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SECTION 1300
CONTRACT
THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY,a municipal corporation,herein referred to
as"City,and Elecnor Belco Electric,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.B20-
OlE, TRAFFIC SIGNAL IMPROVEMENTS (HSIPL CYCLE 8), CITY PROJECT NO. 6514, FEDERAL AID
PROJECT NO.HSIPL-5430(033),(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 June 11, 2020, 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 July 9, 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 200 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$1,368,629.00. 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
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
Agreement 1300-1
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 finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment
practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such
breach committed under this Contract.
12. Contractor also agrees that for contracts in excess of$30,000 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.beta.sam.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 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.
Agreement 1300-2
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
By; l_�f-- Dated:
Charles P.McClendon,City Manager
ATTEST:
.1 I A ._ / _j A A, G; Dated: bl 22-222(
racey R. ?rtinez, ity Clerk
APPROVED AS TO FORM:
Dated: 07- ZZ- ZGZ
Eric S.Va' ,City Attorney
"CONTRACTOR"
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED
LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.]
EXHIBIT A TO SECTION 1310
Agreement 1300-3
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
al 13 I
- Dated: h7 L2 7621)
Charles P.McClendon,City Manager
ATTEST:
- Dated: V I L2'2.)Z()
racey R.M Inez,Ci Clerk
APPROVED AS TO FORM:_
Dated: 07— ZZ- 7o Z O
Eric S.Vail,City Attorney
"CONTRACTOR"
ELECNOR BELCO ELECTRIC,INC.
8/5/20 AT."'
Dated: By:
Name: Alberto Garda
Title: p - is- . •
Dated: 8/5/20 By:
Name. j j r"illa
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED
LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.]
EXHIBIT A TO SECTION 1310
Agreement 1300-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 8/13/20 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Alberto Garcia and Jeroni Gervilla
who proved to me on the basis of satisfactory evidence to be the person s3whose
names is re subscribed to the within instrument and acknowledged to me that
he/she 4e/executed the same in his/heriuthorized capacity(:), and that by
his/hero 'p signature® on the instrument the persors , or the entity upon behalf of
which the person s( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
.- REBECCA WILKS
WITNESS my hand and official seal. ; Notary Public•California
` v San Bernardino County
Commission 2300424
VL1AA)
My Comm.Expires A,:g 5,2023
Notary Public Signature (Notary Public Seal)
•
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
Thi.s_form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed,for documents being.sera to that state so long
Cathedral City Contract Agreement as the wording does not require the Calilin7tia notary to violate California notary
law.
(Title or description of attached document) • State and County information must he the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must he the date that the signers)personally appeared which
(Title or description of attached document continued) ,nust also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/They,is/ere)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
I] Corporate Officer • The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s)
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
4v'r+rw.Notarye lasses.co>.n 800-873-0865 • Securely attach this document to the signed document with a staple.
APPLICABLE WAGE RATES
"General Decision Number: CA20200025 05/29/2020
Superseded General Decision Number: CA20190025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
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
2 01/24/2020
3 01/31/2020
4 03/06/2020
5 04/17/2020
6 05/15/2020
7 05/29/2020
ASBE0005-002 09/01/2019
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) $ 43.77 22.48
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
Agreement 1300-4
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 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER $ 41.48 18.63
*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
(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
Agreement 1300-5
(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 12/30/2019
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN $ 43.89 3%+23.33
INTELLIGENT TRANSPORTATION
SYSTEMS
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 01/01/2020
Agreement 1300-6
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer $ 58.09 19.74
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below) , overhead &
underground distribution
line equipment) $ 46.40 18.55
(3) Groundman $ 35.47 18.17
(4) Powderman $ 51.87 18.79
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 01/01/2020
Rates Fringes
ELEVATOR MECHANIC $ 57.40 34.765+a+b
FOOTNOTE:
a. 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.
b. 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
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
Agreement 1300-7
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
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
Agreement 13004
truck) ; Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel) ; Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting) ; Screed operator
(asphalt or concrete) ; Trenching machine operator (up to 6
ft.) ; Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) .
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type) ; Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type) ; Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum) ; Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed) , Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt) ; Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar) ; Micro tunnel system
(below ground) ; Pavement breaker operator (truck mounted) ;
Road oil mixing machine operator; Roller operator (asphalt
or finish) , rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck) ; Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.) ; Slip form pump operator (power
driven hydraulic lifting device for concrete forms) ;
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types) ; Tugger hoist operator (1
drum) ; Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing) ; Asphalt paving machine operator (Barber Greene
or similar type) ; Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.) , small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work) ; Compactor operator (self-propelled) ; Concrete mixer
operator (paving) ; Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum) ; Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types) ; Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type) ;
Pumperete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type) ; Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck) ; Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck) ;
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit) ; Self-
Agreement 1300-9
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.) ; Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine) ; Tractor operator (boom attachments) , Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating) ; trenching Machine with Road Miner
attachment (over 6 ft depth capacity) : Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum) ; Dual drum mixer,
dynamic compactor LDC350 (or similar types) ; Monorail
locomotive operator (diesel, gas or electric) ; Motor
patrol-blade operator (single engine) ; Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.) ; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck) ; Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck) ; Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck) , Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds. ) ; Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum) ; Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine) ;
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck) ; Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional) ;
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck) ; Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
Agreement 1300-10
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck) ; Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck) ;
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types) ;
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck) ; Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
Agreement 1300-11
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
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
Agreement 1300-12
operator (over 300 tons) ; Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons) ;
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck) ;
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms) ; Tugger hoist operator (1 drum) ;
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.) ;
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types) ;
Mucking machine operator (1/4 yd. , rubber-tired, rail or
track type) ; Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type) ; Pneumatic heading
shield (tunnel) ; Pumperete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum) ;
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of Tls, SBM (Riverside County Line) to SW corner of
Agreement 1300-13
T15, 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
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
Agreement 1300-14
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
$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
Agreement 1300-15
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
Bosu'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
LABO1184-001 07/01/2019
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer $ 36.70 15.05
(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
Agreement 1300-16
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
LAB01184-002 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
GROUP 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
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
Agreement 1300-17
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, layk old
,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing) ;
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types) ; Concrete
core cutter (walls, floors or ceilings) , grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person) , water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside) ; Swamper (brake person and
switch person on tunnel work) ; Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller) ; Bull gang mucker, track person;
Concrete crew, including rodder and spreader
Agreement 1300-18
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
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 07/01/2019
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) $ 28.59 15.97
(2) All Other Work $ 32.12 16.09
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 10/01/2019
Rates Fringes
DRYWALL FINISHER/TAPER $ 42.18 19.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER $ 43.45 23.39
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
Agreement 1300-19
PLASTERER $ 43.73 16.03
PLAS0500-002 07/01/2019
Rates Fringes
CEMENT MASON/CONCRETE FINISHER $ 37.00 25.53
* PLUM0016-001 09/01/2019
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space $ 49.83 22.68
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work $ 38.05 21.01
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work $ 51.38 23.66
* PLUM0345-001 09/01/2019
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 34.40 23.05
Sewer & Storm Drain Work $ 38.49 20.43
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 04/01/2020
Rates Fringes
SPRINKLER FITTER $ 39.83 25.71
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
Agreement 1300-20
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work $ 45.78 28.96
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort $ 45.78 28.96
TEAM0011-002 07/01/2019
Rates Fringes
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
GROUP 7 $ 32.37 29.59
GROUP 8 $ 32.62 29.59
GROUP 9 $ 32.82 29.59
GROUP 10 $ 33.12 29.59
GROUP 11 $ 33.62 29.59
GROUP 12 $ 34.05 29.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[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]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person) ; Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
Agreement 1300-21
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) .
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:
Agreement 1300-22
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e. , Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 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
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
Agreement 1300-23
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 1300-24
EXHIBIT B TO SECTION 1300
FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General II. NONDISCRIMINATION
II. Nondiscrimination
III. Nonsegregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable to
IV. Davis-Bacon and Related Act Provisions all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
VI. Subletting or Assigning the Contract not applicable to material supply, engineering, or architectural service
VII. Safety:Accident Prevention contracts.
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control In addition, the contractor and all subcontractors must comply with the
Act following policies:Executive Order 11246,41 CFR 60,29 CFR 1625-1627,
X. Compliance with Governmentwide Suspension and Debarment Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29
Requirements USC 794),Title VI of the Civil Rights Act of 1964,as amended,and related
Xl. Certification Regarding Use of Contract Funds for Lobbying regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,
230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the requirements
A. Employment and Materials Preference for Appalachian Development of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all
Highway System or Appalachian Local Access Road Contracts(included construction contracts exceeding $10,000, the Standard Federal Equal
in Appalachian contracts only) Employment Opportunity Construction Contract Specifications in 41 CFR
60-4.3.
