AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT FOR CONSTRUCTION SERVICES is made and entered into this 25th day of February 2025 by and between the CITY OF LANCASTER, a municipal corporation and charter city, ("City"), and ANGELES CONTRACTOR INC., a California Corporation ("Contractor") (collectively, sometimes referred to hereinafter as the "Parties").
RECITALS
WHEREAS, the City desires to engage Contractor to perform certain services, as provided herein, identified as:
Lancaster Performing Arts Center Box Office Renovation and Painting (THE "SERVICES") WHEREAS, the principal members of Contractor are qualified and duly registered/ licensed under the laws of the State of California, and Contractor desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
А. CITY: CITY OF LANCASTER
B. CONTRACTOR: ANGELES CONTRACTOR INC.
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to his Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day ofreceipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR ANGELES CONTRACTOR INC.
Attn: Alex Cho, Vice President
783 Phillips Drive
City of Industry, CA 91748
[email protected]
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - 1-
Construction Services Agreement; February 2025
4. Description of Work. The City hereby engages Contractor, and Contractor accepts such engagement, to perform the technical and professional services set forth in the "Scope of Work", attached hereto as Exhibit "A" and incorporated herein by reference. Contractor shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit "A." The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Contractor an amount not to exceed $513,217.34 for all work necessary to complete the Services, as described in the Contractor's Price Proposal, attached hereto as Exhibit "B" '. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, asset forth in Exhibit "A" B. No payment made hereunder by the City to Contractor, other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Contractor of its obligations under this Agreement.
C. The City shall be allowed to withhold retention in the amount no less than 5% (five percent) which shall be paid within 30 days upon approval from City Council.
D. To prevent any delay in material acquisition, the Contractor may send an invoice to the City for materials upon receipt of the Notice to Proceed and Purchase Order Number. This invoice shall reflect the pricing set forth in Exhibit "B".
6. Obligations of the Contractor.
A. Contractor shall perform as required by this Agreement and in accordance with the Scope of Work set forth in Exhibit "A".
B. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to • employer's liability, workers' compensation, unemployment insurance, and Social Security.
C. Contractor shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
D. Contractor shall be responsible for adhering to the Community Workforce Agreement set forth in Exhibit "D".
E. Contractor shall procure bonds per the following guidelines and as set forth in Exhibit "C". The Contract Bonds (Performance & Maintenance Bond and Labor and Material Bond) "shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California." Said bonds shall be secured by an "admitted surety insurer" (as defined in the California Code of Civil Procedure Section 995.120, or successor statute) who can either: (i) meet the minimum rating of A-:VII in the latest edition of the Best's Key Rating Guide Property-Casualty; or (ii) provide the following documentation as mandated by the California Code of Civil Procedure Section 995.660, or successor statute:
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Construction Services Agreement; February 2025
(1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so. (2) A certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner. (3) Evidence that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. (4) Copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
7. Hold Harmless and Indemnification. Contractor agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney's fees, incurred to the extent arising out of or related to Contractor's negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Contractor agrees to defend the City, its officers and employees, using counsel of the City's choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Contractor.
9. Payment of Prevailing Wage.
A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the work to be done. These rates shall be the minimum wage rates for this project. These rates are on file with the City and copies will be made available to any interested party upon request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any subcontractor under him.
Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
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Construction Services Agreement; February 2025
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or
(B) When the number of apprentices in training in the area exceeds a ratio of one to five; or
(C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONTRACTOR provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
The CONTRACTOR and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.
10. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age.
Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Contractor for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Contractor and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
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Construction Services Agreement; February 2025
11. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Contractor. This Agreement shall continue in full force and effect for Twelve (12) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Contractor may mutually agree in writing to extend the Term of this Agreement.
12. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Contractor will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Contractor fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Contractor shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Contractor.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, "documents") related to the Services shall become the City's property. Contractor shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
13. Independent Contractor. Contractor is an independent Contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
14. Insurance.
A. The Contractor, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:
Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) - 5-
Construction Services Agreement; February 2025
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers' Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers' Liability policies)
The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability.
Any deductibles or self-insurance retentions must be declared and approved by the City. At the City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Contractor's insurance and shall not contribute with it.
E. Contractor shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days' prior written notice (10 days' written notice for non-payment) to the City of Lancaster.
(2) List in the "Descriptions of Operations/Locations/Vehicles" section:
"Lancaster Performing Arts Center Box Office Renovation and Painting" "The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned."
(3) List in the "Certificate Holder" section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534. - 6-
Construction Services Agreement; February 2025
15. Ownership of Documents. All plans, specifications, reports, studies, maps and other documents prepared or obtained by Contractor in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
16. Data Provided to Contractor. City shall provide to Contractor, without charge, all data, including reports, records, maps and other information, now in the City's possession which may facilitate the timely performance of the work described in Exhibit "A".
17. Contractor's Warranties and Representations.
Contractor warrants and represents to City as follows:
A. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement.
B. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
D. Upon the execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
18. Permits and licensing
A. It shall be the responsibility of the Contractor to obtain a business license in the City of Lancaster and to apply for all necessary permits related to this project.
B. Throughout construction, the Contractor shall schedule all necessary inspections.
Upon project completion, it shall be the responsibility of the Contractor to schedule a final inspection with the City of Lancaster and provide notification to the Project Manager of inspection status within 24 hours of inspection completion.
19. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
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Construction Services Agreement; February 2025
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys' fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.
20. Timeline Expectations
A. Time is of the essence and it shall be the responsibility of the Contractor to complete all work to the Box Office between June 30, 2025 and August 11, 2025. Any deviation from this timeline as a result of the Contractor shall result in the following liquidated damages:
i. 1-7 days past designated time frame = $250 per day
ii. 8-14 days past designated time frame = $500 per day iii. 15-21 days past designated time frame = $750 per day iv. 22+ days past designated time frame = $1000 per day B. The painting of the building exterior shall be allowed to commence upon the Notice to Proceed.
C. A schedule of work to be performed shall be communicated via e-mail to the Project Manager no less than 48 hours prior to beginning work in order to ensure all affected parties are notified.
21. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit "A" Scope of Work
Exhibit "B" Contractor's Price Proposal
Exhibit "C" Performance and Labor Bonds
Exhibit "D" Community Workforce Agreement
22. Governing Law
This Agreement shall be governed by the laws of the State of California. - 8-
Construction Services Agreement; February 2025
23. Levine Act
For use with Licenses, Permits, POs, and RFPs
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster official from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision is rendered.
The Levine Act also requires a Lancaster City official who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Lancaster City Council Members are listed at:
https://www.cityoflancasterca.org/government/city-officials/city-council-copy Current Planning Commissioners are listed at:
https://www.cityoflancasterca.org/government/commissions-appointments/planning Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city official in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Members)/city official(s):
NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city official in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Members) /city official(s):
NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded) Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Counci Member (s) from participating in any actions related to your proposal or application Xoitally sioned by Young Kand
OW: I-City of Industry, st-CA, C=US
portfor o=Angeles Contractor, Inc, cn=Young
Kang
Date: 2025.01.30 12-22-41-0900
1/30/25
Date Signature of authorized individual
Angeles Contractor, Inc. / Young Kang
Company/Applicant Name
[Signatures begin on following page]
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Construction Services Agreement; February 2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By:
Trolis Niebla, City Manager
Dated:
Contractor: ANGELES CONTRACTOR INC.
By:
Alex Cho, Vice President
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
RM
CONTRACT SUBMISSION APPROVAL:
Department Head
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Construction Services Agreement; February 2025
EXHIBIT "A"
SCOPE OF WORK
The work to be performed under this contract shall include:
A. "Scope of Work"
GORDIAN®
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-ACI
New Work Order Modify an Existing Work Order
Work Order Number: 137335.00 Work Order Date: 01/23/2025 Work Order Title: LPAC Ticket Office Remodel
Owner Name: City of Lancaster Contractor Name: Angeles Contractor Inc.
Contact: Ramon Galo Contact: Alex Cho
Phone: (661) 723-5979 Phone: (714) 443-3655
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-ACI.
