Administrator, or an in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall authorized representative, will approve, modify, or disapprove maintain records which show that the commitment to provide such every additional classification action within 30 days of receipt and benefits is enforceable, that the plan or program is financially so advise the contracting officer or will notify the contracting officer responsible, and that the plan or program has been communicated within the 30-day period that additional time is necessary. in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing (3) In the event the contractor, the laborers or mechanics to be such benefits. Contractors employing apprentices or trainees under employed in the classification or their representatives, and the approved programs shall maintain written evidence of the contracting officer do not agree on the proposed classification and registration of apprenticeship programs and certification of trainee I wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. questions, including the views of all interested parties and the b. (1)The contractor shall submit weekly for each week in which recommendation of the contracting officer, to the Wage and Hour any contract work is performed a copy of all payrolls to the Administrator for determination. The Wage and Hour contracting agency. The payrolls submitted shall set out accurately Administrator, or an authorized representative, will issue a and completely all of the information required to be maintained determination within 30 days of receipt and so advise the under 29 CFR 5.5(a)(3)(i), except that full social security numbers contracting officer or will notify the contracting officer within the 30- and home addresses shall not be included on weekly transmittals. day period that additional time is necessary. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of (4) The wage rate (including fringe benefits where appropriate) the employee's social security number). The required weekly payroll determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this information may be submitted in any form desired. Optional Form section, shall be paid to all workers performing work in the WH-347 is available for this purpose from the Wage and Hour classification under this contract from the first day on which work Division Web site at is performed in the classification. http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of c.Whenever the minimum wage rate prescribed in the contract for copies of payrolls by all subcontractors. Contractors and a class of laborers or mechanics includes a fringe benefit which is subcontractors shall maintain the full social security number and not expressed as an hourly rate, the contractor shall either pay the current address of each covered worker, and shall provide them benefit as stated in the wage determination or shall pay another upon request to the contracting agency for transmission to the State bona fide fringe benefit or an hourly cash equivalent thereof. DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with d. If the contractor does not make payments to a trustee or other prevailing wage requirements. It is not a violation of this section for a third person, the contractor may consider as part of the wages of prime contractor to require a subcontractor to provide addresses any laborer or mechanic the amount of any costs reasonably and social security numbers to the prime contractor for its own anticipated in providing bona fide fringe benefits under a plan or records,without weekly submission to the contracting agency.. program, Provided,That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the (2) Each payroll submitted shall be accompanied by a "Statement of Davis-Bacon Act have been met. The Secretary of Labor may Compliance,"signed by the contractor or subcontractor or his or her require the contractor to set aside in a separate account assets for agent who pays or supervises the payment of the persons employed the meeting of obligations under the plan or program. under the contract and shall certify the following: 2. Withholding (i) That the payroll for the payroll period contains the The contracting agency shall upon its own action or upon written information required to be provided under §5.5 (a)(3)(ii) of request of an authorized representative of the Department of Labor, Regulations, 29 CFR part 5,the appropriate information is being withhold or cause to be withheld from the contractor under this maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, contract, or any other Federal contract with the same prime and that such information is correct and complete; contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same (ii) That each laborer or mechanic (including each helper, prime contractor, so much of the accrued payments or advances as Agreement 1300-30 apprentice, and trainee) employed on the contract during the fringe benefits in accordance with the provisions of the payroll period has been paid the full weekly wages earned, apprenticeship program. If the apprenticeship program does not without rebate, either directly or indirectly, and that no specify fringe benefits, apprentices must be paid the full amount of deductions have been made either directly or indirectly from the fringe benefits listed on the wage determination for the applicable full wages earned,other than permissible deductions as set forth classification. If the Administrator determines that a different practice in Regulations,29 CFR part 3; prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash In the event the Office of Apprenticeship Training, Employer and equivalents for the classification of work performed, as specified Labor Services,or a State Apprenticeship Agency recognized by the in the applicable wage determination incorporated into the Office, withdraws approval of an apprenticeship program, the contract. contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of b.Trainees(programs of the USDOL). Compliance"required by paragraph 3.b.(2)of this section. Except as provided in 29 CFR 5.16, trainees will not be permitted to (4) The falsification of any of the above certifications may work at less than the predetermined rate for the work performed subject the contractor or subcontractor to civil or criminal unless they are employed pursuant to and individually registered in prosecution under section 1001 of title 18 and section 231 of title a program which has received prior approval, evidenced by formal 31 of the United States Code. certification by the U.S. Department of Labor, Employment and c.The contractor or subcontractor shall make the records required Training Administration. under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the The ratio of trainees to journeymen on the job site shall not be contracting agency, the State DOT, the FHWA, or the Department greater than permitted under the plan approved by the Employment of Labor, and shall permit such representatives to interview and Training Administration. employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them Every trainee must be paid at not less than the rate specified in the available, the FHWA may, after written notice to the contractor, the approved program for the trainee's level of progress,expressed as a contracting agency or the State DOT, take such action as may be percentage of the journeyman hourly rate specified in the applicable necessary to cause the suspension of any further payment, wage determination. Trainees shall be paid fringe benefits in advance, or guarantee of funds. Furthermore, failure to submit the accordance with the provisions of the trainee program. If the trainee required records upon request or to make such records available program does not mention fringe benefits,trainees shall be paid the may be grounds for debarment action pursuant to 29 CFR 5.12. full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines 4. Apprentices and trainees that there is an apprenticeship program associated with the a. Apprentices(programs of the USDOL). corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered Apprentices will be permitted to work at less than the predetermined and participating in a training plan approved by the Employment and rate for the work they performed when they are employed pursuant Training Administration shall be paid not less than the applicable to and individually registered in a bona fide apprenticeship program wage rate on the wage determination for the classification of work registered with the U.S. Department of Labor, Employment and actually performed. In addition, any trainee performing work on the Training Administration, Office of Apprenticeship Training, Employer job site in excess of the ratio permitted under the registered program and Labor Services, or with a State Apprenticeship Agency shall be paid not less than the applicable wage rate on the wage recognized by the Office,or if a person is employed in his or her first determination for the work actually performed. 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship In the event the Employment and Training Administration withdraws Training, Employer and Labor Services or a State Apprenticeship approval of a training program, the contractor will no longer be Agency (where appropriate) to be eligible for probationary permitted to utilize trainees at less than the applicable employment as an apprentice. predetermined rate for the work performed until an acceptable program is approved. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to c. Equal employment opportunity. The utilization of apprentices, the contractor as to the entire work force under the registered trainees and journeymen under this part shall be in conformity with program. Any worker listed on a payroll at an apprentice wage rate, the equal employment opportunity requirements of Executive Order who is not registered or otherwise employed as stated above, shall 11246,as amended,and 29 CFR part 30. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of d. Apprentices and Trainees(programs of the U.S.DOT). the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Apprentices and trainees working under apprenticeship and skill work actually performed. Where a contractor is performing training programs which have been certified by the Secretary of construction on a project in a locality other than that in which its Transportation as promoting EEO in connection with Federal-aid program is registered, the ratios and wage rates (expressed in highway construction programs are not subject to the requirements percecontractor'sntages s of the journeyman's actor's hourly rate)programspecifies in the of paragraph 4 of this Section IV. The straight time hourly wage erveor subcontractor's registered shall be rates for apprentices and trainees under such programs will be observed. established by the particular programs.The ratio of apprentices and Every apprentice must be paid at not less than the rate specified in trainees to journeymen shall not be greater than permitted by the the registered program for the apprentice's level of progress, terms of the particular program. expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid Agreement 1300-31 5. Compliance with Copeland Act requirements. The contractor a territory, to such District or to such territory), for liquidated shall comply with the requirements of 29 CFR part 3, which are damages. Such liquidated damages shall be computed with respect incorporated by reference in this contract. to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.)of this section,in the sum of$10 for each calendar day on which 6.Subcontracts. The contractor or subcontractor shall insert Form such individual was required or permitted to work in excess of the FHWA-1273 in any subcontracts and also require the subcontractors standard workweek of forty hours without payment of the overtime to include Form FHWA-1273 in any lower tier subcontracts. The wages required by the clause set forth in paragraph (1.) of this prime contractor shall be responsible for the compliance by any section. subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon 7. Contract termination: debarment. A breach of the contract written request of an authorized representative of the Department of clauses in 29 CFR 5.5 may be grounds for termination of the Labor withhold or cause to be withheld, from any moneys payable contract, and for debarment as a contractor and a subcontractor as on account of work performed by the contractor or subcontractor provided in 29 CFR 5.12. under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to 8. Compliance with Davis-Bacon and Related Act requirements. the Contract Work Hours and Safety Standards Act,which is held by All rulings and interpretations of the Davis-Bacon and Related Acts the same prime contractor, such sums as may be determined to be contained in 29 CFR parts 1, 3, and 5 are herein incorporated by necessary to satisfy any liabilities of such contractor or reference in this contract. subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2.)of this section. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to 4.Subcontracts. The contractor or subcontractor shall insert in any the general disputes clause of this contract. Such disputes shall be subcontracts the clauses set forth in paragraph (1.) through (4.) of resolved in accordance with the procedures of the Department of this section and also a clause requiring the subcontractors to include Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the these clauses in any lower tier subcontracts. The prime contractor meaning of this clause include disputes between the contractor (or shall be responsible for compliance by any subcontractor or lower any of its subcontractors) and the contracting agency, the U.S. tier subcontractor with the clauses set forth in paragraphs (1.) Department of Labor,or the employees or their representatives. through(4.)of this section. 10.Certification of eligibility. VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts a. By entering into this contract,the contractor certifies that neither it on the National Highway System. (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded 1. The contractor shall perform with its own organization contract Government contracts by virtue of section 3(a) of the Davis-Bacon work amounting to not less than 30 percent(or a greater percentage Act or 29 CFR 5.12(a)(1). if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting b. No part of this contract shall be subcontracted to any person or agency. Specialty items may be performed by subcontract and the firm ineligible for award of a Government contract by virtue of amount of any such specialty items performed may be deducted section 3(a)of the Davis-Bacon Actor 29 CFR 5.12(a)(1). from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor,and equipment V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime The following clauses apply to any Federal-aid construction contract contractor,or any other assignees. The term may include payments in an amount in excess of $100,000 and subject to the overtime for the costs of hiring leased employees from an employee leasing provisions of the Contract Work Hours and Safety Standards Act. firm meeting all relevant Federal and State regulatory requirements. These clauses shall be inserted in addition to the clauses required Leased employees may only be included in this term if the prime by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the contractor meets all of the following conditions: terms laborers and mechanics include watchmen and guards. (1) the prime contractor maintains control over 1. Overtime requirements. No contractor or subcontractor the supervision of the day-to-day activities of the leased employees; contracting for any part of the contract work which may require or (2) the prime contractor remains responsible for the quality of involve the employment of laborers or mechanics shall require or the work of the leased employees; permit any such laborer or mechanic in any workweek in which he or (3) the prime contractor retains all power to accept or exclude she is employed on such work to work in excess of forty hours in individual employees from work on the project;and such workweek unless such laborer or mechanic receives (4) the prime contractor remains ultimately responsible for the compensation at a rate not less than one and one-half times the payment of predetermined minimum wages, the submission of basic rate of pay for all hours worked in excess of forty hours in such payrolls, statements of compliance and all other Federal workweek. regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that 2. Violation; liability for unpaid wages; liquidated damages. In requires highly specialized knowledge, abilities, or equipment not the event of any violation of the clause set forth in paragraph (1.)of ordinarily available in the type of contracting organizations qualified this section, the contractor and any subcontractor responsible and expected to bid or propose on the contract as a whole and in therefor shall be liable for the unpaid wages. In addition, such general are to be limited to minor components of the overall contractor and subcontractor shall be liable to the United States (in contract. the case of work done under contract for the District of Columbia or Agreement 1300-32 2. The contract amount upon which the requirements set forth in and similar acts, Form FHWA-1022 shall be posted on each paragraph(1)of Section VI is computed includes the cost of material Federal-aid highway project (23 CFR 635) in one or more places and manufactured products which are to be purchased or produced where it is readily available to all persons concerned with the by the contractor under the contract provisions. project: 3. The contractor shall furnish (a) a competent superintendent or 18 U.S.C. 1020 reads as follows: supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract "Whoever, being an officer, agent, or employee of the United requirements, and is in charge of all construction operations States, or of any State or Territory, or whoever, whether a person, (regardless of who performs the work)and (b)such other of its own association, firm, or corporation, knowingly makes any false organizational resources (supervision, management, and statement, false representation, or false report as to the character, engineering services) as the contracting officer determines is quality, quantity, or cost of the material used or to be used, or the necessary to assure the performance of the contract. quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, 4. No portion of the contract shall be sublet, assigned or otherwise specifications, contracts, or costs of construction on any highway or disposed of except with the written consent of the contracting officer, related project submitted for approval to the Secretary of or authorized representative,and such consent when given shall not Transportation;or be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after Whoever knowingly makes any false statement, false the contracting agency has assured that each subcontract is representation, false report or false claim with respect to the evidenced in writing and that it contains all pertinent provisions and character, quality, quantity, or cost of any work performed or to be requirements of the prime contract. performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by 5. The 30% self-performance requirement of paragraph (1) is not the Secretary of Transportation;or applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act VII.SAFETY:ACCIDENT PREVENTION approved July 1, 1916, (39 Stat. 355), as amended and supplemented; This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Shall be fined under this title or imprisoned not more than 5 years or both." 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health,and sanitation(23 CFR 635).The contractor shall provide all IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL safeguards, safety devices and protective equipment and take any WATER POLLUTION CONTROL ACT other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and This provision is applicable to all Federal-aid construction contracts health of employees on the job and the safety of the public and to and to all related subcontracts. protect property in connection with the performance of the work covered by the contract. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid 2. It is a condition of this contract, and shall be made a condition of construction contractor, or subcontractor, as appropriate, will be each subcontract, which the contractor enters into pursuant to this deemed to have stipulated as follows: contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in 1. That any person who is or will be utilized in the performance of surroundings or under conditions which are unsanitary, hazardous this contract is not prohibited from receiving an award due to a or dangerous to his/her health or safety, as determined under violation of Section 508 of the Clean Water Act or Section 306 of the construction safety and health standards (29 CFR 1926) Clean Air Act. promulgated by the Secretary of Labor, in accordance with Section 2.That the contractor agrees to include or cause to be included the 107 of the Contract Work Hours and Safety Standards Act (40 requirements of paragraph(1)of this Section X in every subcontract, U.S.C.3704). and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, the Secretary of Labor or authorized representative thereof, shall INELIGIBILITY AND VOLUNTARY EXCLUSION have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and This provision is applicable to all Federal-aid construction contracts, health standards and to carry out the duties of the Secretary under design-build contracts, subcontracts, lower-tier subcontracts, Section 107 of the Contract Work Hours and Safety Standards Act purchase orders, lease agreements, consultant contracts or any (40 U.S.C.3704). other covered transaction requiring FHWA approval or that is estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 and 1200. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 1.Instructions for Certification—First Tier Participants: This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree b. The inability of a person to provide the certification set out of reliability on statements and representations made by engineers, below will not necessarily result in denial of participation in this contractors,suppliers,and workers on Federal-aid highway projects, covered transaction. The prospective first tier participant shall it is essential that all persons concerned with the project perform submit an explanation of why it cannot provide the certification set their functions as carefully, thoroughly, and honestly as possible. out below. The certification or explanation will be considered in Willful falsification, distortion, or misrepresentation with respect to connection with the department or agency's determination whether any facts related to the project is a violation of Federal law. To to enter into this transaction. However,failure of the prospective first prevent any misunderstanding regarding the seriousness of these tier participant to furnish a certification or an explanation shall Agreement 1300-33 disqualify such a person from participation in this transaction. and Voluntary Exclusion—First Tier Participants: c. The certification in this clause is a material representation of a. The prospective first tier participant certifies to the best of its fact upon which reliance was placed when the contracting agency knowledge and belief,that it and its principals: determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous (1) Are not presently debarred, suspended, proposed for certification, in addition to other remedies available to the Federal debarment, declared ineligible, or voluntarily excluded from Government, the contracting agency may terminate this transaction participating in covered transactions by any Federal department or for cause of default. agency; d. The prospective first tier participant shall provide immediate (2) Have not within a three-year period preceding this proposal written notice to the contracting agency to whom this proposal is been convicted of or had a civil judgment rendered against them for submitted if any time the prospective first tier participant learns that commission of fraud or a criminal offense in connection with its certification was erroneous when submitted or has become obtaining, attempting to obtain, or performing a public (Federal, erroneous by reason of changed circumstances. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of e. The terms "covered transaction," "debarred," "suspended," embezzlement, theft, forgery, bribery, falsification or destruction of "ineligible," "participant," "person," "principal," and "voluntarily records,making false statements,or receiving stolen property; excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered (3) Are not presently indicted for or otherwise criminally or civilly transaction between a grantee or subgrantee of Federal funds and a charged by a governmental entity (Federal, State or local) with participant (such as the prime or general contract). "Lower Tier commission of any of the offenses enumerated in paragraph (a)(2) Covered Transactions" refers to any covered transaction under a of this certification;and First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered (4) Have not within a three-year period preceding this transaction with a grantee or subgrantee of Federal funds (such as application/proposal had one or more public transactions (Federal, the prime or general contractor). "Lower Tier Participant" refers any State or local)terminated for cause or default. participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as b. Where the prospective participant is unable to certify to any of subcontractors and suppliers). the statements in this certification, such prospective participant shall attach an explanation to this proposal. f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered 2.Instructions for Certification-Lower Tier Participants: into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared (Applicable to all subcontracts, purchase orders and other lower tier ineligible, or voluntarily excluded from participation in this covered transactions requiring prior FHWA approval or estimated to cost transaction, unless authorized by the department or agency entering $25,000 or more-2 CFR Parts 180 and 1200) into this transaction. a. By signing and submitting this proposal, the prospective lower g. The prospective first tier participant further agrees by tier is providing the certification set out below. submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and b. The certification in this clause is a material representation of Voluntary Exclusion-Lower Tier Covered Transactions," provided by fact upon which reliance was placed when this transaction was the department or contracting agency, entering into this covered entered into. If it is later determined that the prospective lower tier transaction, without modification, in all lower tier covered participant knowingly rendered an erroneous certification, in addition transactions and in all solicitations for lower tier covered to other remedies available to the Federal Government, the transactions exceeding the$25,000 threshold. department, or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered c. The prospective lower tier participant shall provide immediate transaction that is not debarred, suspended, ineligible, or voluntarily written notice to the person to which this proposal is submitted if at excluded from the covered transaction, unless it knows that the any time the prospective lower tier participant learns that its certification is erroneous. A participant is responsible for ensuring certification was erroneous by reason of changed circumstances. that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the d. The terms "covered transaction," "debarred," "suspended," eligibility of its principals, as well as the eligibility of any lower tier "ineligible," "participant," "person," "principal," and "voluntarily prospective participants,each participant may, but is not required to, excluded," as used in this clause, are defined in 2 CFR Parts 180 check the Excluded Parties List System website and 1200. You may contact the person to which this proposal is (https://www.epls.gov/), which is compiled by the General Services submitted for assistance in obtaining a copy of those regulations. Administration. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant i. Nothing contained in the foregoing shall be construed to require (such as the prime or general contract). "Lower Tier Covered the establishment of a system of records in order to render in good Transactions" refers to any covered transaction under a First Tier faith the certification required by this clause. The knowledge and Covered Transaction (such as subcontracts). "First Tier Participant" information of the prospective participant is not required to exceed refers to the participant who has entered into a covered transaction that which is normally possessed by a prudent person in the with a grantee or subgrantee of Federal funds(such as the prime or ordinary course of business dealings. general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier j. Except for transactions authorized under paragraph (f)of these Participant or other Lower Tier Participants (such as subcontractors instructions, if a participant in a covered transaction knowingly and suppliers). enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from e. The prospective lower tier participant agrees by submitting this participation in this transaction, in addition to other remedies proposal that, should the proposed covered transaction be entered available to the Federal Government,the department or agency may into, it shall not knowingly enter into any lower tier covered terminate this transaction for cause or default. transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered 2. Certification Regarding Debarment, Suspension, Ineligibility transaction, unless authorized by the department or agency with Agreement 1300-34 which this transaction originated. any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS Voluntary Exclusion-Lower Tier Covered Transaction," without FOR LOBBYING modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the This provision is applicable to all Federal-aid construction contracts $25,000 threshold. and to all related subcontracts which exceed$100,000(49 CFR 20). g. A participant in a covered transaction may rely upon a 1. The prospective participant certifies, by signing and submitting certification of a prospective participant in a lower tier covered this bid or proposal, to the best of his or her knowledge and belief, transaction that is not debarred, suspended, ineligible, or voluntarily that: excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring a. No Federal appropriated funds have been paid or will be paid, that its principals are not suspended, debarred, or otherwise by or on behalf of the undersigned, to any person for influencing or ineligible to participate in covered transactions. To verify the attempting to influence an officer or employee of any Federal eligibility of its principals, as well as the eligibility of any lower tier agency,a Member of Congress,an officer or employee of Congress, prospective participants,each participant may,but is not required to, or an employee of a Member of Congress in connection with the check the Excluded Parties List System website awarding of any Federal contract, the making of any Federal grant, (https://www.epls.gov/), which is compiled by the General Services the making of any Federal loan,the entering into of any cooperative Administration. agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative h. Nothing contained in the foregoing shall be construed to require agreement. establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and b. If any funds other than Federal appropriated funds have been information of participant is not required to exceed that which is paid or will be paid to any person for influencing or attempting to normally possessed by a prudent person in the ordinary course of influence an officer or employee of any Federal agency, a Member business dealings. of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, i. Except for transactions authorized under paragraph e of these grant, loan, or cooperative agreement, the undersigned shall instructions, if a participant in a covered transaction knowingly complete and submit Standard Form-LLL, "Disclosure Form to enters into a lower tier covered transaction with a person who is Report Lobbying,"in accordance with its instructions. suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies 2. This certification is a material representation of fact upon which available to the Federal Government,the department or agency with reliance was placed when this transaction was made or entered into. which this transaction originated may pursue available remedies, Submission of this certification is a prerequisite for making or including suspension and/or debarment. 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 Certification Regarding Debarment, Suspension, Ineligibility civil penalty of not less than $10,000 and not more than $100,000 and Voluntary Exclusion--Lower Tier Participants: for each such failure. 1. The prospective lower tier participant certifies, by submission of 3. The prospective participant also agrees by submitting its bid or this proposal, that neither it nor its principals is presently debarred, proposal that the participant shall require that the language of this suspended, proposed for debarment, declared ineligible, or certification be included in all lower tier subcontracts, which exceed voluntarily excluded from participating in covered transactions by $100,000 and that all such recipients shall certify and disclose any Federal department or agency. accordingly. 2.Where the prospective lower tier participant is unable to certify to Agreement 1300-35 SECTION 1310 FAITHFUL PERFORMANCE BOND Bond No. 107185450 KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on March 25, 2020,awarded to Ames Construction,Inc.,hereinafter designated as the Principal,a Contract for BID NO.B19-10E, CATHEDRAL CANYON DRIVE LOW WATER CROSSING REPLACEMENT(NEW BRIDGE) AT THE WHITE WATER RIVER,CITY PROJECT NO.8919,FEDERAL AID PROJECT NO.BR-NBIL(504),and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal,and Travelers Casualty and Surety Company of America,as Surety,are held and firmly bound unto the City in the just and full amount of * ($19,176,882 .00)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. *Nineteen Million One Hundred Seventy-six Thousand Eight Hundred Eighty-two And No/100 Dollars 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 1st day of April ,20 20 ,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. Ames Construction,Inc. Principal (Seal) Signature for Principal Michael J.Kellen,Secretary/Chief Financial Officer Title of Signatory Travelers Casualty and Surety Company of America Surety (Seal) Signature for Surety John E.Tauer,Attorney-in-Fact Title of Signatory One Tower Square,Hartford,CT 06183 Address of Surety (860)277-0111 Phone#of Surety Kevin O'Toole Contact Person for Surety Faithful Performance Bond 1310-2 SECTION 1320 PAYMENT BOND Bond No. 107185450 KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on March 25, 2020,awarded to Ames Construction,Inc.,hereinafter designated as the Principal,a Contract for BID NO.B19-10E, CATHEDRAL CANYON DRIVE LOW WATER CROSSING REPLACEMENT(NEW BRIDGE)AT THE WHITE WATER RIVER,CITY PROJECT NO.8919,FEDERAL AID PROJECT NO.BR-NBIL(504),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: NOW,THEREFORE,we,the Principal,andTravelers Casualty and Surety Company of America,as Surety,are held and firmly bound unto the City in the just and full amount of * ($19,176,882 .00)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. *Nineteen Million One Hundred Seventy-six Thousand Eight Hundred Eighty-two And No/100 Dollars 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 1st day of April ,20 20 ,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. Ames Construction,Inc. Principal (Seal) Signature for Principal Michael J.Kellen,Secretary/Chief Financial Officer Title of Signatory Travelers Casualty and Surety Company of America Surety (Seal) Z7f6M1 /' Signature for Surety John E.Tauer,Attorney-in-Fact Title of Signatory One Tower Square,Hartford,CT 06183 Address of Surety (860)277-0111 Phone#of Surety Kevin O'Toole Contact Person for Surety Payment Bond 1320-2 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ss County of Dakota On this I day of / 2( , before me appeared Michael J.Kellen to me personally known, who, being by me duly sworn, did say that he/she is the Secretary/Chief Financial Officer of Ames Construction,Inc. , a corporation,that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Michael J.Kellen acknowledged said instrument to be the free act and deed f s d corporation. — vb. di\ //40 AMIE J KRAUS NOTARY PUBLIC I &C17- County, ,,.Notary Public I s: )! MINNESOTA �j 'i, s , My Commission Expires Jan.31,2025 3i 025 w.M�•t My commission expires SURETY ACKNOWLEDGMENT State of Minnesota ss County of Hennepin On this 1st day of April 2020 , before me appeared John E.Tauer to me personally know, who being by me duly sworn, did say that(s)he is the Attorney-in-Fact of Travelers Casualty and Surety Company of America , a corporation,that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said John E.Tauer acknowledged said instrument to be the free act and deed of said corporation. LIN ULVEN � '=NOTARY PUBLIC-MINNESOTA c •/;-=7:;_ My Commission Expires Notary Public Ramsey County, Minnesota January 31,2025 My commission expires 1/31/2025 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint John E.Tauer of MINNEAPOLIS Minnesota their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 'MOON HARTrolo M it moot cow Y Vt A� Y State of Connecticut By: City of Hartford ss. Robert L.Raney,Se' i-Or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June,202111:14\1°. O'��'' �. `� * * Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 1st day of April , 2020 Ar sJ' nN� .