I. GENERAL
Note:The U.S.Department of Labor has exclusive authority to determine
1. Form FHWA-1273 must be physically incorporated in each construction compliance with Executive Order 11246 and the policies of the Secretary
contract funded under Title 23 (excluding emergency contracts solely of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting
intended for debris removal). The contractor(or subcontractor)must insert agency and the FHWA have the authority and the responsibility to ensure
this form in each subcontract and further require its inclusion in all lower compliance with Title 23 USC Section 140,the Rehabilitation Act of 1973,
tier subcontracts(excluding purchase orders,rental agreements and other as amended(29 USC 794),and Title VI of the Civil Rights Act of 1964,as
agreements for supplies or services). amended,and related regulations including 49 CFR Parts 21,26 and 27;
and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or The following provision is adopted from 23 CFR 230, Appendix A, with
agreement for other services. The prime contractor shall be responsible appropriate revisions to conform to the U.S. Department of Labor (US
for compliance by any subcontractor, lower-tier subcontractor or service DOL)and FHWA requirements.
provider.
1. Equal Employment Opportunity: Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affirmative action to
contracts, in all subcontracts and in lower tier subcontracts (excluding assure equal opportunity as set forth under laws,executive orders,rules,
subcontracts for design services,purchase orders,rental agreements and regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60
other agreements for supplies or services). The design-builder shall be and 49 CFR 27)and orders of the Secretary of Labor as modified by the
responsible for compliance by any subcontractor,lower-tier subcontractor provisions prescribed herein,and imposed pursuant to 23 U.S.C.140 shall
or service provider. constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The provisions of the
Contracting agencies may reference Form FHWA-1273 in bid proposal or Americans with Disabilities Act of 1990(42 U.S.C.12101 et seq.)set forth
request for proposal documents,however,the Form FHWA-1273 must be under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
physically incorporated(not referenced)in all contracts,subcontracts and contract.In the execution of this contract,the contractor agrees to comply
lower-tier subcontracts (excluding purchase orders, rental agreements with the following minimum specific requirement activities of EEO:
and other agreements for supplies or services related to a construction
contract). a.The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to provide
2. Subject to the applicability criteria noted in the following sections,these equal opportunity with respect to all of its terms and conditions of
contract provisions shall apply to all work performed on the contract by the employment and in their review of activities under the contract.
contractor's own organization and with the assistance of workers under
the contractor's immediate superintendence and to all work performed on b. The contractor will accept as its operating policy the following
the contract by piecework,station work,or by subcontract. statement:
3. A breach of any of the stipulations contained in these Required "It is the policy of this Company to assure that applicants are
Contract Provisions may be sufficient grounds for withholding of progress employed,and that employees are treated during employment,without
payments, withholding of final payment, termination of the contract, regard to their race,religion,sex,color,national origin,age or disability.
suspension/debarment or any other action determined to be appropriate Such action shall include: employment, upgrading, demotion, or
by the contracting agency and FHWA. transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation;and selection for training,
4. Selection of Labor: During the performance of this contract, the including apprenticeship, pre-apprenticeship, and/or on-the-job
contractor shall not use convict labor for any purpose within the limits of a training."
construction project on a Federal-aid highway unless it is labor performed
by convicts who are on parole,supervised release,or probation. The term 2. EEO Officer: The contractor will designate and make known to the
Federal-aid highway does not include roadways functionally classified as contracting officers an EEO Officer who will have the responsibility for and
local roads or rural minor collectors. must be capable of effectively administering and promoting an active
EEO program and who must be assigned adequate authority and
Agreement 1300-25
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 actions
who are authorized to hire, supervise, promote, and discharge in depth to determine whether there is evidence of discrimination.
employees,or who recommend such action,or who are substantially Where evidence is found,the contractor will promptly take corrective
involved in such action, will be made fully cognizant of, and will action. If the review indicates that the discrimination may extend
implement, the contractor's EEO policy and contractual beyond the actions reviewed, such corrective action shall include all
responsibilities to provide EEO in each grade and classification of 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 obligations
a. Periodic meetings of supervisory and personnel office under this contract,will attempt to resolve such complaints, and will
employees will be conducted before the start of work and then not take appropriate corrective action within a reasonable time. If the
less often than once every six months,at which time the contractor's investigation indicates that the discrimination may affect persons
EEO policy and its implementation will be reviewed and explained. other than the complainant,such corrective action shall include such
The meetings will be conducted by the EEO Officer. other persons. Upon completion of each investigation,the contractor
will inform every complainant of all of their avenues of appeal.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major 6.Training and Promotion:
aspects of the contractor's EEO obligations within thirty days following
their reporting for duty with the contractor. a. The contractor will assist in locating,qualifying, and increasing
the skills of minorities and women who are applicants for employment
c. All personnel who are engaged in direct recruitment for the or current employees. Such efforts should be aimed at developing
project will be instructed by the EEO Officer in the contractor's full journey level status employees in the type of trade or job
procedures for locating and hiring minorities and women. classification involved.
d. Notices and posters setting forth the contractor's EEO policy will b. Consistent with the contractor's work force requirements and as
be placed in areas readily accessible to employees, applicants for permissible under Federal and State regulations,the contractor shall
employment and potential employees. make full use of training programs, i.e., apprenticeship, and on-the-
job training programs for the geographical area of contract
e. The contractor's EEO policy and the procedures to implement performance. In the event a special provision for training is provided
such policy will be brought to the attention of employees by means of under this contract,this subparagraph will be superseded as indicated
meetings,employee handbooks,or other appropriate means. in the special provision. The contracting agency may reserve training
positions for persons who receive welfare assistance in accordance
4. Recruitment:When advertising for employees,the contractor will with 23 U.S.C. 140(a).
include in all advertisements for employees the notation: "An Equal
Opportunity Employer." All such advertisements will be placed in c. The contractor will advise employees and applicants for
publications having a large circulation among minorities and women employment of available training programs and entrance
in the area from which the project work force would normally be requirements for each.
derived.
d. The contractor will periodically review the training and promotion
a. The contractor will, unless precluded by a valid bargaining potential of employees who are minorities and women and will
agreement,conduct systematic and direct recruitment through public encourage eligible employees to apply for such training and
and private employee referral sources likely to yield qualified promotion.
minorities and women. To meet this requirement, the contractor will
identify sources of potential minority group employees,and establish 7. Unions: If the contractor relies in whole or in part upon unions as
with such identified sources procedures whereby minority and women a source of employees, the contractor will use good faith efforts to
applicants may be referred to the contractor for employment obtain the cooperation of such unions to increase opportunities for
consideration. minorities and women. Actions by the contractor, either directly or
through a contractor's association acting as agent, will include the
b. In the event the contractor has a valid bargaining agreement procedures set forth below:
providing for exclusive hiring hall referrals,the contractor is expected
to observe the provisions of that agreement to the extent that the a. The contractor will use good faith efforts to develop, in
system meets the contractor's compliance with EEO contract cooperation with the unions, joint training programs aimed toward
provisions. Where implementation of such an agreement has the qualifying more minorities and women for membership in the unions
effect of discriminating against minorities or women,or obligates the and increasing the skills of minorities and women so that they may
contractor to do the same, such implementation violates Federal qualify for higher paying employment.
nondiscrimination provisions.
b. The contractor will use good faith efforts to incorporate an EEO
c. The contractor will encourage its present employees to refer clause into each union agreement to the end that such union will be
minorities and women as applicants for employment. Information and contractually bound to refer applicants without regard to their race,
procedures with regard to referring such applicants will be discussed color,religion,sex,national origin,age or disability.
with employees.
c. The contractor is to obtain information as to the referral practices
5. Personnel Actions: Wages, working conditions, and employee and policies of the labor union except that to the extent such
benefits shall be established and administered,and personnel actions information is within the exclusive possession of the labor union and
of every type, including hiring, upgrading, promotion, transfer, such labor union refuses to furnish such information to the contractor,
demotion, layoff, and termination, shall be taken without regard to the contractor shall so certify to the contracting agency and shall set
race, color, religion, sex, national origin, age or disability. The forth what efforts have been made to obtain such information.