Brief Work Order Description:
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: Will not apply:
Work Order Firm Fixed Price: $513,217.34
Owner Purchase Order Number:
Approvals
City of Lancaster Date Angeles Contractor Inc. Date
Work Order Signature Document Page 1 of 1
1/23/2025
Sourcewell GORDIAN®
Detailed Scope of Work
To: Alex Cho From: Ramon Galo
Angeles Contractor Inc. City of Lancaster
615 W Avenue H
783 Phillips Drive Lancaster, CA 93534
City of Industry, CA 91748 (661) 723-5979
(714) 443-3655
Date Printed: January 23, 2025
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
Brief Scope:
Preliminary Revised | X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
Exterior Building Painting
1. Full Exterior Painting per as-built drawing [Base Bid] • Repair holes & cracks on plaster walls
• Remove existing putty from roof cap flashing
• Prime & 2 Coats Painting (Color Change) including Plaster Walls, Soffits, Plaster Channel Screeds, HM Doors, Handrails, Roof Cap Flashing
2. Apply anti-graffiti coating up to 10 feet from grade level[ Alternate 1]
3. Paint parapet plaster walls inside the roof that are not visible from exterior elevation[Alternate 2] Exclusions
• Excludes painting Factory Finish items such as Store Front Doors, Roll-up Doors, Patio Metal Fixtures, and Signage
Excludes painting mural on west elevation (protect in place) • Excludes painting wrought iron gates & fences
• Excludes painting unpainted CMU Walls
Ticket Booth Remodel (additional scopes)
• Provide additional outlets and low voltage wiring per City's staff request • Provide additional Temp fencing and site security after work hours • Additional ceiling lights
Misc.
• Equipment rental included
• Normal working hour applied
Subject to the terms and conditions of ez/QC Contract CA-R8-GB-101723-ACI.
Scope of Work Page 1 of 2
1/23/2025
EXHIBIT 'B"
CONTRACTOR'S PRICE PROPOSAL
A. Contractor's Price Proposal - Summary
B. Contractor's Price Proposal - Detail
Contractor's Price Proposal - Summary
Date: January 23, 2025
Re: IQC Master Contract #: CA-R8-GB-101723-ACI
Work Order #: 137335.00
Owner PO#:
Title: LPAC Ticket Office Remodel
Contractor: Angeles Contractor Inc.
Proposal Value: $513,217.34
0. BOND FEES $11,047.73
LPAC Building Exterior Painting $327,716.86
LPAC Ticket Office $174,452.75
Proposal Total $513,217.34
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
Contractor's Price Proposal - Summary Page 1 of 1
1/23/2025
Contractor's Price Proposal - Detail
Date: January 23, 2025
Re: IQC Master Contract #: CA-R8-GB-101723-ACI
Work Order #: 137335.00
Owner PO #:
Title: LPAC Ticket Office Remodel
Contractor: Angeles Contractor Inc.
Proposal Value: $513,217.34
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
0. BOND FEES
1 01 22 16 00 0002 EA $11,047.73
costs as directed by Owner. Insert the appropriate quantity to adjust the base warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or Quantity Unit Price Factor Total
Installation 10,043.39 1.00 1.1000 = 11,047.73
Bond Fees calculated at 2% of proposal total amount of $10,751.75 Subtotal for 0. BOND FEES $11,047.73
LPAC Building Exterior Painting
01 22 20 00 0091 HR Flagperson For Traffic Control $12,242.29 Quantity
Installation 12,242.29
[LPAC Building Exterior Painting] - flagger for boom lifts movement and operation [4 hours daily x 20 days] Flag Personal we be required on Fern Ave & Fig Ave to close off Sidewalks to use Heavy Equipment. 3 01 22 23 00 0010 60' Engine Powered, Telescoping Boom Man Lift With Platform $10,904.41 Quantity Total
Installation 1.5459 =
[LPAC Building Exterior Painting)-Boom lift for LPAC building exterior pressure washing and painting works 12 each × 2 months for perimeter walls up to 48 feet high from ground level! 4 01 22 23 000016 110' Engine Powered, Telescoping Boom Man Lift With Platform $34,710,40 Quantity Unit Price Factor Total
Installation 2.00 x 11,226.60 34,710.40
1.5459
[LPAC Building Exterior Painting]-Boom lift for LPAC building exterior pressure washing and painting works [1 each x 2 months for inner walls up to 70 feet high from ground level! 5 01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization 56,931.92 Using A Tractor Trailer With Up To 53' Bedincludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, oading for return and transporting away. For equipment such as bulldozers motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes heavy-duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain constructior forklifts, telescoping and articulating boom man lifts with >40' boom lengths Quantity Unit Price Factor Total
Installation = 6,931.92
3.00 1,494.69 1.5459
[LPAC Building Exterior Painting] Mobilization and demobilization of 3 each high reach and telescoping boom Lift for PAC building exterior painting works
09 01 20 91 0016 LF >500, Chip, Clean And Repair Crack In Plaster/Stucco $10,001.97 Quantity Unit Price Factor Total
Installation 1,000.00 6.47 1.5459 = 10,001.97
[LPAC Building Exterior Painting)-repair cracks to existing stucco wall finish prior to paint application [NOTE:
quantity is assumed to capture this scope and need field verification and reconcile actual field measurements] LINE ITEM TO BE USED AT +/- BUDGET LINE ITEM.
Contractor's Price Proposal - Detail Page 1 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Building Exterior Painting
09 01 90 52 0021 SF Power Tool Cleaning, Metal Surfaces, Surface Preparation $3,038.13 Quantity Unit Price Factor Total
Installation x = 3,038.13
1,384.00 1.42 1.5459
PAC Building Exterior Painting]-prep building exterior metal trim prior to painting per As-built drawing shee
2.2, A3.0, A5.0, A5.1, A5.2, A5.3 & A5.4 [Quantity takeoff: 112' × 20'H wall + 310' x 46'H wall + 88' x 22'H w + 404'x 32'H wall + 80'× 10H wall + 71'× 24'H wall + 65'× 14H wall + 94'× 38'H wall + 113'×28'Hwall +47'× 8 09 01 90 52 0053 SF 2,000 To 5,000 PSI Pressure Wash Plaster/Stucco Surfaces, Surface $42,192.43 Preparation
Quantity Unit Price Factor Total
Installation 40,736.00 x 42,192.43
0.67 1.5459
[LPAC Building Exterior Painting]-
primer paint the entire LPAC building exterior walls per As-built drawing sheets A2.2, A3.0, A5.0, A5.1, A5.2, A5.3 & A5.4 [Quantity takeoff: 112' × 20'H wall + 310' × 46'H wall + 88' × 22'H wall + 404' x 32'H wall + 80'x 10'H wall + 71' × 24'H wall + 65' × 14'H wall + 94'x 38'H wall + 113' × 28'H wall + 47'x 16'H wall = 42,266 SF] - 1530 SQFT storefront windows = 40736 SQFT
09 01 90 52 0053 0345 MOD For ≥30,000, Deduct -$8,494.07 Quantity Unit Price Factor Total
Installation x x = -8,494.07
42,266.00 -0.13 1.5459
10 09 91 13 00 0098 SF 1 Coat Primer, Sprayed, Paint Exterior Stucco Walls $57,935.88 Quantity Unit Price Factor Total
Installation x = 57,935.88
40,736.00 0.92 1.5459
[LPAC Building Exterior Painting)-
primer paint the entire LPAC building exterior walls per As-built drawing sheets A2.2, A3.0, A5.0, A5.1, A5.2, A5,3 & A5.4 [Quantity takeoff: 112' × 20'H wall + 310' × 46'H wall + 88' x 22'H wall + 404' x 32'H wall + 80'x 10'H wall + 71' × 24'H wall + 65' × 14'H wall + 94' × 38'H wall + 113' × 28'H wall + 47'x 16'H wall = 42,266 SF] - 1530 SQFT storefront windows = 40736 SQFT
11 09 91 13 00 0098 0194 For Work >15' To 20 Above Floor, AddApplied only to work area above 15' to $65.05 Quantity Unit Price Factor Total
Installation = 65.05
526.00 0.08 1.5459
for exterior walls 16'H = 526 SF
12 09 91 13 00 0098 0195 MOD For Work >20' To 30' Above Floor, AddApplied only to work area above 20: S1,472.56 Quantity Unit Price Factor Total
Installation = 1,472.56
6,804.00 0.14 1.5459
for exterior walls 22'H = 6,804 SF
13 09 91 13 00 0098 0196 MOD For Work >30' To 40' Above Floor, AddApplied only to work area above 30' to $5,611.62 Quantity Unit Price Factor Total
Installation x = 5,611.62
16,500.00 0.22 1.5459
for exterior walls 32'H = 16,500 SF
14 09 91 13 00 0098 0197 MOD For Work >40' Above Floor, AddApplied only to work area above 40: $8,550.06 Quantity Unit Price Factor Total
Installation x x 1.5459 = 8,550.06
18,436.00 0.30
for inner walls 48' to 70' high from ground level = 18,436 SF 15 09 91 13 00 0098 0207 For >20,000, Deduct -$11,761.02 Quantity Unit Price Factor Total
Installation x = -11,761.02
42,266.00 1.5459
Contractor's Price Proposal - Detail Page 2 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Building Exterior Painting
09 91 13 00 0100 2 Coats Paint, Sprayed, Paint Exterior Stucco Walls $136,653.11 [LPAC Building Exterior Painting]-
primer paint the entire LPAC building exterior walls per As-built drawing sheets A2.2, A3.0, A5.0, А5.1, A5.2.