$ it, 4 timmat, t K ♦ VOPV 141,4, CONN I sr LL• Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. No. 6516 S'I'a rit,OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Ames]ded Certificate of Authority THIS IS TO CERTIFY, That,pursuant to the insurance Code pf the State of('ali fbrniu, Travelers Casualty and Surety Company of America of Hartford, Connecticut, organized under the laws of Connecticut, subject to its Articles of Incorporation or other Jwsdamental organizational documents, is hereby authorized to transact within this State,suhject to all provisions of this Certificate,the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Credit,Sprinkler, Team and Vehicle,Automobile,Aircraft,and Miscellaneous us such classes etre now or may hereafter he defined in the Insurance Las of the Sire c'f Cul.;'1in•tria. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being to fall compliance with all, and not in violation of any,of the applicable laws and lawful requirements made under authoring of the incc , of the State of Calif Ornia as long as such laws or requirements are in effect and upplicahle, and as such laws and requirements now are,or awl'hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 1st day of July. 1997, 1 have hereunto set my hwui anti caused my official seal to be off reel this 16th clay of✓rote, 1997. Fee 592.00 Chuck Quackenbush Rec.No. Filed 5;28'97 liv Victoria S. Salinity aeptely Certification 1, the undersigned lissttronce Commissioner of the State of California, da herc/n certify that 1 have compare the(thol'e cop's of C•r riticate of,.1uthority t+ith the duplicate of original now on file in trtr office,and that the sarin is a full, true, and carr+ct transcript thereof` and of the whole of said duplicate, and said Cer'7,wte of Authority is now in full force and effect. IN WITNESS WHEREOF,I have hereunto se'in) hand and caused my t flicial seal to be affixed this 31st day of December, 2007. Steve Palmer tns,rrancc Cvnrnssirrarr tz� c t11A, �_ Pauline 1) nrlrca 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 -e work of this contract." 1 Gerard F. Miller Signature Executive Vice President Title 4-A72L)zv Date Worker's Compensation Insurance Certificate 1330-1 • L SECTION 1340 LIABILITY AND INSURANCE REOUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify,hold harmless and assume the defense of the City of Cathedral City(City), its elected officials, officers,agents, employees, commission members and representatives, The Coachella Valley Water District (CVWD), The Riverside County Flood Control (RCFC) officers, agents, and employees,the Coachella Valley Association of Governments(CVAG),its elected officials,officers,agents, employees,commission members and representatives,from all damages,costs,or expenses in law or equity that may at any time arise to cause damages to property,or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. The City does not,and shall not,waive any rights that it may have against Contractor,any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless,indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim,demand,damage,liability,loss,cost or expense described herein. The City/CVWD/RCFC/CVAG shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REOUIREMENTS 2.1 General After award of Contract,the Contractor shall promptly obtain,at its own expense,all the insurance required by Paragraph 1340-2.0,INSURANCE REOUIREMENTS,and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work,until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor.Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as is required by Paragraph 1340-2.0 INSURANCE REOUIREMENTS. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract,a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar($4,000,000)annual project aggregate,for all of the following: a. Premises Operations,including Explosion,Collapse and Underground(X,C,and U)Coverage. b. Completed Operations/Products,including X,C,and U Coverage. c. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars($1,000). Liability and Insurance Requirements 1340-1 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy,on an occurrence basis,with a minimum amount of not less than Two Million Dollars($2,000,000) combined single limit for bodily injury and property damage,providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars($1,000). 2.4 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self-insured retentions are not permitted. Coverage shall be provided on a"pay on behalf"basis,with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suites by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor,subcontractors,or other involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than$1,000,000 per occurrence and aggregate. 2.5 Course of Construction Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions:(1)City shall be named as loss payee;and(2)the insurer shall waive all rights of recovery against the City. 2.6 Workers'Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers'Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers'Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 2.7 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City,City employees and officers,the City Engineer,its consultants,elected officials,and agents; the Coachella Valley Water District, the Riverside County Flood Control, and the Coachella Valley Association of Government,their agents,officers,employees,and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured,and additional insured,as though a separate policy had been written for each. This,however,will not act to increase the limit of liability of the insuring company. Liability and Insurance Requirements 1340-2 � r d. "Thirty(30)days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Charles P.McClendon,City Manager City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 2.8 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.5.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability and Insurance Requirements 1340-3 I ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) /7/2020 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 CONTACT NAME: Teresa Wasick CSDZ, LLC 225 South Sixth Street, Suite 1900 taco.NNo.Eat):612-349-2413 (A/C,No):612-349-2490 Minneapolis MN 55401 ADMDRESS: tWasick@csdz.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of America 25666 INSURED AMESCONI INSURER B:Travelers Property Casualty Company of America 25674 Ames Construction, Inc. 2500 County Road 42 Suite 200 INSURERC: Burnsville, MN 55337 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:516873632 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 ADDL SUM POLICY EFF POLICY EXP - - LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY VTC2HCO1 H525546TIA19 12/1/2019 12/1/2020 EACH OCCURRENCE $2,000,000 DAMAGE TO ICLAIMS-MADE X � OCCUR PREM SES(Ea occurrRENTEence) $300,000 X Contr Liab Per MED EXP(Any one person) $5,000 X Policy Form/XCU PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 _ POLICY X lir LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY VTC2JCAP1H525534TIL19 12/1/2019 12/1/2020 COaatleDtSINGLELIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURYPer accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$A WORKERS $ B ANDEMPLOYERS'NSATION LIABILITY UB1L1177941925K 12/1/2019 12/1/2020 X STATUTE EERH Y/N UB0L8446741925R 12/1/2019 12/1/2020 ANYPROPRIETOR/PARTNER!EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N 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 A Stop Gap UB1L1177941925K 12/1/2019 12/1/2020 Applies to ND,OH,WA,WY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Cathedral Canyon Drive Low Water Crossing Replacement(New Bridge)at Whitewater River,City Project No.8919, Federal Project No. BR-NBIL(SO4) Deductibles:General Liability$1,000/Automobile Liability$1,000 Additional Insured only if required by written contract with respect to General Liability and Automobile Liability applies on a primary basis and the insurance of the additional insured shall be non-contributory: City of Cathedral City(City), City employees and officers,the City Engineer, its consultants,elected officials, and agents;the Coachella Valley Water District,the Riverside County Flood Control,and the Coachella Valley Association of Government,their agents, officers,employees,sub-consultants,and Others as required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City CA 92234 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: AMESCONI LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED CSDZ, LLC Ames Construction, Inc. 2500 County Road 42 Suite 200 POLICY NUMBER Burnsville,MN 55337 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation only if required by written contract with respect to General Liability,Automobile Liability,and Workers Compensation applies in favor of: City of Cathedral City(City),City employees and officers,the City Engineer, its consultants,elected officials,and agents;the Coachella Valley Water District,the Riverside County Flood Control,and the Coachella Valley Association of Government,their agents,officers,employees,sub-consultants,and Others as required by written contract. The General Liability and Auto Liability Coverage Forms Include a Separation of Insureds Section. The following supersedes the cancellation wording:Should any of the above described policies be cancelled before the expiration date,30 Days written notice (10 Days for Non-Payment)will be delivered to the certificate holder. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE— INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II —COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured"while us- "insured" will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (Iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE— INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- slons, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducts- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE— INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III— PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- l. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN (a) The Additional Insured — Owners, Les- INSURED: sees or Contractors — Scheduled Person Any person or organization that: or Organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 or CG 20 10 04 13, the Additional include as an additional insured on this Coverage Insured — Owners, Lessees or Contrac- Part; and tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates; or ment under this Coverage Part which includes (b) Either or both of the following: the Addi such person or organization in the endorsement's tional Insured — Owners, Lessees or Con- schedule; tractors — Scheduled Person Or Organi- is an insured, but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury" or ditional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en- injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in- agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or(3) be- in whole or in part, by acts or omissions of low, whichever applies: you or your subcontractor in the performance (1) If the written contract or agreement specifical of "your work" to which the written contract or ly requires you to provide additional insured agreement applies; or coverage to that person or organization by (3) If neither Paragraph (1) nor(2) above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors — (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of "your work" tional Insured — Owners, Lessees or Con- to which the written contract or agree- tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured — Owners, Lessees qualify as an additional insured with re- or Contractors — Completed Operations spect to the independent acts or omis- endorsement CG 20 37 10 01; sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of"your work" to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Urn- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b) The names and addresses of any injured agreement. This provision will not increase the persons and witnesses; and limits of insurance described in Section III — Limits Of Insurance. (c) The nature and location of any injury or b. The insurance provided to such additional insured damage arising out of the "occurrence" or does not apply to: offense. Any "bodily injury', "property damage" or (2) If a claim is made or "suit" is brought against (1) Ay y ur y p p y g the additional insured: "personal injury arising out of the providing, or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural, engineering or surveying services, claim or"suit" and the date received; and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or failing to to it that we receive written notice of the prepare or approve, maps, shop draw- claim or"suit" as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the "suit", and otherwise comply with all policy engineering activities. conditions. (2) Any "bodily injury" or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "products-completed operations hazard" un- ance which would cover such additional in- less the written contract or agreement specifi- sured for a loss we cover. However, this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organiza- lowing duties: tion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. 4 Page 2 of 2 ©2017 The Travelers Indemnity Company.All rights reserved. CG D6 04 02 19 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place what is and is not covered. in the"coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed "our' refer to the company providing this insurance. under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II — Who Is An "occurrence" or claim knew that the "bodily Insured. injury" or "property damage" had occurred, in whole or in part. If such a listed insured Other words and phrases that appear in quotation or authorized "employee" knew, prior to the marks have special meaning. Refer to Section V — policy period, that the "bodily injury" or Definitions. "property damage" occurred, then any SECTION I—COVERAGES continuation, change or resumption of such COVERAGE A—BODILY INJURY AND PROPERTY "bodily injury" or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to have been known prior to the policy period. 1. Insuring Agreement a. We will pay those sums that the insured c. "Bodily injury" or "property damage" which becomes legally obligated to pay as damages occurs during the policy period and was not, because of "bodily injury" or"property damage" prior to the policy period, known to have to which this insurance applies. We will have occurred by any insured listed under Paragraph the right and duty to defend the insured against 1. of Section II — Who Is An Insured or any any "suit" seeking those damages. However, "employee" authorized by you to give or receive we will have no duty to defend the insured notice of an "occurrence" or claim, includes any against any "suit" seeking damages for "bodily continuation, change or resumption of that injury' or "property damage" to which this "bodily injury" or "property damage" after the insurance does not apply. We may, at our end of the policy period. discretion, investigate any "occurrence" and d. "Bodily injury" or "property damage" will be settle any claim or"suit"that may result. But: deemed to have been known to have occurred (1) The amount we will pay for damages is at the earliest time when any insured listed limited as described in Section III — Limits under Paragraph 1. of Section II — Who Is An Of Insurance; and Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of insurance in the payment of judgments or (1) Reports all, or any part, of the "bodily settlements under Coverages A or B or injury" or "property damage" to us or any medical expenses under Coverage C. other insurer; No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary injury" or"property damage"; or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc, with its permission. COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the"bodily injury". This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a a. Expected Or Intended Injury person to bring alcoholic beverages on your "Bodily injury" or"property damage" expected or premises, for consumption on your premises, intended from the standpoint of the insured. whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury" required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence "Bodily injury" to: of the contract or agreement; or (1) An "employee" of the insured arising out of (2) Assumed in a contract or agreement that is and in the course of: an "insured contract", provided that the "bodily injury" or "property damage" occurs (a) Employment by the insured; or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph (1)above. other than an insured will be deemed to be damages because of "bodily injury" or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party for, or for the repay someone else who must pay damages cost of, that party's defense has also because of the injury. been assumed in the same "insured This exclusion does not apply to liability contract"; and assumed by the insured under an "insured (b) Such attorneys' fees and litigation contract". expenses are for defense of that party against a civil or alternative dispute f. Pollution resolution proceeding in which (1) "Bodily injury" or "property damage" arising damages to which this insurance out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": "Bodily injury" or "property damage" for which (a) At or from any premises, site or any insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoxication loaned to, any insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury' if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol; or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission, COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (ii) "Bodily injury' or "property vehicle part designed to hold, store damage" for which you may be or receive them. This exception held liable, if you are a contractor does not apply if the "bodily injury" and the owner or lessee of such or "property damage" arises out of premises, site or location has been the intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or if such your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury' or "property (ii) "Bodily injury' or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (iii) "Bodily injury' or "property (c) If such "pollutants" are or were at any damage" arising out of heat, time transported, handled, stored, smoke or fumes from a "hostile treated, disposed of, or processed as fire"; or waste by or for: (i) Any insured; or (e) At or from any premises, site or location on which any insured or any (ii) Any person or organization for contractors or subcontractors working whom you may be legally directly or indirectly on any insured's responsible; behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any: contractor or subcontractor. However, (a) Request, demand, order or statutory or this subparagraph does not apply to: regulatory requirement that any insured (i) "Bodily injury' or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detwdfy or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of, "pollutants"; or CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, cleaning up, equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or in any way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of, "pollutants". (b) Not owned by any insured; and g. Aircraft,Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury" or "property damage" arising out property for a charge. of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation and "loading or unloading". (1) The transportation of "mobile equipment" by an "auto" owned or operated by or This exclusion applies even if the claims rented or loaned to any insured; or against any insured allege negligence or other wrongdoing in the supervision, hiring, (2) The use of "mobile equipment" in, or while employment, training or monitoring of others by in practice for, or while being prepared for, that insured, if the "occurrence" which caused any prearranged racing, speed, demolition, the "bodily injury" or"property damage" involved or stunting activity. the ownership, maintenance, use or i. War entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arising out watercraft that is owned or operated by or of: rented or loaned to any insured. This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) Warlike action by a military force, including action in hindering or defending against an own or rent; actual or expected attack, by any (2) A watercraft you do not own that is: government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental authority in hindering or defending against (3) Parking an "auto" on, or on the ways next any of these. to, premises you own or rent, provided the "auto" is not owned by or rented or loaned j. Damage To Property to you or the insured; "Property damage" to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy, contract" for the ownership, maintenance or including any costs or expenses incurred use of aircraft or watercraft; by you, or any other person, organization or (5) "Bodily injury" or "property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance of such property for any reason, including (a) The operation of machinery or prevention of injury to a person or damage equipment that is attached to, or part to another's property; of, a land vehicle that would qualify as "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" if such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility (3) Property loaned to you; law, or other motor vehicle insurance (4) Personal property in the care, custody or law, where it is licensed or principally control of the insured; garaged; or Page 4 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or expense (6) That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "premises damage". A separate (2) "Your work"; or limit of insurance applies to "premises damage" (3) "Impaired property"; as described in Paragraph 6. of Section III — Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply if or recalled from the market or from use by any person or organization or the premises are "your work" and were never suspected because seknown inadequacy or occupied, rented or held for rental by you. p dangerous condition in it. Paragraphs (3), (4), (5) and (6) of this o. Personal And Advertising Injury exclusion do not apply to liability assumed under a sidetrack agreement. "Bodily injury" arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury'. to "property damage" included in the "products- p. Electronic Data completed operations hazard". Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Property damage" to "your product" arising out or inability to manipulate"electronic data". of it or any part of it. However, this exclusion does not apply to I. Damage To Your Work liability for damages because of"bodily injury". "Property damage" to "your work" arising out of q. Unsolicited Communication it or any part of it and included in the"products- "Bodily injury" or "property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of"unsolicited communication". arises was performed on your behalf by a subcontractor. r. Access Or Disclosure Of Confidential Or Personal Information m. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising out Not Physically Injured of any access to or disclosure of any person's "Property damage" to "impaired property" or or organization's confidential or personal property that has not been physically injured, information. arising out of: s. Asbestos (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or (1) "Bodily injury" or "property damage" arising "your work"; or out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products containing asbestos, provided that the agreement in accordance with its terms. "bodily injury" or "property damage" is This exclusion does not apply to the loss of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury' or "property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph (a), (b), or(c)above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily injury". "suit" which also alleges any "bodily injury" Exclusions c. through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph (1) above. "premises damage" as described in Paragraph 6. of (3) Any loss, cost or expense arising out of Section III— Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request, demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1. Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury" to assess the effects of, asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury" to which this insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion, removing, containing, treating, investigate any offense and settle any claim or detoxifying or neutralizing, or in any "suit"that may result. But: way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duty to defend end when we "Bodily injury"to: have used up the applicable limit of (1) A person arising out of any: insurance in the payment of judgments or (a) Refusal to employ that person; settlements under Coverages A or B or (b) Termination of that person's medical expenses under Coverage C. employment; or No other obligation or liability to pay sums or (c) Employment-related practice, policy, perform acts or services is covered unless act or omission, such as coercion, explicitly provided for under Supplementary demotion, evaluation, reassignment, Payments. discipline, failure to promote or b. This insurance applies to "personal and advance, harassment, humiliation, advertising injury" caused by an offense arising discrimination, libel, slander, violation out of your business but only if the offense was of the person's right of privacy, committed in the "coverage territory" during the malicious prosecution or false arrest, policy period. detention or imprisonment applied to or 2. Exclusions directed at that person, regardless of whether such practice, policy, act or This insurance does not apply to: omission occurs, is applied or is a. Knowing Violation Of Rights Of Another committed before, during or after the "Personal and advertising injury" caused by or time of that person's employment; or at the direction of the insured with the (2) The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of"bodily of another and would inflict "personal and injury" to that person at whom any of the advertising injury". Page 6 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury" caused by malicious prosecution. resolution proceeding in which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury" arising out of f. Breach Of Contract oral or written publication, including publication "Advertising injury' arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g. Quality Or Performance Of Goods—Failure its falsity. To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury" arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising injury' arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means, of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or "Advertising injury" arising out of the wrong description of the price of goods, products or (2) "Advertising injury" arising out of services stated in your"advertisement". infringement of copyright, "title" or "slogan" in your "advertisement" whose first i. Intellectual Property infringement in your "advertisement" was "Personal and advertising injury" arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period. any of the following rights or laws, or any other d. Criminal Acts "personal and advertising injury" alleged in any claim or "suit" that also alleges any such "Personal and advertising injury" arising out of a infringement or violation: criminal act committed by or at the direction of the insured. (1) Copyright; e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages: (6) Trade secret; or (1) That the insured would have in the absence of the contract or agreement; or (7) Other intellectual property rights or laws. (2) Because of "personal injury" assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury' arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury" is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury" "insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright, "title" or "slogan" in insured will be deemed to be damages your"advertisement". because of"personal injury', provided that: j. Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury" caused by an been assumed by you in the same offense committed by an insured whose "insured contract"; and business is: (b) Such attorneys' fees and litigation (1) Advertising, "broadcasting" or publishing; expenses are for defense of that party CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in any way responding to, or websites for others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury" arising out of: However, this exclusion does not apply to (1) War, including undeclared or civil war; Paragraphs a.(1), (2) and (3) of the definition of "personal injury . (2) Warlike action by a military force, including action in hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or (3) Insurrection, rebellion, revolution, usurped newsletters about your goods, products or power, or action taken by governmental services will not be considered the authority in hindering or defending against business of publishing; and any of these. (2) The placing of frames, borders or links, or p. Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising injury" arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting or distributing of"unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q. Access Or Disclosure Of Confidential Or "Personal and advertising injury" arising out of Personal Information an electronic chatroom or bulletin board the "Personal and advertising injury" arising out of insured hosts or owns, or over which the any access to or disclosure of any person's or insured exercises control. organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury" arising out of (1) "Personal and advertising injury" arising out the unauthorized use of another's name or of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury" is caused or contributed "Personal and advertising injury" arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury" arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants" at any time. alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or n. Pollution-Related contaminant, including smoke, vapors, Any loss, cost or expense arising out of any: soot, fumes, acids, alkalis, chemicals and (1) Request, demand, order or statutory or waste, and that are part of any claim or regulatory requirement that any insured or "suit" which also alleges any"personal and others test for, monitor, clean up, remove, advertising injury" described in Paragraph contain, treat, detoxify or neutralize, or in (1) above. any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of, "pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (a) The accident takes place in the "coverage (b) Claim or suit by or on behalf of any territory" and during the policy period; governmental authority or any other person or organization because of (b) The expenses are incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident; and detoxifying or neutralizing, or in any (c) The injured person submits to examination, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal injury"to: applicable limit of insurance. We will pay reasonable expenses for: (1) A person arising out of any: (1) First aid administered at the time of an (a) Refusal to employ that person; accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or 2. Exclusions advance, harassment, humiliation, discrimination, libel, slander, violation We will not pay expenses for"bodily injury": of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except "volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed before, during or after the c. Injury On Normally Occupied Premises time of that person's employment; or To a person injured on that part of premises (2) The spouse, child, parent, brother or sister you own or rent that the person normally of that person as a consequence of occupies. "personal injury" to that person at whom any of the employment-related practices d. Workers' Compensation And Similar Laws described in Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the"bodily injury" are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the"personal injury". To a person injured while practicing, instructing COVERAGE C—MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard below for"bodily injurycaused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you own or rent; gCoverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 9 0f 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any"suit" against an insured d. The allegations in the "suit" and the information we defend: we know about the "occurrence" or offense are such that no conflict appears to exist between a. All expenses we incur. the interests of the insured and the interests of b. Up to $2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release attachments, but insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee: of insurance. We do not have to furnish these (1) Agrees in writing to: bonds. (a) Cooperate with us in the investigation, d. All reasonable expenses incurred by the settlement or defense of the"suit"; insured at our request to assist us in the (b) Immediately send us copies of any investigation or defense of the claim or "suit", demands, notices, summonses or legal including actual loss of earnings up to $500 a papers received in connection with the day because of time off from work. "suit"; e. All court costs taxed against the insured in the (c) Notify any other insurer whose "suit". However, these payments do not include coverage is available to the indemnitee; attorneys' fees or attorneys' expenses taxed and against the insured. (d) Cooperate with us with respect to f. Prejudgment interest awarded against the coordinating other applicable insurance insured on that part of the judgment we pay. If available to the indemnitee; and we make an offer to pay the applicable limit of (2) Provides us with written authorization to: insurance, we will not pay any prejudgment interest based on that period of time after the (a) Obtain records and other information offer. related to the"suit"; and g. All interest on the full amount of any judgment (b) Conduct and control the defense of the that accrues after entry of the judgment and indemnitee in such "suit". before we have paid, offered to pay, or So long as the above conditions are met, attorneys' deposited in court the part of the judgment that fees incurred by us in the defense of that is within the applicable limit of insurance. indemnitee, necessary litigation expenses incurred These payments will not reduce the limits of by us and necessary litigation expenses incurred by insurance. the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the 2. If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2) of Section I — indemnitee of the insured is also named as a party Coverages — Coverage A — Bodily Injury And to the "suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e. of the following conditions are met: Section I — Coverages — Coverage B — Personal a. The "suit" against the indemnitee seeks And Advertising Injury Liability, such payments will damages for which the insured has assumed not be deemed to be damages for "bodily injury", the liability of the indemnitee in a contract or "property damage" or "personal injury", and will not agreement that is an "insured contract"; reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above, sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED of Paragraph (1)(a)above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to share damages with or repay someone a. An individual, you and your spouse are else who must pay damages because insureds, but only with respect to the conduct of a business of which you are the sole owner. (1 ofthe injury described in Paragraph (1)(a)or(b) above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. Unless you are in the business or c. A limited liability company, you are an insured. occupation of providing professional health Your members are also insureds, but only with care