following procedures shall be followed:
d. In the event the union is unable to provide the contractor with a
a. The contractor will conduct periodic inspections of project sites reasonable flow of referrals within the time limit set forth in the
to insure that working conditions and employee facilities do not collective bargaining agreement, the contractor will, through
indicate discriminatory treatment of project site personnel. independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age or
b. The contractor will periodically evaluate the spread of wages disability; making full efforts to obtain qualified and/or qualifiable
paid within each classification to determine any evidence of minorities and women. The failure of a union to provide sufficient
Agreement 1300-26
referrals (even though it is obligated to provide exclusive referrals This provision is applicable to all Federal-aid construction contracts
under the terms of a collective bargaining agreement)does not relieve and to all related construction subcontracts of$10,000 or more.
the contractor from the requirements of this paragraph. In the event
the union referral practice prevents the contractor from meeting the The contractor must ensure that facilities provided for employees are
obligations pursuant to Executive Order 11246, as amended, and provided in such a manner that segregation on the basis of race,
these special provisions,such contractor shall immediately notify the color, religion, sex, or national origin cannot result. The contractor
contracting agency. may neither require such segregated use by written or oral policies
nor tolerate such use by employee custom. The contractor's
8. Reasonable Accommodation for Applicants I Employees with obligation extends further to ensure that its employees are not
Disabilities: The contractor must be familiar with the requirements assigned to perform their services at any location, under the
for and comply with the Americans with Disabilities Act and all rules contractor's control, where the facilities are segregated. The term
and regulations established there under. Employers must provide "facilities"includes waiting rooms,work areas, restaurants and other
reasonable accommodation in all employment activities unless to do eating areas,time clocks, restrooms,washrooms, locker rooms,and
so would cause an undue hardship. other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
9. Selection of Subcontractors, Procurement of Materials and provided for employees. The contractor shall provide separate or
Leasing of Equipment:The contractor shall not discriminate on the single-user restrooms and necessary dressing or sleeping areas to
grounds of race, color, religion, sex, national origin, age or disability assure privacy between sexes.
in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor IV. DAVIS-BACON AND RELATED ACT PROVISIONS
shall take all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract. This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
a. The contractor shall notify all potential subcontractors and subcontracts (regardless of subcontract size). The requirements
suppliers and lessors of their EEO obligations under this contract. apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
b. The contractor will use good faith efforts to ensure subcontractor roadways functionally classified as local roads or rural minor
compliance with their EEO obligations. collectors, which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
10. Assurance Required by 49 CFR 26.13(b): The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5"Contract provisions and related matters"
a. The requirements of 49 CFR Part 26 and the State DOT's U.S. with minor revisions to conform to the FHWA-1273 format and FHWA
DOT-approved DBE program are incorporated by reference. program requirements.
b. The contractor or subcontractor shall not discriminate on the 1. Minimum wages
basis of race,color, national origin,or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 a. All laborers and mechanics employed or working upon the site
CFR Part 26 in the award and administration of DOT-assisted of the work,will be paid unconditionally and not less often than once
contracts. Failure by the contractor to carry out these requirements a week,and without subsequent deduction or rebate on any account
is a material breach of this contract, which may result in the (except such payroll deductions as are permitted by regulations
termination of this contract or such other remedy as the contracting issued by the Secretary of Labor under the Copeland Act (29 CFR
agency deems appropriate. part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof)due at time of payment computed at rates
11. Records and Reports: The contractor shall keep such records not less than those contained in the wage determination of the
as necessary to document compliance with the EEO requirements. Secretary of Labor which is attached hereto and made a part hereof,
Such records shall be retained for a period of three years following regardless of any contractual relationship which may be alleged to
the date of the final payment to the contractor for all contract work and exist between the contractor and such laborers and mechanics.
shall be available at reasonable times and places for inspection by
authorized representatives of the contracting agency and the FHWA. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf
a. The records kept by the contractor shall document the following: of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph 1.d. of this
(1) The number and work hours of minority and non-minority section; also, regular contributions made or costs incurred for more
group members and women employed in each work classification than a weekly period (but not less often than quarterly)under plans,
on the project; funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly
(2) The progress and efforts being made in cooperation with period. Such laborers and mechanics shall be paid the appropriate
unions,when applicable,to increase employment opportunities for wage rate and fringe benefits on the wage determination for the
minorities and women;and classification of work actually performed, without regard to skill,
except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
(3) The progress and efforts being made in locating, hiring, performing work in more than one classification may be compensated
training,qualifying,and upgrading minorities and women; at the rate specified for each classification for the time actually worked
therein: Provided,That the employer's payroll records accurately set
b. The contractors and subcontractors will submit an annual report forth the time spent in each classification in which work is performed.
to the contracting agency each July for the duration of the project, The wage determination (including any additional classification and
indicating the number of minority, women, and non-minority group wage rates conformed under paragraph 1.b. of this section)and the
employees currently engaged in each work classification required by Davis-Bacon poster (WH-1321) shall be posted at all times by the
the contract work. This information is to be reported on Form FHWA- contractor and its subcontractors at the site of the work in a prominent
1391. The staffing data should represent the project work force on and accessible place where it can be easily seen by the workers.
board in all or any part of the last payroll period preceding the end of
July. If on-the-job training is being required by special provision,the b. (1)The contracting officer shall require that any class of laborers
contractor will be required to collect and report training data. The or mechanics, including helpers, which is not listed in the wage
employment data should reflect the work force on board during all or determination and which is to be employed under the contract shall
any part of the last payroll period preceding the end of July. be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage
III.NONSEGREGATED FACILITIES rate and fringe benefits therefore only when the following criteria have
been met:
Agreement 1300-27
3. Payrolls and basic records
(i)The work to be performed by the classification requested is
not performed by a classification in the wage determination;and a. Payrolls and basic records relating thereto shall be maintained
(ii)The classification is utilized in the area by the construction by the contractor during the course of the work and preserved for a
industry;and period of three years thereafter for all laborers and mechanics
working at the site of the work.Such records shall contain the name,
The proposed wage includingbona fide fringe address, and social security number of each such worker, his or her
(Hi) g rate, any correct classification, hourly rates of wages paid (including rates of
benefits, bears a reasonable relationship to the wage rates contributions or costs anticipated for bona fide fringe benefits or cash
contained in the wage determination. equivalents thereof of the types described in section 1(b)(2)(B)of the
(2) If the contractor and the laborers and mechanics to be Davis-Bacon Act), daily and weekly number of hours worked,
employed in the classification (if known), or their representatives, deductions made and actual wages paid.Whenever the Secretary of
and the contracting officer agree on the classification and wage rate Labor has found under 29 CFR 5.5(a)(1)(io that the wages of any
(including the amount designated for fringe benefits where laborer or mechanic include the amount of any costs reasonably
appropriate), a report of the action taken shall be sent by the anticipated in providing benefits under a plan or program described in
contracting officer to the Administrator of the Wage and Hour section 1(b)(2)(B) of the Davis Bacon Act, the contractor shall
Division, Employment Standards Administration, U.S. Department maintain records which show that the commitment to provide such
of Labor, Washington, DC 20210. The Administrator, or an benefits is enforceable, that the plan or program is financially
authorized representative,will approve,modify,or disapprove every responsible,and that the plan or program has been communicated in
additional classification action within 30 days of receipt and so writing to the laborers or mechanics affected,and records which show
advise the contracting officer or will notify the contracting officer the costs anticipated or the actual cost incurred in providing such
within the 30 day period that additional time is necessary. benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration
(3) In the event the contractor, the laborers or mechanics to be of apprenticeship programs and certification of trainee programs,the
employed in the classification or their representatives, and the registration of the apprentices and trainees,and the ratios and wage
contracting officer do not agree on the proposed classification and rates prescribed in the applicable programs.