A5.3 & A5.4 [Quantity takeoff: 112' × 20'H wall + 310' × 46'H wall + 88' x 22'H wall + 404' × 32'H wall + 80'x 10'H wall + 71'× 24'H wall + 65' × 14'H wall + 94' x 38'H wall + 113' x 28'H wall + 47'x 16'H wall = 42,266 SF 17 09 91 13 00 0100 For Work >15' To 20' Above Floor, AddApplied only to work area above 15' to $162.63 Installation
for exterior walls 16'H = 526 SF
09 91 13 00 0100 MOD For Work >20' To 30' Above Floor, AddApplied only to work area above 20: $1,526.36 Installation
for exterior walls 22H = 2992 SF
09 91 13 00 0100 For Work >30' To 40 Above Floor, AddApplied only to work area above 30' to $13,518.90 Installation 16,500.00
for exterior walls 32'H = 16,500 SF
09 91 13 00 0100 For Work >40' Above Floor, AddApplied only to work area above 40: $20,805.16 Installation
for inner walls 48' to 70' high from ground level: = 18,436 SF 09 91 13 00 0100 For >20.000, Deduct -$28,095.77
09 91 13 00 0474 1 Coat Primer, Brush Work, Paint Exterior Exposed Metal Trim $2,503.25 [LPAC Building Exterior Painting]-Paint exposed metal trims per As-built drawing sheets A2.2, A3.0, A5.0, A5,1, A5,2, A5,3 & A5,4 [Quantity takeoff: 112' × 20'H wall + 310' × 46'H wall + 88'x 22'H wall + 404' × 32'H
1.3 + 80 10 4S 71 x 24 wall + 85' 14 wall + 94 x 38 wall + 1135 x 28 wall + 47 × 18H wall = 09 91 13 00 0474 For Work >15' To 20' Above Floor, AddApplied only to work area above 15' to $11.90 for exterior walls 16'H = 55 LF
09 91 13 00 0474 For Work >20' To 30' Above Floor, AddApplied only to work area above 20: $96,71 for exterior walls 22H = 272 LF
09 91 13 00 0474 For Work >30' To 40' Above Floor, AddApplied only to work area above 30' to $277.15 for exterior walls 32'H = 498 LF
Contractor's Price Proposal - Detail Page 3 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
$394.20
$4,942.30
$22.96
$185.01
$546,60
$327,716.86
removal after use.
[LPAC Ticket Officel-dust mitigation and protection of owner's stuff and equipment 01 56 16 00 0032 T' Zipper Door For Plastic SheetingIncludes removal after use. [LPAC Ticket Office|-Dust mitigation at ticket office
01 56 16 00 0091
[LPAC Ticket Office]-Dust mitigation along path of travel from staging are entrance to building to ticket office and inside ticket office
01 56 26 00 0143 Temporary 6' High Chain Link Fence Panels (Portable), Up To 6 Months [LPAC Ticket Office|-install temporary fence at exterior of ticket office [50] and staging area [70] Contractor's Price Proposal - Detail Page 4 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Ticket Office
06 41 13 00 0113 36" Wide, 84" High × 24" Deep, Four Door, Solid Maple Face Frame and Door, Pantry Cabinet
[LPAC Ticket Office|-Ref. A2.01 proposed floor plan & A300 Elevation B-new custom built tall cabinet, demo 06 41 13 00 0113 For All Plywood Box Construction, Add
5" To 6-1/2", Flat Cabinet Pull Handle
[LPAC Ticket Office-Ref, A2.01 proposed floor plan & A300 Elevation B-base cabinet door and drawer pull 06 41 93 00 0008 12" To 12-112", Flat Cabinet Pull Handle Installation
[LPAC Ticket Office-Ref. A2.01 proposed floor plan & A300 Elevation B-tall cabinet door pull handle 06 42 16 00 0021 1/4" Top Grade Plywood, Rosewood Veneer Prefinished With Trim [LPAC Ticket Office|-Per JSM scope to infill the window opening with wall panel matching the existing wood panel finish at the exterior side [NOTE: This is the CTC closest task to capture this scope subject to final confirmation of material specs of existing panell
06 42 16 00 0021 For Flitch Matched Veneer, Add
Unit Price
06 42 16 00 0021 For 1/2" Thick Paneling, Add
Installation
06 42 16 00 0026 Aluminum Panel Retainer "J" With Bolt
06 46 19 00 0006 5-1/2" High White Pine Base Molding, All Dimensions Are Nominal [LPAC Ticket Office]-
08 33 13 00 0003 4'x 4', Galvanized Steel Overhead Rolling Counter Doors, Manual Lift (Overhead Door Company, Series 650)
PAC Ticket Office]-[LPAC Ticket Office]-Ref. sheet A3.00 elevation A & B - furnish and install (4) new Rol torized steel window cover/shutter, demo (2) existing roll up window shutter at ticket booth [NOTE: C task closest equivalent to specified shutter/cover only excluding motor & operator] Contractor's Price Proposal - Detail Page 6 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Ticket Office
56 08 33 23 130052 EA Motor Operator For Rytec® Bantam® High-Speed Rolling Doorsincludes $16,850.06 open/close/stop pushbutton, pneumatic reversing edge and coil cord.
Quantity Unit Price Factor Total
Installation = 16,508.79
4.00 2,669.77 1.5459
57 08 33 26 00 0035 For Overhead Framed Rolling Grille Supports $2,908.67 Quantity Unit Price Factor Total
Installation 18.00 x 104.53 x 2,908.67
1.5459
PAC Ticket Office]-Ref. sheet A3.00 elevation A & B - furnish and install (4) new Rollac motorized ste indow cover/shutter, demo (2) existing roll up window shutter at ticket booth [NOTE: CTC task close equivalent to specified shutter/cover & motor/operator housing/enclosure/support/frame only] 58 08 51 13 00 0027 EA >10 To 15 SF, 4" Frame Depth, HC 40, Side Loading Sash, Single Hung $3,981.77 Aluminum Window (Traco TR-9700)
Quantity Unit Price Factor Total
Installation = 3,797.49
1.00 x 2,456.49 1.5459
Demolition 1.00 119.21 1.5459 = 184.29
[LPAC Ticket Office] - Ref. A2.01 Like-for-like window replacement for window type D per sheet A 4.00 window schedule (NOTE: This is the closest CTC task item for window frame for this scope] 59 08 51 13 00 0027 0073 MOD For Color Anodized Finish, Add $244.33 Quantity Unit Price Factor Total
Installation x = 244.33
1.00 158.05 1.5459
modifier use to match existing finish
60 08 51 23 00 0004 SF Industrial Steel Window, With Fixed Sash $3,789.09 Quantity Unit Price Factor Total
Installation 40.50 60.52 x 1.5459 = 3,789.09
1C C240 Min- schedul 030 - 6% an-stocd window frame for new ticket window sls yo, B 61 08 56 59 00 0002 EA Electronic Two-Way Talk-thru Hands-Free Audio Communicator (Haven S13,142.01 SC-350) Communicator is designed for applications where a fire shutter or window shade is present. Two-way communication is accomplished through the use of speakers and micro-phones located on each side of the partition.