services, Paragraphs (1)(a), (b), (c) respect to the conduct of your business. Your and (d) above do not apply to"bodily injury" managers are insureds, but only with respect to arising out of providing or failing to provide their duties as your managers. first aid or "Good Samaritan services" by d. An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers", other than an employed or insured. Your "executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with services" during their work hours for you respect to their liability as stockholders. will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) "Property damage" to property: a. Your "volunteer workers" only while performing (a) Owned, occupied or used by; duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by; liability company) or your managers (if you are a you, any of your "employees", "volunteer limited liability company), but only for acts workers", any partner or member(if you are within the scope of their employment by you or a partnership or joint venture), or any while performing duties related to the conduct member (if you are a limited liability of your business. However, none of these company). "employees" or "volunteer workers" are b. Any person (other than your "employee" or insureds for: "volunteer worker"), or any organization, while (1) "Bodily injury" or"personal injury": acting as your real estate manager. (a) To you, to your partners or members (if c. Any person or organization having proper you are a partnership or joint venture), temporary custody of your property if you die, to your members (if you are a limited but only: liability company), to a co-"employee" while in the course of his or her (1) With respect to liability arising out of the employment or performing duties maintenance or use of that property; and related to the conduct of your (2) Until your legal representative has been business, or to your other "volunteer appointed. 4 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 11 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: express or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations, whichever are less. property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury" or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever is earlier; 5. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization; and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury", "property advertising injury" arising out of an offense damage", or"personal and advertising injury"that: committed before you acquired or formed the a. Is "bodily injury' or "property damage" that organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section II — caused by an offense that is committed, Who Is An Insured, each such organization will be subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company; or of equipment leased to you by such equipment b. A trust; lessor. as indicated in its name or the documents that The insurance provided to such equipment lessor is govern its structure. subject to the following provisions: a. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed you agreed to provide in the written contract or in a written contract or agreement to include as an agreement, or the limits shown in the additional insured on this Coverage Part is an Declarations, whichever are less. insured, but only with respect to liability for "bodily injury , "property damage" or "personal and b. The insurance provided to such equipment advertising injury"that: lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal a. Is "bodily injury" or "property damage" that and advertising injury" caused by an offense occurs, or is "personal and advertising injury" that is committed, after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II—Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III—LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of "bodily injury" sustained by any one person. a. Insureds; The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations, unless the policy period is extended after for the sum of: issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury' or"property damage" SECTION IV—COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury' and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the "products-completedClaim Or Suit operations hazard". 4. Subject to Paragraph 2. above, the Personal And a. You must see to it that we are notified as soon Advertising Injury Limit is the most we will pay as practicable of an "occurrence" or an offense under Coverage B for the sum of all damages which may result in a claim. To the extent because of all "personal injury' and "advertising possible, notice should include: injury'sustained by any one person or organization. (1) How, when and where the "occurrence" or 5. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or offense. because of all "bodily injury' and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: For the purposes of determining the applicable (1) Immediately record the specifics of the Each Occurrence Limit, all related acts or claim or"suit" and the date received; and omissions committed in providing or failing to provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one You must see to it that we receive written notice "occurrence". of the claim or"suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will (1) Immediately send us copies of any pay under Coverage A for damages because of demands, notices, summonses or legal "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against that is your partner, joint venture the"suit"; and member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for"bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of"pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e.does not affect that requirement. any of your trustees who is an individual (if 3. Legal Action Against Us you are a trust) or any "employee" authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence" or offense is known by: an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's com an legal representative. P y; Page 14 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — (v) That is insurance available to an equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Occurrence Limit Of Liability And Non except when Paragraph d. below Cumulation Of Personal And Advertising Injury applies. Limit endorsement is included in this policy; (iii)Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to defend the insured against any"suit" if any As used anywhere in this Coverage Part, other other insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for"your work"; Part. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission, COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury' or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission, COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means, of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or instructional, music or news programming disparages a person's or organization's being transmitted; or goods, products or services, provided that the claim is made or the"suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to 6. "Coverage territory" means: have had its goods, products or services disparaged; a. The United States of America (including its (2) Oral or written publication, including territories and possessions), Puerto Rico and publication by electronic means, of material Canada; in your"advertisement"that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a. above; or false light; or c. All other parts of the world if the injury or (3) Infringement of copyright, "title" or"slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above; ownership of such copyright, "title" or "slogan". (2) The activities of a person whose home is in the territory described in Paragraph a. b. Includes "bodily injury" caused by one or more above, but is away for a short time on your of the offenses described in Paragraph a. business; or above. (3) "Personal and advertising injury" offenses 3. "Auto" means: that take place through the Internet or a. A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on public roads, including provided the insured's responsibility to pay any attached machinery or equipment; or damages is determined in a "suit" on the merits in b. Any other land vehicle that is subject to a the territory described in Paragraph a. above, or in a compulsory or financial responsibility law, or settlement we agree to. other motor vehicle insurance law, where it is licensed or principally garaged. 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or However, "auto" does not include "mobile transmitted to or from computer software (including equipment". systems and applications software), hard or floppy 4. "Bodily injury" means: disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment. b. Mental anguish, injury or illness, or emotional 8. "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease. 9. "Executive officer" means a person holding any of 5. "Broadcasting" means transmitting any audio or the officer positions created by your charter, visual material for any purpose: constitution, bylaws or any other similar governing a. By radio or television; or document. it CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved, Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission, COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received. (2) That indemnifies an architect, engineer or • 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was (a) Preparing, approving, or failing to intended to be. prepare or approve, maps, shop 12. "Impaired property" means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage; b. You have failed to fulfill the terms of a contract or or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the engineer or surveyor, assumes liability for repair, replacement, adjustment or removal of "your an injury or damage arising out of the product" or"your work" or your fulfilling the terms of insured's rendering or failure to render the contract or agreement. professional services, including those listed in Paragraph (2) above and supervisory, 13. "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract"; to the conduct of your business. "Leased worker" b. A sidetrack agreement; does not include a "temporary worker". c. Any easement or license agreement, except in 15. "Loading or unloading" means the handling of connection with construction or demolition property: operations on or within 50 feet of a railroad; a. After it is moved from the place where it is d. An obligation, as required by ordinance, to accepted for movement into or onto an aircraft, indemnify a municipality, except in connection watercraft or"auto"; with work for a municipality; b. While it is in or on an aircraft, watercraft or e. An elevator maintenance agreement; "auto"; or f. That part of any other contract or agreement c. While it is being moved from an aircraft, pertaining to your business (including an watercraft or "auto" to the place where it is indemnification of a municipality in connection finally delivered; with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury", "property device, other than a hand truck, that is not attached damage" or "personal injury" to a third person to the aircraft, watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment" means any of the following that would be imposed by law in the absence of types of land vehicles, including any attached any contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads; injury' or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; Page 18 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the (1) Power cranes, shovels, loaders, diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury' means "personal equipment such as graders, scrapers or injury' or"advertising injury". rollers; 19. "Personal injury": e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury', maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest, detention or imprisonment; (1) Air compressors, pumps and generators, including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting (3) The wrongful eviction from, wrongful entry and well servicing equipment; or into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction, wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or premises; However, self-propelled vehicles with the following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered "autos": that slanders or libels a person or (1) Equipment designed primarily