wage rate (including the amount designated for fringe benefits, b. (1)The contractor shall submit weekly for each week in which
where appropriate),the contracting officer shall refer the questions, any contract work is performed a copy of all payrolls to the contracting
including the views of all interested parties and the recommendation agency. The payrolls submitted shall set out accurately and
of the contracting officer, to the Wage and Hour Administrator for completely all of the information required to be maintained under 29
determination.The Wage and Hour Administrator,or an authorized CFR 5.5(a)(3)(i), except that full social security numbers and home
representative, will issue a determination within 30 days of receipt addresses shalll not be included on weekly transmittals. Instead the
and so advise the contracting officer or will notify the contracting payrolls shall only need to include an individually identifying number
officer within the 30-day period that additional time is necessary. for each employee(e.g. ,the last four digits of the employee's social
security number). The required weekly payroll information may be
(4)The wage rate (including fringe benefits where appropriate) submitted in any form desired.Optional Form WH-347 is available for
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this section, this purpose from the Wage and Hour Division Web site at
shall be paid to all workers performing work in the classification http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
under this contract from the first day on which work is performed in site.The prime contractor is responsible for the submission of copies
the classification. of payrolls by all subcontractors.Contractors and subcontractors shall
maintain the full social security number and current address of each
c.Whenever the minimum wage rate prescribed in the contract for covered worker, and shall provide them upon request to the
a class of laborers or mechanics includes a fringe benefit which is not contracting agency for transmission to the State DOT,the FHWA or
expressed as an hourly rate,the contractor shall either pay the benefit the Wage and Hour Division of the Department of Labor for purposes
as stated in the wage determination or shall pay another bona fide of an investigation or audit of compliance with prevailing wage
fringe benefit or an hourly cash equivalent thereof. requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security
d. If the contractor does not make payments to a trustee or other numbers to the prime contractor for its own records, without weekly
third person,the contractor may consider as part of the wages of any submission to the contracting agency..
laborer or mechanic the amount of any costs reasonably anticipated (2) Each payroll submitted shall be accompanied by a"Statement of
in providing bona fide fringe benefits under a plan or program, Compliance,"signed by the contractor or subcontractor or his or her
Provided, That the Secretary of Labor has found, upon the written agent who pays or supervises the payment of the persons employed
request of the contractor,that the applicable standards of the Davis- under the contract and shall certify the following:
Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program. (i)That the payroll for the payroll period contains the information
required to be provided under §5.5 (a)(3)(ii) of Regulations, 29
2. Withholding CFR part 5,the appropriate information is being maintained under
§5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such
The contracting agency shall upon its own action or upon written information is correct and complete;
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor under this
(H) That each laborer or mechanic (including each helper,
contract, or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis- apprentice, and trainee) employed on the contract during the
Bacon prevailing wage requirements,which is held by the same prime payroll period has been paid the full weekly wages earned,
contractor,so much of the accrued payments or advances as may be without rebate,either directly or indirectly,and that no deductions
considered necessary to pay laborers and mechanics, including have been made either directly or indirectly from the full wages
apprentices,trainees,and helpers,employed by the contractor or any earned, other than permissible deductions as set forth in
subcontractor the full amount of wages required by the contract. In Regulations,29 CFR part 3;
the event of failure to pay any laborer or mechanic, including any
apprentice,trainee,or helper,employed or working on the site of the (iii)That each laborer or mechanic has been paid not less than
work,all or part of the wages required by the contract,the contracting the applicable wage rates and fringe benefits or cash equivalents
agency may,after written notice to the contractor,take such action as for the classification of work performed, as specified in the
may be necessary to cause the suspension of any further payment, applicable wage determination incorporated into the contract.
advance,or guarantee of funds until such violations have ceased.
Agreement 1300-28
(3)The weekly submission of a properly executed certification set b.Trainees(programs of the USDOL).
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" Except as provided in 29 CFR 5.16, trainees will not be permitted to
required by paragraph 3.b.(2)of this section. work at less than the predetermined rate for the work performed
(4)The falsification of any of the above certifications may subject unless they are employed pursuant to and individually registered in a
the contractor or subcontractor to civil or criminal prosecution under program which has received prior approval, evidenced by formal
section 1001 of title 18 and section 231 of title 31 of the United certification by the U.S. Department of Labor, Employment and
States Code. Training Administration.
c.The contractor or subcontractor shall make the records required The ratio of trainees to journeymen on the job site shall not be greater
under paragraph 3.a.of this section available for inspection,copying, than permitted under the plan approved by the Employment and
or transcription by authorized representatives of the contracting Training Administration.
agency,the State DOT,the FHWA, or the Department of Labor,and
shall permit such representatives to interview employees during Every trainee must be paid at not less than the rate specified in the
working hours on the job. If the contractor or subcontractor fails to
submit the required records or to make them available, the FHWA approved program for the trainee's level of progress,expressed as a
may, after written notice to the contractor, the contracting agency or percentage of the journeyman hourly rate specified in the applicable
the State DOT, take such action as may be necessary to cause the wage determination. Trainees shall be paid fringe benefits in
suspension of any further payment, advance,or guarantee of funds. accordance with the provisions of the trainee program. If the trainee
Furthermore,failure to submit the required records upon request or to program does not mention fringe benefits,trainees shall be paid the
make such records available may be grounds for debarment action full amount of fringe benefits listed on the wage determination unless
pursuant to 29 CFR 5.12. the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding
4. Apprentices and trainees journeyman wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any employee listed on
a. Apprentices(programs of the USDOL). the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training
Apprentices will be permitted to work at less than the predetermined Administration shall be paid not less than the applicable wage rate on
rate for the work they performed when they are employed pursuant to the wage determination for the classification of work actually
and individually registered in a bona fide apprenticeship program performed. In addition,any trainee performing work on the job site in
registered with the U.S. Department of Labor, Employment and excess of the ratio permitted under the registered program shall be
Training Administration, Office of Apprenticeship Training, Employer paid not less than the applicable wage rate on the wage determination
and Labor Services, or with a State Apprenticeship Agency for the work actually performed.
recognized by the Office,or if a person is employed in his or her first
90 days of probationary employment as an apprentice in such an In the event the Employment and Training Administration withdraws
apprenticeship program, who is not individually registered in the approval of a training program, the contractor will no longer be
program, but who has been certified by the Office of Apprenticeship permitted to utilize trainees at less than the applicable predetermined
Training, Employer and Labor Services or a State Apprenticeship rate for the work performed until an acceptable program is approved.
Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
c. Equal employment opportunity. The utilization of apprentices,
The allowable ratio of apprentices to journeymen on the job site in trainees and journeymen under this part shall be in conformity with
any craft classification shall not be greater than the ratio permitted to the equal employment opportunity requirements of Executive Order
the contractor as to the entire work force under the registered 11246,as amended,and 29 CFR part 30.
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall d. Apprentices and Trainees(programs of the U.S. DOT).
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 Apprentices and trainees working under apprenticeship and skill
the ratio permitted under the registered program shall be paid not less training programs which have been certified by the Secretary of
than the applicable wage rate on the wage determination for the work Transportation as promoting EEO in connection with Federal-aid
actually performed.Where a contractor is performing construction on highway construction programs are not subject to the requirements of
a project in a locality other than that in which its program is registered, paragraph 4 of this Section IV.The straight time hourly wage rates for
the ratios and wage rates (expressed in percentages of the apprentices and trainees under such programs will be established by
journeyman's hourly rate) specified in the contractor's or the particular programs. The ratio of apprentices and trainees to
subcontractor's registered program shall be observed. journeymen shall not be greater than permitted by the terms of the
particular program.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, 5.Compliance with Copeland Act requirements. The contractor
expressed as a percentage of the journeymen hourly rate specified in shall comply with the requirements of 29 CFR part 3, which are
the applicable wage determination. Apprentices shall be paid fringe incorporated by reference in this contract.
benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits 6.Subcontracts. The contractor or subcontractor shall insert Form
listed on the wage determination for the applicable classification. If FHWA-1273 in any subcontracts and also require the subcontractors
the Administrator determines that a different practice prevails for the to include Form FHWA-1273 in any lower tier subcontracts.The prime
applicable apprentice classification, fringes shall be paid in contractor shall be responsible for the compliance by any
accordance with that determination. subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR 5.5.
In the event the Office of Apprenticeship Training, Employer and
Labor Services,or a State Apprenticeship Agency recognized by the 7. Contract termination: debarment. A breach of the contract
Office, withdraws approval of an apprenticeship program, the clauses in 29 CFR 5.5 may be grounds for termination of the contract,
contractor will no longer be permitted to utilize apprentices at less and for debarment as a contractor and a subcontractor as provided in
than the applicable predetermined rate for the work performed until 29 CFR 5.12.
an acceptable program is approved.