The Master unit is equipped with a 15" gooseneck microphone, power on/ of switch, power-on LED, and external volume controls. The Remote Unit is window mounted and may incorporate a level 3 bullet-resistive insert.
Quantity Unit Price Factor Total
Installation x = 12,445.92
3.00 2,683.64 1.5459
Demolition 2.00 225.14 1.5459 = 696.09
[LPAC Ticket Office|-Ref A3.00 Elevation A - 3 each (N) Haven SC-350 window intercom system, demo 2 each (E) window intercom
62 08 56 59 00 0009 EA 16" Wide × 10" Deep × 1-9/16" High, Brushed Stainless Steel, Standard $2,012,25 Drop-In Deal Tray (CRL CTDB16)
Unit Price Total
Installation 1,5459 = 2,012,25
[LPAC Ticket Office]-Ref. A3.00 elevation D - ticket window transaction/drop-in deal tray 63 08 81 23 23 0018 1/2" Thick, Tempered, Clear Float Field Installed Glass $5,603.92 Quantity Unit Price Factor Total
Installation x = 5,603.92
54.00 67.13 1.5459
[LPAC Ticket Office] - Ref. A2.01proposed floor plan-glazing for new ticket window glass type A, B, C & D per A4.00 window schedule [3'-0" x 4'-6" × 4 each]
Contractor's Price Proposal - Detail Page 7 of 12
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Ticket Office
74 09 29 10 00 0047 Up To 10' High, Horizontal Corners, Tape, Spackle And Finish Gypsum Board $110.69 Installation 1.5459
[LPAC Ticket Office]-Ref. A2.01 proposed floor plan and A3.00 details - gypsum board walls prep, taping and finish [8 × 5]
75 09 91 13 00 0091 1 Coat Paint, Cut-in Brush Work, Paint Exterior Stucco Wall Surfaces $8.35 [LPAC Ticket Officel-Paint exterior stucco wall affected by window replacement and Tl works 09 91 13 00 0095 1 Coat Primer, Brush/Roller Work, Paint Exterior Stucco Walls $426.67 LA Tod onlo an ensic al alace window replacemen and ros 2021 09 91 13 00 0095 For ≥100 To 250, Add $118.73
Unit Price
09 91 13 00 0097 2 Coats Paint, Brush/Roller Work, Paint Exterior Stucco Walls $897.86 Installation 13450-
[LPAC Ticket Office-Paint exterior stucco wall affected by window replacement and TI works 09 91 13 00 0097 For >100 To 250, Add $244.87
Installation
09 91 23 00 0067 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $1,057.40 LPAC Ticket Office-Paint interior walls at ticket booth |100 x9] 09 91 23 00 0069 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $2,128.70 [LPAC Ticket Office-Paint interior walls at ticket booth EA 5' High x 3' Wide, 5 To 6% Openness Factor, Euro Veil 5100, 5200 And 5300 $41.18 Series Shade
Quantity Unit Price Factor Total
Installation x = 0.00
0.00 317.56 1.5459
Demolition 2.00 13.32 x 1.5459 = 41.18
[LPAC Ticket Officel-demo existing window shades/blinds 3' Wide Mecho Extended, Regular Snaplock Fascia $6.83
Unit Price Factor Total
x = 0.00
60.47 1.5459
DePAC ticket Orceldemo existing window fasolatack 1.5459= 6.83 16 Gauge Stainless Steel Countertop Without Backsplash $598.88 Factor Total
Installation = 399.15
1.5459
Demolition 1.5459 = 199.73
[LPAC Ticket Office]-Ref. A3.00 elevation B - remove existing stainless steel counter, adjust and reinstall 34" high per ADA [NOTE: CTC task excludes material unit cost, re-use existing]
1/23/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Ticket Office
26 05 33 13 0614 1" Electrical Metallic Tubing (EMT) 90 Degree Elbow Installation
[LPAC Ticket Office-Conduit fittings/connectors of wall stub outs to above ceiling space for data cable runs 26 05 33 13 0647 1" Electrical Metallic Tubing (EMT) Compression Coupling Installation
[LPAC Ticket Office-LAC Ticket Office-Conduit fittings/connectors of wall stub outs to above ceiling space for data cable runs
97 26 05 33 13 0702 1" Electrical Metallic Tubing (EMT) Straight Box Compression Connector [LPAC Ticket Office-ILPAC Ticket Office-Conduit fittings/connectors of wall stub outs to above ceiling space for data cable runs
98 26 27 26 00 0007 20 Amperes, 2 Gang, NEMA 5-20, Duplex Receptacle Assembly DErAl icket Ofich Per SM, remove and relocate (1) quad outer in (E)coal 15m 99 26 27 26 00 0140 2 Gang, 20 Amperes, 1201277 Volt, SPST, Switch Assembly [LPAC Ticket Office-
100 26 27 73 00 0005 Wireless Doorbell Chime And Push Button (STI-3350G)Includes 2 push [LPAC Ticket Office-install panic button at ticket booth per A 3.00 elevation A call-out [NOTE: This is the CTC task closest match per scope]
101 26 51 19 00 0146 2'x 4', 6,000 Lumens, Volumetric, Lay-In/Troffer LED Fixture (Lithonia 2RTL4) Installation
[LPAC Ticket Office|-Ref. A2.01 reflected ceiling plan-replace (E) 2x4 light fixtures with LED type 102 26 51 19 00 0330 4" Diameter, 1,000 Lumens, Recessed LED Downlight With Open Trim (Lightolier C4L 10DL)
Rei. ALi refected celing plan replaco (E) downlights with new LED ype 103 26 51 19 00 0336 6" Diameter, IC Rated, Surface Mount LED Downlight Fixture Housing, White $1,467.99 (Cree@ SC6-277V)
Demolition
DEPAC cket ofice Ret A2.01 refected celing planteplace (E) downlight fixture housing with 243. 104 27 05 29 00 0016 4" Hook Size, Pre-Galvanized Finish, Strut Attachment, Communications And Low Voltage Cable Hook (J-Hook) (Cooper B-line BCH64-SC4) Unit Price
[LPAC Ticket Office]-J-hook supports for data cable home runs from ticket booth to IT closet Contractor's Price Proposal - Detail Page 11 of 12
Contractor's Price Proposal - Detail Continues..
Work Order Number: 137335.00
Work Order Title: LPAC Ticket Office Remodel
LPAC Ticket Office
27 05 29 00 0016 For Work In Restricted Working Space, Add $35.06 2" Hook Size, Pre-Galvanized Finish, T-Bar Attachment, Communications And $294.80 Low Village Cale Hook (took (Cone Baline BCH32-428)
[LPAC Ticket Office hook supports for data cable runs at ticket booth and IT closet For Work In Restricted Working Space, Add $29.22
Unit Price
108 27 13 13 13 0012 Test 4-Pair Category 5-7 Telecommunications Cable For Continuity $623.55 Installation
[LPAC Ticket Office|-Per JSM, continuity test of 16 each data cable drops from ticket office to IT closet 27 15 13 00 0476 4-Pair Solid STP, 24 AWG, Category 5E, Indoor Telecommunications Plenum $6,182,64 Cable, Installed Exposed
[LPAC Ticket Officel-Per JSM, furnish and install total of 16 each data drops × 100 including slackloop runs Mom to livor Resti
110 27 15 13 00 0476 For Work In Restricted Working Space, Add $1,496.73 work above existing ceiling space
27 15 43 00 0007 Single Gang, 8-Position RJ45 Jack, Flush, Stainless Steel Faceplate For Wall $568.04 Mounted Telephones
[LPAC Ticket Office]-data wall mount faceplates
27 16 19 00 0037 5' Category 5E Patch Cables With Boots $27.42 [LPAC Ticket Officel-Per JSM-furnish and install (1) patch cable in the IT room for new patch panel connection 113 27 21 16 00 0028 24 Port, Category 6 Patch Panel (CommScope 760062372) $823.55 [LPAC Ticket Office]-Per JSM-furnish and install (1) 24 port patch panel in the IT room rack for the addition data cable runs to ticket office
Subtotal for LPAC Ticket Office $174,452.75
Proposal Total $513,217.34
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: %
Contractor's Price Proposal - Detail Page 12 of 12
1/23/2025
GORDIAN®
Subcontractor Listing
Date: January 23, 2025
Re: IQC Master Contract #: CA-R8-GB-101723-ACI
Work Order #: 137335.00
Owner PO #:
Title: LPAC Ticket Office Remodel
Contractor: Angeles Contractor Inc.