for: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim is made or the"suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled, or (c) Street cleaning; that claims to have had its goods, products (2) Cherry pickers and similar devices or services disparaged; or mounted on automobile or truck chassis (5) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material (3) Air compressors, pumps and generators, that: including spraying, welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. However, "mobile equipment" does not include any (b) Unreasonably places a person in a land vehicle that is subject to a compulsory or false light. financial responsibility law, or other motor vehicle b. Includes "bodily injury" caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 20. "Pollutants" mean any solid, liquid, gaseous or 17. "Occurrence" means: thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed. CG T1 00 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage" to completed. any premises while rented to you for a period of more than seven consecutive days, or while b. Does not include "bodily injury' or "property temporarily occupied by you with permission of damage" arising out of: the owner, caused by: (1) The transportation of property, unless the (1) Fire; injury or damage arises out of a condition in or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the (3) Lightning; "loading or unloading" of that vehicle by any (4) Smoke resulting from fire, explosion or insured; lightning; or (2) The existence of tools, uninstalled (5) Water. equipment or abandoned or unused materials; or But "premises damage" under this Paragraph b. does not include "property damage" to any (3) Products or operations for which the premises caused by: classification, listed in the Declarations or in a policy Schedule, states that products- (1) Rupture, bursting, or operation of pressure completed operations are subject to the relief devices; General Aggregate Limit. (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or structure caused by or resulting from water; a. Physical injury to tangible property, including all or resulting loss of use of that property. All such loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. b. Loss of use of tangible property that is not 22. "Products-completed operations hazard": physically injured. All such loss of use will be a. Includes all "bodily injury" and "property deemed to occur at the time of the "occurrence" damage" occurring away from premises you that caused it. own or rent and arising out of"your product" or For the purposes of this insurance, "electronic data" "your work" except: is not tangible property. (1) Products that are still in your physical 24. "Slogan": possession; or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you; (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been completed if your person or organization, other than you. Page 20 of 21 ©2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily injury', "property damage" or (b) Others trading under your name; or "personal and advertising injury' to which this insurance applies are alleged. "Suit" includes: (c) A person or organization whose business or assets you have acquired; a. An arbitration proceeding in which such and damages are claimed and to which the insured (2) Containers (other than vehicles), materials, must submit or does submit with our consent; parts or equipment furnished in connection or with such goods or products. b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, durability, performance or use of "your 26. "Temporary worker" means a person who is product"; and furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or instructions. 27. "Title" means a name of a literary or artistic work. c. Does not include vending machines or other property rented to or located for the use of 28. "Unsolicited communication" means any others but not sold. communication, in any form, that the recipient of such communication did not specifically request to 31. "Your work receive. a. Means: 29. "Volunteer worker" means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of (2) Materials, parts or equipment furnished in duties determined by you, and is not paid a fee, connection with such work or operations. salary or other compensation by you or anyone else for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any time with respect to the fitness, quality, a. Means: durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, sold, handled, (2) The providing of or failure to provide distributed or disposed of by: warnings or instructions. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: UB1L1177941925K WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED IN A WRITTEN CONTRACT EXCEUTED PRIOR TO LOSS TO PROVIDE THIS WAIVER. DATE OF ISSUE: - - ST ASSIGN: ZURICH Zurich American Insurance Company (A stock company herein called the Company) 1400 American Lane;Schaumburg,Illinois 60196-1056 PROJECT CERTIFICATE CERTIFICATE PERIOD Jun 15,2020 to Dec 14,2021 CERTIFICATE# CRT 0769392-00 This Certificate follows the terms and conditions of ZURICH AMERICAN INSURANCE COMPANY Policy Number: MBR 0182645-04 stated herein. NAMED Ames Construction Inc. AOP PREMIUM $ 73,447 ANNUAL RATE INSURED 2000 Ames Drive TERRORISM PREMIUM $ 1,597 (monthly rate for Named Burnsville,MN 55306 TOTAL PREMIUM $ 75,044 SURCH.&ASSESSMENTS $ 0 Storms) Builder's Risk 0.2555 /$100 ADDITIONAL Per Contract Delay In Completion NCP /$100 INSUREDS Earthquake 0.1500 /$100 (include address) Flood 0.0800 /$100 Named Storms 0.0000 /$100 Terrorism LOSS PAYEE Per Contract (include address) MORTGAGEE Per Contract (include address) PROJECT Cathedral Canyon Road-site map on file Cathedral City,CA 92234 LOCATION (include address) DESCRIPTION Construct CIP Post tension bridge over existing low flow (Structural type, channel lining size,material type, occupancy,etc.) (If renovation or rehab,be specific) CERTIFICATE NUMBER: CRT 0769392-00 Estimated TOTAL PROJECT VALUE* Declared at Policy Inception a. Total value of all Covered Property, LANDSCAPING MATERIALS*, all labor costs that will be $ 19,176,882 expended in the INSURED PROJECT*, site general conditions, construction management fees, and contractor's profit and overhead; plus b. Total value of all Covered Property not declared in a. above supplied by the project owner(s) $ 0 or other(s), for which the insured has assumed responsibility and that will become part of the INSURED PROJECT*; plus c. Value of existing property to be insured (Limited) $ 0 d. Estimated TOTAL PROJECT VALUE* Declared at Policy Inception (a., b., and c., $ 19,176,882 combined) STANDARD COVERAGE TERMS (Coverage shall only apply under this Certificate to those individual Limits,Sub-limits and Aggregate Limits for which a value is entered below) LIMIT OF LIABILITY $ 19,176,882 Any One OCCURRENCE* During The Certificate Period SUB-LIMITS OF $ 19,176,882 Physical Damage To Insured Property LIABILITY $ NCP Delay In Completion (See coverage items below for specific sublimits) (Sublimits per $ 10,000,000 Physical Damage To Covered Property In Transit-Any One Conveyance OCCURRENCE*except $ 10,000,000 Physical Damage To Covered Property In Offsite Storage-Any One Location Delay In Completion as $ 10,000 Maximum any one item—Trees, Plants, and Shrubs Certificate Aggregate) $ 500,000 Architects and Engineers Fees $ 2,500,000 Or 25%of the amount of insured physical loss of or damage to Covered Property whichever is less,for Expediting Expense and Extra Expense, combined 1,000,000 Physical loss of or damage to plans, blueprints, drawings, renderings, specifications or other $ contract documents and models $ 250,000 Fire Department Service Charges $ 100,000 Fire Protective Equipment Refills $ 10,000,000 Or 25%of the amount of insured physical loss of or damage to Covered Property whichever is less-Debris Removal $ 1,000,000 Emergency Property Protection Expense-during the Certificate Term $ 100,000 Claims Preparation Costs $ 2,500,000 Ordinance or Law/Demolition& Increased Cost of Construction ANNUAL $ 10,000,000 By The Peril of EARTHQUAKE* AGGREGATES (Aggregate limits apply to $ 10,000,000 By The Peril of FLOOD* each annual period within this Certificate beginning on the Certificate inception $ 19,176,882 By The Peril of NAMED STORM* date) $ 19,176,882 By The Peril of WATER DAMAGE* DEDUCTIBLES $ 50,000 Physical Damage, Except (Deductibles apply per $ NCP Damage to Existing Structure OCCURRENCE*) $ 100,000 WATER DAMAGE* (When%is entered,the% $ 250,000 5% EARTHQUAKE* is applied against the total insured physical damage $ 50,000 % NAMED STORMS* values at risk at the time and $ 100,000 2.5% FLOOD* place of loss subject to the $ NCP HOT TESTING* HOT TESTING PERIOD TERMS (If an X is entered in the coverage block on page one the following must be provided) HOT TESTING PERIOD: NCP Days Page 2 of 3 CERTIFICATE NUMBER: CRT 0769392-00 DELAY IN COMPLETION COVERAGE TERMS (Coverage for Delay In Completion shall only apply under this Certificate when this section is completed in its entirety) NAMED INSURED& NCP BUSINESS ADDRESS PERIOD OF INDEMNITY* 547 Calendar Days ANTICIPATION DATE OF COMPLETION 12/14/2021 30 Days, unless otherwise shown below: DEDUCTIBLE PERIOD* 30 Days-As respects Soft Costs/ Additional Expense N/A Days-As respects peril(s)of AGGREGATE LIMIT OF LIABILITY Subject to the individual Aggregate Sub-limits shown below,the maximum Limit of Liability for which the $ NCP Company shall be liable in the aggregate under this Coverage shall not exceed: CERTIFICATE AGGREGATE a. $ NCP Loss of Gross Earnings SUB-LIMITS OF LIABILITY b. $ NCP Loss of Rental Income c. $ NCP Additional Interest/ Financing Expense d. $ NCP Soft Costs/Additional Expense When a Certificate Aggregate Legal/Accounting Fees $ NCP Sub-limit is entered for Soft Design Professional Fees $ NCP Costs I Additional Expense Realty Taxes/Ground Rents $ NCP above,coverage shall be further limited to the individual Insurance Premiums $ NCP Certificate Aggregate Sub- Project Administration Expense $ NCP limits entered to the right. Advertising Expense $ NCP Commission Expense $ NCP OTHER COVERAGE TERMS / CONDITIONS Page 3 of 3 THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER ANY POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE* Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA: $1,597 *Any information required to complete this Schedule, if not shown above,will be shown in the quote or proposal. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act("TRIA"),as amended,we are required to provide you with a notice disclosing the portion of your premium, if any,attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA.That portion of premium attributable is shown in the Schedule above.The premium shown in the Schedule above is subject to adjustment upon premium audit, if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism.The federal share will decrease by 5%from 85%to 80%over a five year period while the insurer share increases by the same amount during the same period.The schedule below illustrates the decrease in the federal share: Januaryl,2015—December 31,2015 federal share:85% Januaryl,2016—December 31,2016 federal share:84% Januaryl,2017—December 31, 2017 federal share:83% Januaryl,2018—December 31,2018 federal share:82% Januaryl,2019—December 31,2019 federal share:81% Januaryl,2020—December 31,2020 federal share:80% C. Disclosure of$100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed$100 billion in a calendar year(January 1 through December 31)and an insurer has met its deductible under the program,that insurer shal not be liable for the payment of any portion of the amount of such losses that exceeds$100 billion,and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA,we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms,amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act("TRIA"),to be an act of terrorism.The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism: 1.To be an act of terrorism; 2.To be a violent act or an act that is dangerous to human life, property or infrastructure; 3.To have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of Title 49, United States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4.To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an"act of terrorism"if the act is committed as part of the course of a war declared by Congress(except for workers'compensation)or if losses resulting from the act, in the aggregate for insurance subject to TRIA,do not exceed$5,000,000.