Agreement 1300-29
8.Compliance with Davis-Bacon and Related Act requirements. necessary to satisfy any liabilities of such contractor or subcontractor
All rulings and interpretations of the Davis-Bacon and Related Acts for unpaid wages and liquidated damages as provided in the clause
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by set forth in paragraph(2.)of this section.
reference in this contract.
4.Subcontracts. The contractor or subcontractor shall insert in any
9.Disputes concerning labor standards.Disputes arising out of the subcontracts the clauses set forth in paragraph(1.)through(4.)of this
labor standards provisions of this contract shall not be subject to the section and also a clause requiring the subcontractors to include
general disputes clause of this contract. Such disputes shall be these clauses in any lower tier subcontracts. The prime contractor
resolved in accordance with the procedures of the Department of shall be responsible for compliance by any subcontractor or lower tier
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the subcontractor with the clauses set forth in paragraphs(1.)through(4.)
meaning of this clause include disputes between the contractor (or of this section.
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor,or the employees or their representatives. VI.SUBLETTING OR ASSIGNING THE CONTRACT
10.Certification of eligibility. This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
a. By entering into this contract,the contractor certifies that neither it 1.The contractor shall perform with its own organization contract work
(nor he or she) nor any person or firm who has an interest in the amounting to not less than 30 percent (or a greater percentage if
contractor's firm is a person or firm ineligible to be awarded specified elsewhere in the contract)of the total original contract price,
Government contracts by virtue of section 3(a)of the Davis-Bacon Act excluding any specialty items designated by the contracting agency.
or 29 CFR 5.12(a)(1). Specialty items may be performed by subcontract and the amount of
any such specialty items performed may be deducted from the total
b.No part of this contract shall be subcontracted to any person or firm original contract price before computing the amount of work required
ineligible for award of a Government contract by virtue of section 3(a) to be performed by the contractor's own organization (23 CFR
of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 635.116).
c.The penalty for making false statements is prescribed in the U.S. a. The term "perform work with its own organization" refers to
c. eal Code, 18 U.S.C. false001. workers employed or leased by the prime contractor,and equipment
Cowned or rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT subcontractor or lower tier subcontractor, agents of the prime
contractor,or any other assignees. The term may include payments
for the costs of hiring leased employees from an employee leasing
The following clauses apply to any Federal-aid construction contract firm meeting all relevant Federal and State regulatory requirements.
in an amount in excess of $100,000 and subject to the overtime Leased employees may only be included in this term if the prime
provisions of the Contract Work Hours and Safety Standards Act. contractor meets all of the following conditions:
These clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph, the terms (1) the prime contractor maintains control over
laborers and mechanics include watchmen and guards. the supervision of the day-to-day activities of the leased employees;
(2)the prime contractor remains responsible for the quality of the
1. Overtime requirements. No contractor or subcontractor work of the leased employees;
contracting for any part of the contract work which may require or (3) the prime contractor retains all power to accept or exclude
involve the employment of laborers or mechanics shall require or individual employees from work on the project;and
permit any such laborer or mechanic in any workweek in which he or (4) the prime contractor remains ultimately responsible for the
she is employed on such work to work in excess of forty hours in such payment of predetermined minimum wages, the submission of
workweek unless such laborer or mechanic receives compensation at payrolls,statements of compliance and all other Federal regulatory
a rate not less than one and one-half times the basic rate of pay for requirements.
all hours worked in excess of forty hours in such workweek.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
2. Violation; liability for unpaid wages; liquidated damages. In ordinarily available in the type of contracting organizations qualified
the event of any violation of the clause set forth in paragraph (1.)of and expected to bid or propose on the contract as a whole and in
this section, the contractor and any subcontractor responsible general are to be limited to minor components of the overall contract.
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in 2. The contract amount upon which the requirements set forth in
the case of work done under contract for the District of Columbia or a paragraph(1)of Section VI is computed includes the cost of material
territory,to such District or to such territory),for liquidated damages. and manufactured products which are to be purchased or produced
Such liquidated damages shall be computed with respect to each by the contractor under the contract provisions.
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1.)of this 3. The contractor shall furnish (a) a competent superintendent or
section, in the sum of $10 for each calendar day on which such supervisor who is employed by the firm, has full authority to direct
individual was required or permitted to work in excess of the standard performance of the work in accordance with the contract
workweek of forty hours without payment of the overtime wages requirements, and is in charge of all construction operations
required by the clause set forth in paragraph(1.)of this section. (regardless of who performs the work)and (b)such other of its own
organizational resources(supervision,management,and engineering
3. Withholding for unpaid wages and liquidated damages. The services)as the contracting officer determines is necessary to assure
FHWA or the contacting agency shall upon its own action or upon the performance of the contract.
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld,from any moneys payable on 4. No portion of the contract shall be sublet, assigned or otherwise
account of work performed by the contractor or subcontractor under disposed of except with the written consent of the contracting officer,
any such contract or any other Federal contract with the same prime or authorized representative,and such consent when given shall not
contractor, or any other federally-assisted contract subject to the be construed to relieve the contractor of any responsibility for the
Contract Work Hours and Safety Standards Act,which is held by the fulfillment of the contract. Written consent will be given only after the
same prime contractor, such sums as may be determined to be contracting agency has assured that each subcontract is evidenced
in writing and that it contains all pertinent provisions and requirements
Agreement 1300-30
of the prime contract. the Secretary of Transportation;or
5. The 30% self-performance requirement of paragraph (1) is not Whoever knowingly makes any false statement or false
applicable to design-build contracts; however, contracting agencies representation as to material fact in any statement, certificate, or
may establish their own self-performance requirements. report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
VII.SAFETY:ACCIDENT PREVENTION
Shall be fined under this title or imprisoned not more than 5 years or
This provision is applicable to all Federal-aid construction contracts both."
and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
all applicable Federal,State,and local laws governing safety,health, WATER POLLUTION CONTROL ACT
and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any This provision is applicable to all Federal-aid construction contracts
other needed actions as it determines, or as the contracting officer and to all related subcontracts.
may determine, to be reasonably necessary to protect the life and
health of employees on the job and the safety of the public and to By submission of this bid/proposal or the execution of this contract,or
protect property in connection with the performance of the work subcontract, as appropriate, the bidder, proposer, Federal-aid
covered by the contract. construction contractor, or subcontractor, as appropriate, will be
deemed to have stipulated as follows:
2. It is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to this 1. That any person who is or will be utilized in the performance of
contract, that the contractor and any subcontractor shall not permit this contract is not prohibited from receiving an award due to a
any employee,in performance of the contract,to work in surroundings violation of Section 508 of the Clean Water Act or Section 306 of the
or under conditions which are unsanitary, hazardous or dangerous to Clean Air Act.
his/her health or safety,as determined under construction safety and 2.That the contractor agrees to include or cause to be included the
health standards (29 CFR 1926) promulgated by the Secretary of requirements of paragraph(1)of this Section X in every subcontract,
Labor, in accordance with Section 107 of the Contract Work Hours and further agrees to take such action as the contracting agency may
and Safety Standards Act(40 U.S.C.3704). direct as a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that the INELIGIBILITY AND VOLUNTARY EXCLUSION
Secretary of Labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or This provision is applicable to all Federal-aid construction contracts,
investigate the matter of compliance with the construction safety and design-build contracts, subcontracts, lower-tier subcontracts,
health standards and to carry out the duties of the Secretary under purchase orders,lease agreements,consultant contracts or any other
Section 107 of the Contract Work Hours and Safety Standards Act covered transaction requiring FHWA approval or that is estimated to
(40 U.S.C.3704). cost$25,000 or more— as defined in 2 CFR Parts 180 and 1200.