Proposal Value: $513,217.34
Name of Contractor Duties Amount %
No Subcontractors have been $0.00 0.00
selected for this Work Order
Subcontractor Listing Page 1 of 1
1/23/2025
EXHIBIT "C"
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Lancaster, County of Los Angeles, State of California, on February 25, 2025, has awarded to Angeles Contractor Inc., hereinafter designated as the "Principal," a contract to provide Lancaster Performing Arts Center Box Office Renovation and Painting, per EZIQC Contract No.: CA-R8-GB-101723-ACI, together with appurtenances thereto; 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, Angeles Contractor Inc. as Principal, and «Surety» as Surety, are held and firmly bound unto the City of Lancaster, California, hereinafter called the Contracting Agency in the penal sum of one hundred percent (100%) of the amount of Five Hundred Thirteen Thousand Two Hundred Seventeen Dollars and Thirty-four Cents ($513,217.34) lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT, if the hereby bonded 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 perform all the undertakings, terms, covenants, conditions and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The obligation of Surety hereunder shall continue so long as any obligation of Principal remains.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Document or of the work to be performed thereunder, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder.
IN WITNESS WHEREOF, one (1) original of this instrument, which shall for all purposes be deemed an original thereof, has been duly executed by the Principal and Surety herein named on the _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. «Contractor»
Principal
By:
«Surety»
Surety
By:
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Lancaster, County of Los Angeles, State of California, on February 25, 2025 has awarded to Angeles Contractor Inc., hereinafter designated as the "Principal," a contract for the construction of Lancaster Performing Arts Center Box Office Renovation and Painting, per EZIQC Contract No.: CA-R8- GB-101723-ACI, together with appurtenances thereto, and WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon 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, Angeles Contractor Inc. as Principal, and «Surety» as Surety, are held and firmly bound unto the City of Lancaster, California, hereinafter called the "Contracting Agency" in the penal sum of hundred percent (100%) of bid Five Hundred Thirteen Thousand Two Hundred Seventeen Dollars and Thirty-four Cents ($513,217.34) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators 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 fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for amounts due under applicable State law for any work or labor thereon of any kind, and provided that the persons, companies or corporations Nso furnishing said materials, provisions, provender, or other supplies, equipment, appliances or power used in, upon, for or about the performance of the work contracted to be executed or performed, or any persons, company or corporation renting or hiring teams, implements, machinery or power, for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and material therefor, shall have complied with the provisions of applicable State law, 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 as shall be fixed by the court, awarded and taxes as in the above mentioned Statute provided. The bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under applicable State law, so as to give a right of action to them or their assigns in any suit brought upon this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder.
IN WITNESS WHEREOF, one (1) original of this instrument, which shall for all purposes be deemed an original thereof, has been duly executed by the Principal and Surety herein named on the day _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. «Contractor»
Principal
By:
«Surety»
Surety
By: -
Exhibit "D"
Community Workforce Agreement
COMMUNITY WORKFORCE AGREEMENT
BY AND BETWEEN
THE CITY OF LANCASTER
AND
LOS ANGELES/ORANGE COUNTIES
BUILDING AND CONSTRUCTION TRADES COUNCIL
AND THE SIGNATORY CRAFT COUNCILS AND UNIONS
City of Lancaster 1 Community Workforce Agreement
TABLE OF CONTENTS Page
ARTICLE 1 DEFINITIONS 3
ARTICLE 2 SCOPE OF THE AGREEMENT 4
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 8
ARTICLE 4 UNION ACCESS AND STEWARDS 12
ARTICLE 5 WAGES AND BENEFITS 13
ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 15
ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 18 ARTICLE 8 MANAGEMENT RIGHTS 19
ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 21
ARTICLE 10 REGULATORY COMPLIANCE 23
ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY 23 ARTICLE 12 APPRENTICES 23
ARTICLE 13 PRE-JOB CONFERENCES 24
ARTICLE 14 WORK OPPORTUNITIES PROGRAM 25
ARTICLE 15 SAVINGS AND SEPARABILITY 25
ARTICLE 16 WAIVER 26
ARTICLE 17 AMENDMENTS 26
ARTICLE 18 DURATION OF THE AGREEMENT 26
ATTACHMENT A - LETTER OF ASSENT 29
ATTACHMENT B - LOCAL RESIDENT ZIP CODES 30
ATTACHMENT C - CRAFT REQUEST FORM 31
ATTACHMENT D - DRUG AND ALCOHOL TESTING POLICY 33
City of Lancaster 2 Community Workforce Agreement
CITY OF LANCASTER
COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement ("Agreement") is entered into by and between the City of Lancaster and its successors or assigns, ("City"), the Los Angeles/Orange Counties Building and Construction Trades Council ("Council"), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the "Union" or "Unions"). This Agreement establishes the labor relations Policies and Procedures for the City and for the craft employees represented by the Unions engaged in the City's Improvement Projects as more fully described below. The City, Council and Unions are hereinafter referred to herein, as the context may require, as "Party" or "Parties."
It is understood by the Parties to this Agreement that if this Agreement is acceptable to the City, it will become the policy of the City for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as "Attachment A"), and to require each of its subcontractors, of whatever tier, to become bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City.
ARTICLE I
DEFINITIONS
Section 1.1 "Agreement" means this Community Workforce Agreement.
Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.
Section 1.3 "Construction Contract" and "Construction Contracts" means any contract entered into by the as defined by Section 2.2.
Section 1.4 "Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City's or contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement.
Section 1.5 "City" means the City of Lancaster.
Section 1.6 "Joint Labor/Management Apprenticeship Program" as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.
Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such City of Lancaster 3 Community Workforce Agreement
Contractors) to adherence to all the forms, requirements, and conditions of this Agreement in the form attached hereto as Attachment A.
Section 1.8 "Master Labor Agreements" or "MLA" as used in this Agreement means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.
Section 1.9 "Project," "City Project" or "Project Work" means the construction work to be performed on City property or within easements secured by the City consisting of the construction of public projects, as defined in Section 22002 of the California Public Contract Code, pursuant to a Construction Contract éntered into by the City, as more fully described in Article 2, below.
Section 1.10 "Subscription Agreement" means the contract between a Contractor and a Union's Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of a Master Labor Agreement.
Section 1.11 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance.
ARTICLE 2
SCOPE OF THE AGREEMENT
Section 2.1 General This Agreement shall apply and is limited to all of the City's Project Work, as specified in Section 2.2 of this Article, performed by those Contractors) of whatever tier that have contracts awarded for such work, for the development of the City's facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation.
Section 2.2 Specific The work covered by this Agreement is defined and limited to:
All construction and rehabilitation work pursuant to prime multi-trade contracts that exceed $175,000.00 and all subcontracts arising from these prime contracts; and (b) All prime specialty contracts that exceed $100,000.00, and all subcontracts arising from these specialty contracts;
(c) It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not set forth in subsections (a) and (b), above.
Section 2.3 Bundling of Contracts The Parties understand that, to the maximum extent feasible, and consistent with goals of the City to (i) utilize this Agreement as the labor relations policy for its construction and rehabilitation program and (ii) fully utilize the services of local small business enterprises for such construction and rehabilitation work:
City of Lancaster 4 Community Workforce Agreement
The City, in its sole discretion, will seek to group (or "bundle") for bidding, contracts not meeting the thresholds of Section 2.2 (a) or (b) above. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and
(b) Project Work will not be split, divided, or otherwise separated for contract award purposes to avoid application of this Agreement.
Section 2.4 This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.
Section 2.5 Exclusions Items specifically excluded from the Scope of this Agreement include the following:
(a) Work of non-manual employees, including but not limited to: superintendents; supervisors; staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees; (b) Equipment and machinery owned or controlled and operated by the City; All off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of materials or goods between locations on a Project site are within the scope of this Agreement; (d) All employees of the City, Community Workforce Coordinator, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the CWA. (This inclusion applies to the scope of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Inspector performing under the Wage classification of Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement of a construction contract shall be bound to all applicable requirements of the CWA.) Covered Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded;
(e) Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by the City or its Contractors (for work for which is not within the scope of this Agreement); City of Lancaster 5 Community Workforce Agreement
(f) Off-site maintenance of leased equipment and on-site supervision of such work; It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer's or vendor's warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner's and/or manufacturer's personnel. The Unions agree to install such material, equipment, and systems without incident; (h) Non-construction support services contracted by the City, Community Workforce Coordinator, or Contractor in connection with this Project; (i) Laboratory work for testing;
(i) Any work that would ordinarily be subject to this Agreement, but has been deemed immediately required as a result of a local emergency, in accordance with the emergency contracting procedures set forth in Section 22050 of the Public Contract Code Section 2.6 Awarding of Contracts
(a) The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project to any Contractor notwithstanding the existence or non- existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is willing, ready and able to execute and comply with this Community Workforce Agreement should such Contractor be awarded work covered by this Agreement. (b) It is agreed that all Contractors and subcontractors of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Community Workforce Agreement, and shall evidence their acceptance by the execution of the Letter of Assent as set forth in Attachment A hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later. (c) The City agrees that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, it will use its best efforts to purchase materials, equipment and supplies which will not create labor strife. Under all circumstances, however, the City shall retain the absolute right to select the lowest reliable and responsible bidder for the award of contracts on all projects.
City of Lancaster Community Workforce Agreement
Section 2.7 Coverage Exception
(a) This Agreement shall not apply if the City receives funding or assistance from any Federal, state, local or other public entity for the Construction Contract it a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contras to that the City not regit, bide rontra tabor surantrations or other persons or ere estationhe es forem the or this A ferment in The City me thai will or gravery authority.
Section 2.8 Master Labor Agreements
(a) The provisions of this Agreement, including the MLAs, (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over the work on the Project, as such may be changed from time-to-time and which are incorporated herein by reference) shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreement which may conflict with or differ from the terms of this Agreement. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a MLA and not covered by this Agreement, the provisions of the MLA shall prevail. Any dispute as to the applicable source between this Agreement and any MLA for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 10.
(b) It is understood that this Agreement, together with the referenced MLA's, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Community Workforce Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Participation Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described herein, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.
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Section 2.9 Workers' Compensation Carve-out The Parties recognize the potential which the Project Work may provide for the implementation of a cost effective workers' compensation system, as permitted by revised California Labor Code Section 3201.5, and it is understood that the City is in an ongoing review of the value of such a program. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the City for the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers' compensation benefits and medical coverage as permitted by the California Labor Code.
Section 2.10 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.
Section 2.11 Other City Work This Agreement shall be limited to the construction work within the Scope of this Agreement including, specifically, site preparation and related demolition work, and new construction and major rehabilitation work for new or existing facilities referenced in Section 2.2 above. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City Employees or contracted for by the City for its own account, on its property or in and around a Project site.
Section 2.12 Separate Liability It is understood that the liability of the Contractors) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor.
Section 2.13 Completed Project Work As areas of covered work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check- out and/or warranties functions required by its contracts) with the City.
ARTICLE 3
UNION RECOGNITION AND EMPLOYMENT
Section 3.1 Recognition The Contractor recognizes the Council and the signatory local Unions as the exclusive bargaining representative for the employees engaged in Project Work.
Contractors further recognize that the Unions shall be the primary source of all craft labor employed on City Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below.
Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, unless expressly limited or required by a specific provision of this Agreement or an MLA. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any required reporting pay; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement.
City of Lancaster 8 Community Workforce Agreement
Section 3.3 Referral Procedures
(a) For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.
(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The local Unions will work with their affiliated regional and national unions, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City.
(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor.
Section 3.4 Non-Discrimination in Referral, Employment, and Contracting The Unions and the Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status or disability. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City's policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.
Section 3.5 Employment of City Residents
(a) The Unions and Employers agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft "Local Residents" as defined herein, to fulfill the requirements of the Employers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agree to support the hiring of workers from the residents of these surrounding City of Lancaster 9 Community Workforce Agreement
areas. Towards that end, the Parties hereby establish a goal that 30% of all construction labor hours worked on the Project shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing: first, in those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zip codes attached hereto as "Attachment B", second, area residents residing within the greater Antelope Valley area, as reflected on the list of U.S. Postal Service zip codes attached hereto as "Attachment B", third, area residents residing within the remainder of the County of Los Angeles. For dispatch purposes, employees described in this Section 3.5(a) shall be referred to as "Local Residents."
(b) A goal of 30% of the total work hours performed on the Project shall be from qualified workers described in (a) above. In addition, a goal of 10% of the total work hours shall be from transitional workers residing within the greater Antelope Valley area, as reflected on the attached list of zip codes.
(c) The Unions shall coordinate with community-based job placement organizations to ensure transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are referred to the Unions from such organizations. The community-based job placement organizations shall pre- screen any applicant prior to referral to the Unions. Drug screening will be a prerequisite to employment. The following criteria will be used to identify transitional workers:
having a gross household income below 50% of the Los Angeles County median; being homeless;
a welfare recipient;
- having a history of involvement with the justice system; - being unemployed for the previous three (3) months; or - a custodial single parent.
For the applicant to qualify under this program, the community-based job placement organizations shall verify the presence of at least one of the above criteria for those applicants referred to the Unions.
Contractors and Unions will administer this local residency and disadvantaged worker preference, and shall maintain adequate records to demonstrate that local residency and disadvantaged worker preferences have been pursued. The City has the authority to review such records to ensure compliance.
Section 3.6 To facilitate the dispatch of local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as Attachment C. When local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are requested by the Employers, the Unions will refer such workers regardless of their place in the Unions' hiring halls' list and normal referral procedures.
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Section 3.7 Helmets to Hardhats The Employers and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term "Eligible Veteran" shall have the same meaning as the term "veteran" as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified City resident to provide the Unions with proof of his/her status as an Eligible Veteran.
The Unions and Employers agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
Section 3.8 Core Employees
(a) Contractors which are not independently signatory to a Master Labor Agreement may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. This provision applies only to Contractors which are not independently signatory to a Master Labor Agreement and is not intended to limit the transfer provisions of the MLA of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the Union referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site.
(b) The core work force is comprised of those employees whose names appeared on the Contractor's active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade; and who have been residing within the zip codes within the boundaries of the City for the one hundred (100) working days immediately prior to the award of Project Work to the Contractor.
(c) Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, City of Lancaster 11 Community Workforce Agreement
quarterly tax records, driver's license, voter registration, postal address and such other documentation) evidencing the core employee's qualification as a core employee to the Council.
Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above.
Section 3.9 Time for Referral If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union of any applicants hired from other sources within forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, if any, prior to their first day of employment at a project site.
Section 3.10 Lack of Referral Procedure If a signatory local Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.
Section 3.11 Union Membership No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of Project Work; provided, however, that any employee who is a member of the referring Union at the time of referral shall maintain that membership in good standing while employed under this Agreement. All employees shall, however, be required to comply with the Union security provisions of the applicable MLA for the period during which they are performing on-site Project Work to the extent, as permitted by law, of rendering payment of the applicable monthly and working dues only, as uniformly required of all craft employees while working on the Project and represented by the applicable signatory Union.
Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that grour be for claid ation senies ty lay Union's MILA as of the effective date of this Agreement shall Section 3.13 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.