1.Instructions for Certification—First Tier Participants:
VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
a.By signing and submitting this proposal,the prospective first tier
This provision is applicable to all Federal-aid construction contracts participant is providing the certification set out below.
and to all related subcontracts.
b.The inability of a person to provide the certification set out below
In order to assure high quality and durable construction in conformity will not necessarily result in denial of participation in this covered
with approved plans and specifications and a high degree of reliability transaction. The prospective first tier participant shall submit an
on statements and representations made by engineers, contractors, explanation of why it cannot provide the certification set out below.
suppliers,and workers on Federal-aid highway projects,it is essential The certification or explanation will be considered in connection with
that all persons concerned with the project perform their functions as the department or agency's determination whether to enter into this
carefully, thoroughly, and honestly as possible. Willful falsification, transaction. However,failure of the prospective first tier participant to
distortion,or misrepresentation with respect to any facts related to the furnish a certification or an explanation shall disqualify such a person
project is a violation of Federal law. To prevent any misunderstanding from participation in this transaction.
regarding the seriousness of these and similar acts, Form FHWA-
1022 shall be posted on each Federal-aid highway project(23 CFR c.The certification in this clause is a material representation of fact
635)in one or more places where it is readily available to all persons upon which reliance was placed when the contracting agency
concerned with the project: determined to enter into this transaction. If it is later determined that
the prospective participant knowingly rendered an erroneous
18 U.S.C. 1020 reads as follows: certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this transaction
"Whoever,being an officer,agent,or employee of the United States, for cause of default.
or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false d. The prospective first tier participant shall provide immediate
statement, false representation, or false report as to the character, written notice to the contracting agency to whom this proposal is
quality, quantity, or cost of the material used or to be used, or the submitted if any time the prospective first tier participant learns that
quantity or quality of the work performed or to be performed, or the its certification was erroneous when submitted or has become
cost thereof in connection with the submission of plans, maps, erroneous by reason of changed circumstances.
specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of e. The terms "covered transaction," "debarred," "suspended,"
Transportation;or "ineligible," "participant," "person," "principal," and "voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 180 and
Whoever knowingly makes any false statement, false 1200. "First Tier Covered Transactions" refers to any covered
representation, false report or false claim with respect to the transaction between a grantee or subgrantee of Federal funds and a
character, quality, quantity, or cost of any work performed or to be participant (such as the prime or general contract). "Lower Tier
performed, or materials furnished or to be furnished, in connection Covered Transactions"refers to any covered transaction under a First
with the construction of any highway or related project approved by Tier Covered Transaction (such as subcontracts). "First Tier
Agreement 1300-31
Participant" refers to the participant who has entered into a covered application/proposal had one or more public transactions (Federal,
transaction with a grantee or subgrantee of Federal funds (such as State or local)terminated for cause or default.
the prime or general contractor). "Lower Tier Participant" refers any
participant who has entered into a covered transaction with a First b. Where the prospective participant is unable to certify to any of
Tier Participant or other Lower Tier Participants (such as the statements in this certification, such prospective participant shall
subcontractors and suppliers). attach an explanation to this proposal.
f. The prospective first tier participant agrees by submitting this 2.Instructions for Certification-Lower Tier Participants:
proposal that, should the proposed covered transaction be entered
into,it shall not knowingly enter into any lower tier covered transaction (Applicable to all subcontracts, purchase orders and other lower tier
with a person who is debarred, suspended, declared ineligible, or transactions requiring prior FHWA approval or estimated to cost
voluntarily excluded from participation in this covered transaction, $25,000 or more-2 CFR Parts 180 and 1200)
unless authorized by the department or agency entering into this
transaction. a. By signing and submitting this proposal, the prospective lower
tier is providing the certification set out below.
g.The prospective first tier participant further agrees by submitting
this proposal that it will include the clause titled "Certification b.The certification in this clause is a material representation of fact
Regarding Debarment, Suspension, Ineligibility and Voluntary upon which reliance was placed when this transaction was entered
Exclusion-Lower Tier Covered Transactions," provided by the into. If it is later determined that the prospective lower tier participant
department or contracting agency, entering into this covered knowingly rendered an erroneous certification, in addition to other
transaction,without modification,in all lower tier covered transactions remedies available to the Federal Government, the department, or
and in all solicitations for lower tier covered transactions exceeding agency with which this transaction originated may pursue available
the$25,000 threshold. remedies,including suspension and/or debarment.
h. A participant in a covered transaction may rely upon a c. The prospective lower tier participant shall provide immediate
certification of a prospective participant in a lower tier covered written notice to the person to which this proposal is submitted if at
transaction that is not debarred, suspended, ineligible, or voluntarily any time the prospective lower tier participant learns that its
excluded from the covered transaction, unless it knows that the certification was erroneous by reason of changed circumstances.
certification is erroneous. A participant is responsible for ensuring
that its principals are not suspended,debarred,or otherwise ineligible d. The terms "covered transaction," "debarred," "suspended,"
to participate in covered transactions. To verify the eligibility of its "ineligible," "participant," "person," "principal," and "voluntarily
principals, as well as the eligibility of any lower tier prospective excluded,"as used in this clause,are defined in 2 CFR Parts 180 and
participants, each participant may, but is not required to, check the 1200. You may contact the person to which this proposal is submitted
Excluded Parties List System website(https://www.epls.gov/),which is for assistance in obtaining a copy of those regulations. "First Tier
compiled by the General Services Administration. Covered Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant(such as the
i. Nothing contained in the foregoing shall be construed to require prime or general contract). "Lower Tier Covered Transactions"refers
the establishment of a system of records in order to render in good to any covered transaction under a First Tier Covered Transaction
faith the certification required by this clause. The knowledge and (such as subcontracts). "First Tier Participant"refers to the participant
information of the prospective participant is not required to exceed who has entered into a covered transaction with a grantee or
that which is normally possessed by a prudent person in the ordinary subgrantee of Federal funds (such as the prime or general
course of business dealings. contractor). "Lower Tier Participant" refers any participant who has
entered into a covered transaction with a First Tier Participant or other
j. Except for transactions authorized under paragraph (f)of these Lower Tier Participants(such as subcontractors and suppliers).
instructions,if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, e.The prospective lower tier participant agrees by submitting this
debarred, ineligible, or voluntarily excluded from participation in this proposal that, should the proposed covered transaction be entered
transaction, in addition to other remedies available to the Federal into,it shall not knowingly enter into any lower tier covered transaction
Government, the department or agency may terminate this with a person who is debarred, suspended, declared ineligible, or
transaction for cause or default. voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this
2. Certification Regarding Debarment, Suspension, Ineligibility transaction originated.
and Voluntary Exclusion—First Tier Participants:
f.The prospective lower tier participant further agrees by submitting
a. The prospective first tier participant certifies to the best of its this proposal that it will include this clause titled "Certification
knowledge and belief,that it and its principals: Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction,"without modification, in
(1) Are not presently debarred, suspended, proposed for all lower tier covered transactions and in all solicitations for lower tier
debarment, declared ineligible, or voluntarily excluded from covered transactions exceeding the$25,000 threshold.
participating in covered transactions by any Federal department or
agency;
(2) Have not within a three-year period preceding this proposal
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
been convicted of or had a civil judgment rendered against them for excluded from the covered transaction, unless it knows that the
commission of fraud or a criminal offense in connection with certification is erroneous.A participant is responsible for ensuring that
obtaining,attempting to obtain,or performing a public(Federal,State its principals are not suspended, debarred, or otherwise ineligible to
or local)transaction or contract under a public transaction; violation participate in covered transactions. To verify the eligibility of its
of Federal or State antitrust statutes or commission of embezzlement, principals, as well as the eligibility of any lower tier prospective
theft, forgery, bribery, falsification or destruction of records, making participants, each participant may, but is not required to, check the
false statements,or receiving stolen property; Excluded Parties List System website(https://www.epls.gov/),which is
compiled by the General Services Administration.
(3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with h.Nothing contained in the foregoing shall be construed to require
commission of any of the offenses enumerated in paragraph(a)(2)of establishment of a system of records in order to render in good faith
this certification;and the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is
(4) Have not within a three-year period preceding this normally possessed by a prudent person in the ordinary course of
Agreement 1300-32
business dealings.
a. No Federal appropriated funds have been paid or will be paid,
i. Except for transactions authorized under paragraph e of these by or on behalf of the undersigned, to any person for influencing or
instructions,if a participant in a covered transaction knowingly enters attempting to influence an officer or employee of any Federal agency,
into a lower tier covered transaction with a person who is suspended, a Member of Congress, an officer or employee of Congress, or an
debarred, ineligible, or voluntarily excluded from participation in this employee of a Member of Congress in connection with the awarding
transaction, in addition to other remedies available to the Federal of any Federal contract,the making of any Federal grant,the making
Government, the department or agency with which this transaction of any Federal loan,the entering into of any cooperative agreement,
originated may pursue available remedies, including suspension and the extension,continuation,renewal,amendment,or modification
and/or debarment. of any Federal contract,grant,loan,or cooperative agreement.