ARTICLE 4
UNION ACCESS AND STEWARDS
Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and City of Lancaster 12 Community Workforce Agreement
further provided that such representatives fully comply with posted visitor, security and safety rules.
Section 4.2 Stewards
(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts.
(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. Each steward should be concerned only with the employees of the steward's Contractor and, if applicable, subcontractors), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties.
(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.
(d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.
Section 4.3 Steward Layoff/Discharge The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable MLA, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor. and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice have been given.
Section 4.4 Employees on Non-Project Work On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a Party to ARTICLE 5
WAGES AND BENEFITS
Section 5.1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those City of Lancaster 13 Community Workforce Agreement
classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLAs are required to pay all of the wages set forth in those MLAs without reference to the forgoing.
Section 5.2 Benefits
(a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee-authorized deductions in the amounts designated in the appropriate MLA, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination.
Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLA are required to make all contributions set forth in those MLA without reference to the foregoing. Bona fide jointly-trusteed benefit plans or authorized employee deduction programs established or negotiated under the applicable MLA or by the Parties to this Agreement during the life of this Agreement may be added. (b) The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreements) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.
(c) Each Contractor and subcontractor is required to maintain records evidencing that it has paid all benefit contributions due and owing to the appropriate Trusts) prior to the receipt of its final payment and/or retention. Further, a Union shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made.
In the event of failure of a prime Contractor or subcontractor to timely make the delinquent payments, a Union may request that the City or the prime Contractor withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.
Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.
Section 5.4 Compliance with Prevailing Wage Laws. The Parties agree that the City shall monitor the compliance by all Contractors and subcontractors with all applicable federal and state prevailing wage laws and regulations, and that such monitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage in Article 2, Section 2.2. All complaints regarding possible prevailing wage violations shall be referred to the City for processing, investigation and resolution, and if not resolved within thirty calendar days, may be referred by any party to the state labor commissioner.
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ARTICLE 6
WORK STOPPAGES AND LOCK-OUTS
Section 6.1 No Work Stoppages or Disruptive Activity The Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible.
Section 6.2 Employee Violations The Contractor may discharge any employee violating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.
Section 6.3 Standing to Enforce The City or any Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to enforce the obligations established therein.
Section 6.4 Expiration of the MLA's If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreements) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:
(a) Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union's interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County.
(b) Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who City of Lancaster 15 Community Workforce Agreement
performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees. (c) Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph (a) above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph (b) above. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected option (b).
Section 6.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Project Work during the term of this Agreement. The term "lock-out" refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does "lock-out" include the City's decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.
Section 6.6 Best Efforts to End Violations
(a) If a Contractor contends that there is any violation of this Article or Section 7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involved Union(s) and the City. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article.
(b) If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the City, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8. The City shall promptly order the involved Contractors) to cease any violation of the Article.
Section 6.7 Withholding of services for failure to pay wages and fringe benefits Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who:
(a) fails to timely pay its weekly payroll; or
(b) fails to make timely payments to the Union's Joint Labor/Management Trust Funds in accordance with the provisions of the applicable MLA. Prior to withholding its members' services for the Contractor's failure to make timely payments to the Union's Joint City of Lancaster 16 Community Workforce Agreement
Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union's MLA, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute.
(c) Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.
Section 6.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1 or 6.5, above, or Section 7.3 is alleged. (a) The Party invoking this procedure shall notify Louis Zigman who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify one of the alternates selected by the Parties, as set forth under section
9.2, Step 3 (a), in that order on an alternating basis. Expenses incurred in arbitration shall be borne equally by the Parties involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way.
Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt. (b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 6.6, as above. (c) The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Sections 6.1 or
6.5, above, or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, (except for damages as set forth in 6.8 below) which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance.
City of Lancaster 17 Community Workforce Agreement
(e) Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section 6.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation.
(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue.
(g) The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.
ARTICLE 7
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 7.1 Assignment of Work The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.
Section 7.2 The Plan
building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction I rades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement. (a) If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator's hearing on the dispute shall be held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.
Section 7.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer's assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.
City of Lancaster 18 Community Workforce Agreement
Section 7.4 Pre-Job Conferences As provided in Article 13, each Contractor will conduct a pre-job conference with the appropriate affected Union(s) prior to commencing work. The Council and the Community Workforce Coordinator shall be advised in advance of all such conferences and may participate if they wish.
Section 7.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6 above.
ARTICLE 8
MANAGEMENT RIGHTS
Section 8.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work, as set forth in this Article, without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to:
(a) Plan, direct and control operations of all work;
(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;
(c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations;
(d) Discharge, suspend or discipline their own employees for just cause; (e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable MLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
Section 8.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City's rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;
City of Lancaster 19 Community Workforce Agreement
Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;
(c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City's Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractors) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the applicable MLA;
(d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and
(e) Investigate and process complaints, in the matter set forth in Articles 6 and 9.
Section 8.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law in reference to offsite construction.
Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. The City shall advise all Contractors of, and enforce as appropriate, the off-site application of the prevailing wage law as it affects Project Work.
Section 8.4 Special Equipment, Warranties and Guaranties (a) It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer's or vendor's warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner's and/or manufacturer's personnel. The Unions agree to install such material, equipment, and systems without incident; (b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.
City of Lancaster 20 Community Workforce Agreement
(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Unions) shall have the right to proceed through the procedures set forth in Articles.
ARTICLE 9
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 9.1 Cooperation and Harmony on Site
(a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the City and the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.
(b) The Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.
(c) The Unions and/or Council shall oversee the processing of grievances under this Article and Articles 6 and 7, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.
Section 9.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLA's, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.
Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the City of Lancaster 21 Community Workforce Agreement
provisions) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.
Union or Contractor Grievances Should the Unions) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint.
Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. It the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.
Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the other party to the grievance (with copy (ies) to the other Party (ies)) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Edna Francis; (2) Louis Zigman; (3) Fredric Horowitz; (4) Sara Adler; (5) William Rule; (6) Walt Daugherty; and (7) Michael Rappaport. The decision of the arbitrator shall be final and binding on all Parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).
(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add too, or detract from any of the provisions of this Agreement.
(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e., conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractors) involved.
Section 9.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.
Section 9.4 Notice The City shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the City may, in its sole discretion, designate a City staff member to participate fully as a party in all proceedings at such steps.
City of Lancaster 22 Community Workforce Agreement
ARTICLE 10
REGULATORY COMPLIANCE
Section 10.1 Compliance with All Laws The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.
Section 10.2 Monitoring Compliance The Parties agree that the City shall require, and that the Council and Unions may monitor, compliance by all Contractors and subcontractors with all federal and state laws regulation that, from time to time may apply to Project Work. It shall be the responsibility of the Council to investigate or monitor compliance with these various laws and regulations. The Council may recommend to the City procedures to encourage and enforce compliance with these laws and regulations.
Section 10.3 Prevailing Wage Compliance The Council or Union shall refer all corpints angardinesy poemplains, consistent with it te the City, -4 the prosit or Union, as appropriate, shall be advised in a timely manner with regard to the facts and resolution, if any, of any complaint. It is understood that this Section does not restrict any individual rights as established under the State Labor Code, including the rights of an individual to file a complaint with the State Labor Commissioner.
Section 10.4 Violations of Law Based upon a finding of violation by the City of a federal and state law, and upon notice to the Contractor that it or its subcontractors is in such violation, the City, in the absence of the Contractor or subcontractor remedying such violation, shall take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. Additionally, in accordance with the Agreement between the City and the Contractor, the City may cause the Contractor to remove from Project Work any subcontractor who is in violation of state or federal law.
ARTICLE 11
SAFETY AND PROTECTION OF PERSON AND PROPERTY
The Parties adopt the Los Angeles/Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment D and which shall be the policy and procedure utilized under this Agreement.
ARTICLE 12
APPRENTICES
Section 12.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the City of Lancaster 23 Community Workforce Agreement
construction program. To these ends, the Parties will facilitate, encourage, and assist local will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.
Section 12.2 Use of Apprentices
(a) Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft's work force at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards ("DAS"), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.
(b) The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers. The Unions will assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.