Certification Regarding Debarment,Suspension,Ineligibility and b. If any funds other than Federal appropriated funds have been
Voluntary Exclusion--Lower Tier Participants: paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency,a Member of
1. The prospective lower tier participant certifies, by submission of Congress, an officer or employee of Congress, or an employee of a
this proposal, that neither it nor its principals is presently debarred, Member of Congress in connection with this Federal contract,grant,
suspended, proposed for debarment, declared ineligible, or loan, or cooperative agreement,the undersigned shall complete and
voluntarily excluded from participating in covered transactions by any submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in
Federal department or agency. accordance with its instructions.
2.Where the prospective lower tier participant is unable to certify to 2. This certification is a material representation of fact upon which
any of the statements in this certification,such prospective participant reliance was placed when this transaction was made or entered into.
shall attach an explanation to this proposal. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification shall be subject to a civil penalty
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS of not less than $10,000 and not more than $100,000 for each such
FOR LOBBYING failure.
This provision is applicable to all Federal-aid construction contracts 3. The prospective participant also agrees by submitting its bid or
and to all related subcontracts which exceed$100,000(49 CFR 20). proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
1. The prospective participant certifies, by signing and submitting $100,000 and that all such recipients shall certify and disclose
this bid or proposal, to the best of his or her knowledge and belief, accordingly.
that:
Agreement 1300-33
SECTION 1330
WORKERS'COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861,prior to commencement of work on the Contract,the Contractor
shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers'compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
/ !.
416111011..,,iii
Signature
Alberto Garcia,President/CEO
Title
8/10/20
Date
Worker's Compensation Insurance Certificate 1330-1
Bond No. 9357967
Premium: $4,535.00
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
July 22 ,20 20,awarded to Elecnor Belco Electric,Inc. ,hereinafter
designated as the Principal, a Contract for BID NO. B20-01E, TRAFFIC SIGNAL IMPROVEMENTS (HSIP
CYCLE 8),CITY PROJECT NO.6514,FEDERAL AID PROJECT NO.HSIPL-5430(033),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 ,', .,. ri-.. 0110,-.1 . .„.14.,. ,asSix Sureretyd,are held
�. . :. .�.. .
and firmly bound unto the City in the just and full amount of Tw.•enty Nine and 00/100 Dollars Hund
(S 1.368.629 .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.
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 10th day
of August ,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.
Elecnor Belco Electric. Inc.
Principal
(Seal)
Signature for Principal
Ai be-140 6 OX 07/ l f-5;Citilit
Title Signatory
Fidelity and Deposit Company of Maryland
Surety
(Seal)
Signature for Surety
Donna M. Planeta, Attorney-In-Fact
Title of Signatory
1299 ZURICH WAY,5TH FLOOR,SCHAUMBURG, IL 60196-1056
Address of Surety
(847)605-6000
Phone#of Surety
Erin L. Kiernan
Contact Person for Surety
Faithful Performance Bond 1310-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 8/13/20 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Alberto Garcia
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s-) Is re subscribed to the within instrument and acknowledged to me that
40-he/they executed the same in is er/their authorized capacity(ies), and that by
er/their signature(s-) on the instrument the person(s-), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. REBECCAWILKS
NotaryPublic-California
( 1, o San Bernardino County f
4,; Commission"2300424
My Comm.Expires Aug 5. 2023
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This,form •complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being.sent to that state so long
Cathedral CityPerformance bond as the wording does not require the Cali(rnria notary to violate California notary
law.
(Title or description of attached document) • State and County information must he the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must he the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/hey, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) intbnnation may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on tile with the office of
❑ Partner(s) the county clerk.
❑ Attorney-in-Fact Additional inf'onnation is not required but could help to ensure this
I ❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CEO,Secretary).
rvww NotaryClasses Coen 800.873-9865 • Securely attach this document to the signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Connecticut
State of Cetifooniax
County of Hartford
On August 10, 2020 before me, Bethany Stevenson, Notary Public
(insert name and title of the officer)
personally appeared Donna M. Planeta
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand an. official seal.
BETHANY STEVENSON
NOTARY PUBLIC-CT 177501
MY COMMISSION EXPIRES SEPT.30,2023
Signature (Seal)
WIN_ Notary Public �!
ZURICH AMERICAN INSUR\\(T.COMPANY
COLONIAL AMERICAN CASUALTI :A\D SURETY COMPANY
FIDELITY AND DEPOSIT COM I'ANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON,
Michelle Anne MCMAHON,Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca
M.STEVENSON,Nicholas TURECAMO and Tanya NGUYEN,all of Hartford,Connecticut,EACH,its true and
lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all
bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said
Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY UP ok. pOF MARYLAND,this 4th day of October,A.D.2019.
{{
te("11.); (E-AA
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
By: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On tins 4th day of October, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
iiiiii rt„,
Constance A.Dunn,Notary Public
,k�i:jjpi .�` My Commission Expires:July 9.2023
"tots
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF.I hate hereunto subscribed my name and affixed the corporate seals of the said Companies.
this 10th day of August 2020
CASU4tly X014'MSC,
far
SEAL 410 .iia`- 'arae :
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.rcportsfclaims@,zurichna.com
800-626-4577
Bond No. 9357967
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
July 22 , 202Q, awarded to Elecnor Belco Electric, Inc. , hereinafter
designated as the Principal, a Contract for BID NO. B20-01E, TRAFFIC SIGNAL IMPROVEMENTS (HSIP
CYCLE 8),CITY PROJECT NO.6514,FEDERAL AID PROJECT NO.HSIPL-5430(033),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,and Fidelity and Deposit Company of Maryland as Surety,are held
and firmly bound unto the City in the just and full amount of „y ', ; Sixtrz Eight fT01sand Six Hundred
(5 1,368,629 .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.
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***
PaFment Bond 1320.1
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 10th day
of August ,2020,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.
Elecnor Belco Electric, Inc.
Principal
(Seal)
Signature for Principal
ti)-i2C40 G Otrt-i eRCQ.,5Ae. /en
Title of Signatory
Fidelity and Deposit Company of Maryland
Surety
(Seal)
Signature for Surety
Donna M. Planeta, Attorney-In-Fact
Title of Signatory
1299 ZURICH WAY,5TH FLOOR,SCHAUMBURG,IL 60196-1056
Address of Surety
(847)605-6000
Phone#of Surety
Erin L. Kiernan
Contact Person for Surety
Payment Bond 1320-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 8/13/20 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Alberto Garcia
who proved to me on the basis of satisfactory evidence to be the persons-) whose
name(s) is re subscribed to the within instrument and acknowledged to me that
tI-telhe/they executed the same in is er/their authorized capacity(ics), and that by
er/their signature(s-) on the instrument the person(), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
REBECCA WILKS
WITNESS my hand and official seal. _ ,- _ Notary pooh(.Caiirornia
s San Bernardino County
qtAZZA,Gt'---
I- I1 — — , Commission=2300424
Ill l�1..aMy Comm.Expi•es A..g 5. 2023
Notary Public Signature (Notary Public Seal)
• •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current C'alx)ornia statutes regarding notaly wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should he completed and attached to the document.Acknowledgments
from other states may he completed.for documents being sent to that state so long
Cathedral City Payment bond as the Wording does not require the California nowt).to violate California notary
law.
(Title or description of attached document) • State and County information must he the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the aclmowledgntent is completed.
• The notary public trust print his or her name as it appears within his or her
Number of Pages _Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/fife)or circling the correct foams.Failure to correctly indicate this
❑ Individual (s) intonnation may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑
• Signature of the notary public must match the signature on file with the office of
Partner(s)
the county clerk.
❑ Attorney-in-Fact • Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other • Indicate title or type of attached document,number of pages and date.
❑ • Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CF(.),Secretary).
www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Connecticut
State of fc3atdocnizc
County of Hartford
On August 10, 2020 before me, Bethany Stevenson, Notary Public
(insert name and title of the officer)
personally appeared Donna M. Planets
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and fficial seal.
BETHANY STEVENSON
NOTARY PUBLIC-CT 177501
MY COMMISSION EXPIRES SEPT.30,2023
Signature (Seal)
Notary Public
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON,
Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca
M.STEVENSON,Nicholas TURECAMO and Tanya NGUYEN,all of Hartford,Connecticut,EACH,its true and
lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all
bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.. and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of October,A.D.2019.
ttIr• littA
SEAL
tau
1110 41;
olt
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
By: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 4th day of October, A.D.2019. before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
is
its ptt',v...•1+;: Constance A.Dunn,Notary Public
,��n"iii: My Commission Expires:July 9,2023
n,A0UI's
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V.Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994.and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
thist 0th day of August ,2020
ED
_ ff_ -/4 ;1
86
- o
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfc 1aims(dzwichna.com
800-626-4577
0
Disclosure Statement ZURICH
NOTICE OF DISCLOSURE FOR AGENT& BROKER COMPENSATION
If you want to learn more about the compensation Zurich pays agents and brokers visit:
http://www.zurichnaproducercompensation.com
or call the following toll-free number: (866)903-1192.
This Notice is provided on behalf of Zurich American Insurance Company
and its underwriting subsidiaries.
U-GU-874-A CW (06/11)
Page 1 of 1
P.
Bond No. 9357967
Premium: $4,535.00
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
July 22 ,20 20,awarded to Elecnor Belco Electric,Inc. ,hereinafter
designated as the Principal, a Contract for BID NO. B20-01E, TRAFFIC SIGNAL IMPROVEMENTS (HSIP
CYCLE 8),CITY PROJECT NO.6514,FEDERAL AID PROJECT NO.HSIPL-5430(033),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 •.- • ,.t• 9-•• .,r•,.t ,• _u- .t y e ss Surety,
,are held
Hand firmly bound unto the City in the just and full amount of Twenty'Nine and 00/100 Dollars .
(S 1.368.629 .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.
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
a •
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 10th day
of August ,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.
Elecnor Belco Electric, Inc.
Principal
(Seal)
•
Signature for Principal
416G'art;77re61c)z►wl'/tED
Title of Signatory
Fidelity and Deposit Company of Maryland
Surety
(Seal)
C�
Signature for Surety
Donna M. Planeta,Attorney-In-Fact
Title of Signatory
1299 ZURICH WAY, 5TH FLOOR,SCHAUMBURG, IL 60196-1056
Address of Surety
(847)605-6000
Phone#of Surety
Erin L. Kiernan
Contact Person for Surety
Faithful Performance Bond 1310-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 8/13/20 before me, Rebecca Wilks, Notary Public
(Here insert name and title of the officer)
personally appeared Alberto Garcia
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(-s-) Is re subscribed to the within instrument and acknowledged to me that
4D-he/they executed the same ire Is er/their authorized capacity(ies), and that by
er/their signatures) on the instrument the person(s-), or the entity upon behalf of
which the persons-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ,• ! REBECWILKS
Notary Public-California
= -• = San Bernardino County b
Commission2300
-teticteA"/ My Comm.Expires Aug 5.2023
Notary Public Signature (Notary Public Seal
ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completer/for documents being sent to that state so long
Cathedral CityPerformance bond as the wording does not require the Ca/ifornia notary to violate California notary
law.
(Title or description of attached document) • State and County information must he the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the sigrter(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate flee correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they. is/ace)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must he clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudg.*es, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact • Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other • Indicate title or type of attached document,number of pages and date.
❑ • Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
YRr rvr.NotaryClasses.corn 800-873-98F • Securely attach this document to the signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
C'nnnucticut
State of k3aorniax
County of Hartford
On August 10, 2020 before me, Bethany Stevenson, Notary Public
(insert name and title of the officer)
personally appeared Donna M. Planets
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand an. official seal.
BETHANY STEVENSON
NOTARY PUBLIC-CT 177501
/ MY COMMISSION EXPIRES SEPT.30,2023
Signature i �� (Seal)
��- Notary Public
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON,
Michelle Anne MCMAHON,Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca
M.STEVENSON,Nicholas TURECAMO and Tanya NGUYEN,all of Hartford,Connecticut,EACH,its true and
lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all
bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
,���►±!!�FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of October,A.D.2019.
r"Q' J,ovci4wt,
6teo'er w
1i — t8EALte
1
t sme
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray — —
Vice President
By: Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 4th day of October, A.D.2019. before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn.deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
00,444
•',g/*,)0`67 !�' (' Ct_Q• ►,J
.14
,a v`
y �, rtt ,`:�': Constance A.Dunn,Notary Public
�'0,t�ismpi J` My Commission Expires:July 9,2023
'S�pun%t
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V.Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances,stipulations, undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this loth_day of August ,2020
. oSEAL — ' iae rg ,cw''�(
mor ,�l
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfclai mst@zurichna.com
800-626-4577
Bond No. 9357967
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
July 22 , 202Q, awarded to Elecnor Belco Electric, Inc. , hereinafter
designated as the Principal, a Contract for BID NO. B20-01E, TRAFFIC SIGNAL IMPROVEMENTS (HSIP
CYCLE 8),CITY PROJECT NO.6514,FEDERAL AID PROJECT NO.HSIPL-5430(033),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,and Fidelity and Deposit Company of Maryland as Surety,are held
and firmlybound unto the Cityin thejust and full amount of one Mmron ree undyed Sixth Eight Thousand Six Hundred
Twenty N�ane onium nnuars
($ 1,368,629 .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.
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 10th day
of August ,2020,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.
Elecnor Belco Electric, Inc.
Principal
(Seal)
Signature for Principal
4(6 0+ GO\PC,;C Pc tr$
Titl of Signatory
g rY
Fidelity and Deposit Company of Maryland
Surety
(Seal)
Signature for Surety
Donna M. Planeta,Attorney-In-Fact
Title of Signatory
1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196- 1056
Address of Surety
(847)605-6000
Phone#of Surety
Erin L. Kiernan
Contact Person for Surety
Payment Bond 1320-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Bernardino }
On 8/13/20 before me, Rebecca Wilks, Notary Public
Here insert name and title of the officer)
personally appeared Alberto Garcia
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is re subscribed to the within instrument and acknowledged to me that
+I1r.he/they executed the same int Qi er/their authorized capacity(ies), and that by
4,11D. er/their signature(&) on the instrument the person(s), or the entity upon behalf of
which the persons-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. REBEccAwlLKs
Nota pu
re bii� California
San Bernardino County
;11.15Ltece-“--/ Cd�% Commission:2300424
��/ MY Comm.Expires A_g 5.2023
Notary Public Signature (Notary Public Seal
• •
ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM
Thisfarnr complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed.for documents being seat to that state so long
Cathedral CityPayment bond as the wording does not require the California notary to violate California notary
y law
(Title or description of attached document) • State and County information must he the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also he the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signers) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they. is ki e)or circling the correct tbmis.Failure to correctly indicate this
❑ Individual (s) intbrmation may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s) the county clerk.
❑ Attorney-in-Fact • Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO.Secretary).
www.NotaryCiasses.com 800-373-9865 • Securely attach this document to the signed doctunent with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Connecticut
State of k3akorninx
County of Hartford
On August 10, 2020 before me, Bethany Stevenson, Notary Public
(insert name and title of the officer)
personally appeared Donna M. Planeta
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
BETHANY STEVENSON
NOTARY PUBLIC-CT 177501
MY COMMISSION EXPIRES SEPT.30,2023
Signature (Seal)
Notary Public
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON,
Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca
M.STEVENSON,Nicholas TURECAMO and Tanya NGUYEN,all of Hartford,Connecticut,EACH,its true and
lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all
bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of October,A.D.2019.
Duoa*
�SEAL MI ytn •,
its
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D.Murray
Vice President
By: Dawn E.Brown
Secretary
State of Man land
County of Baltimore
On this 4th day of October, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualificxi,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn.deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
otioinA4r+°;
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Constance A.Dunn,Notary Public
rug m;` My Commission Expires:July 9.2023
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this loth day of August .2020
./04 INS(ZitSIN
SEAL 2:3410; ;0:
\ -#4
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.repotttsfclaims@,zurichna.com
800-626-4577
•
0
Disclosure Statement ZURICH
NOTICE OF DISCLOSURE FOR AGENT& BROKER COMPENSATION
If you want to learn more about the compensation Zurich pays agents and brokers visit:
http://www.zurichnaproducercompensation.com
or call the following toll-free number: (866)903-1192.
This Notice is provided on behalf of Zurich American Insurance Company
and its underwriting subsidiaries.
U-GU-874-A CW (06/11)
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