The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice's progress through the program in which he is participating.
All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman's qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker's qualification as a journeyman to the Council.
ARTICLE 13
PRE-JOB CONFERENCES
Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) prior City of Lancaster 24 Community Workforce Agreement
to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Council and the Community Workforce Coordinator shall be advised in advance of all such conferences and may participate if they wish.
All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre- Job conference in accordance with industry practice. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Should there be any formal jurisdictional dispute raised under Article 8, the Community Workforce Coordinator shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project.
ARTICLE 14
WORK OPPORTUNITIES PROGRAM
Section 14.1 The Parties to this Agreement support the development of increased numbers of skilled construction workers from among the Area Residents residing within the geographic area serviced by the City of Lancaster, to meet the labor needs of the Project, specifically, and the requirements of the local construction industry generally. Towards that end the Parties agree to cooperate respecting the establishment of a work opportunities program for these Area Residents, the primary goals of which shall be to maximize construction work opportunities for traditionally underrepresented members of the community. In furtherance of the foregoing, the Unions specifically agree to:
e Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Area Residents as journeymen, and apprentices on the Project and entrance into such qualified apprenticeship and training programs as may be operated by signatory Unions; and
Assist Area Residents in contacting pre-apprenticeship programs that utilize the Building Trades multi-craft core curriculum (MC3) and the Apprenticeship Training Committees for the crafts and trades they are interested in. The Unions shall assist Area Residents who are seeking Union jobs on the Project and Union membership in assessing their work experience and giving them credit for provable past experience in their relevant craft or trade, including experience gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Area Residents for work on this Project; and c) Support local events and programs designed to recruit and develop adequate numbers of qualified workers in the construction industry.
ARTICLE 15
SAVINGS AND SEPARABILITY
Section 15.1 Savings Clause It is not the intention of the City, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are City of Lancaster 25 Community Workforce Agreement
wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.
Section 15.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.
ARTICLE 16
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.
ARTICLE 17
AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto.
ARTICLE 18
DURATION OF THE AGREEMENT
Section 17.1 Duration
This Agreement shall be effective from the date signed by all Parties for all contracts that are executed after July 1, 2018, and shall remain in effect for a period of five (5) years with three one-year renewals upon mutual written agreement of the Parties, unless either Party provides written notice of its intent to terminate, sent no later than sixty (60) days prior to the termination date or successor termination date; provided, however, that this Agreement may be extended by mutual written agreement of the Parties. Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement.
City of Lancaster 26 Community Workforce Agreement
(b) This Agreement may be extended by mutual consent of the City and the signatory Unions for such further periods as the Parties shall agree to.
Section 17.2 Turnover and Final Acceptance of Completed Work (a) Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contracts) with the City. (b) Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a "punch" list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any "punch" list work, as well as any additional work required of a Contractor at the direction of the City pursuant to (a) above, involving otherwise turned-over and completed facilities which have been accepted by the City, will be available from the Community Workforce Coordinator.
IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated
CITY OF LANCASTER LOS ANGELES/ORANGE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
Whith
By: By:
er Mark V. Bozigian Ron Miller
City Manager Executive Secretary
City of Lancaster 27 Community Workforce Agreement
ATTACHMENT A - LETTER OF ASSENT
To be signed by all contractors awarded work covered by the Community Workforce Agreement prior to commencing work.
[Contractor's Letterhead]
City of Lancaster
1234 address
City, state, zip code
Attn:
Re: Community Workforce Agreement - Letter of Assent
Dear Sir:
This is to confirm that [name of company] agrees to be party to and bound by the City of Lancaster Community Workforce Agreement effective _ 201_, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms.
Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely.
[Name of Construction Company]
By: L ] Name and Title of Authorized Executive
Contractor's State License No:
Project Name:
[Copies of this letter must be submitted to the City and to the Council.] City of Lancaster 29 Community Workforce Agreement
• ..
ATTACHMENT B
LOCAL RESIDENT ZIP CODES
(TIER 1)
LANCASTER RESIDENTS
93534
93535
93536
93539
93551
93584
93586
(TIER 2)
ANTELOPE VALEY RESIDENTS
91390
93501
93510
93523
93532
93543
93550
93552
93553
93554
93560
93590
93591
93599
(TIER 3)
THE REMAINING AREA ZIP CODES IN LOS ANGELES COUNTY
City of Lancaster 30 Community Workforce Agreement
ATTACHMENT C
CITY OF LANCASTER
CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records.
The City of Lancaster Community Workforce Agreement establishes a goal that 30% of all of the labor and craft positions shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft 'ore Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing irst, in those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zi codes attached hereto as "Attachment B", second, area residents residing within the greater Antelope Valley area, as reflected on the list of U.S. Postal Service zip codes attached hereto as "Attachment B", third, area residents residing within the remainder of the County of Los Angeles. For dispatch purposes, employees described herein shall be eferred to as "Local Residents." In addition, a goal of 10% of all of the labor and craft positions shall be from qualified transitional workers residing within the greater Antelope Valley area, as reflected on the attached list of zip codes. The following criteria will be used to identify transitional workers: having a gross household income below 0% of the Los Angeles County median; being homeless; a welfare recipient; having a history of involvement wit le justice system; being unemployed for the previous three (3) months; or a custodial single paren TO THE UNION: Please complete the "Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.
CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:
Ce: Community Workforce Coordinator
From: Company: Issued By:
Contact Phone: () Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.
Craft Journeyman Number of
Classification Local Resident or workers Report Report Time (i.e., plumber, or General Dispatch Date
painter, etc.) Apprentice needed
TOTAL WORKERS REQUESTED =
Please have workers) report to the following work address indicated below:
Project Name: Site:_ Address:
Report to: On-site Tel: On-site Fax:
Comment or Special Instructions:
City of Lancaster Community Workforce Agreement
UNION USE ONLY
Date dispatch request received:
Dispatch received by:
Classification of worker requested:
Classification of worker dispatched:
WORKER REFERRED
Name:
Date worker was dispatched:
Is the worker referred a: (check all that apply)
JOURNEYMAN Yes No
APPRENTICE Yes No
LOCAL RESIDENT Yes_
GENERAL DISPATCH FROM OUT OF WORK LIST Yes
This form is not intended to replace a Local Union's Dispatch or Referral Forn normally given to the employee when being dispatched to the jobsite.
City of Lancaster 32 Community Workforce Agreement
ATTACHMENT D
LOS ANGELES/ORANGE COUNTIES
BUILDING AND CONSTRUCTION TRADES COUNCIL
APPROVED
DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs.
Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing.
It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer's job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement ("CWA").
2. No Employer may implement a drug testing program which does not conform in all respects to the provisions of this Policy.
No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of the CWA, and the Employer may not implement any form of drug testing at such jobsite for the following six months.
4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project to be tested. With respect to individuals who become employed on the Project subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.
5. The following procedure shall apply to all drug testing:
a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or City of Lancaster 33 Community Workforce Agreement
in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. The testing shall be done by a laboratory approved by the National Institute on Drug Abuse (NIDA), which is chosen by the Employer and the Union.
C. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).
Cutoff levels for both the initial test and confirmation test will be those established by the National Institute on Drug Abuse. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by NDA. The retest must be performed within ten (10) days of the request.
Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant's or employee's expense. In the event of conflicting test results the Employer may require a third test.
e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project shall again be subjected to drug testing with the following exceptions:
Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove.
2. The Employer may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.
3. The Employer may test an employee where the Employer has Reasonable ause belie thined as exhoi inerane romuseat behavior, the rype of which City of Lancaster 34 Community Workforce Agreement
is a recognized and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union's bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer's payroll. g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.
6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test;
b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project;
C. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by a N.I.D.A. certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic tests may be performed in a twelve month period.
It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Employer to remove the employee from the jobsite.
8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.
The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be foun unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the City of Lancaster 35 Community Workforce Agreement
parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision.
Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee's expense. When such program has been successfully completed the Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated.
11. The Employer agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.
Such records shall not be released to any persons or entities other than designated Employer representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.
12. The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder.
13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.
14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties.
City of Lancaster 36 Community Workforce Agreement
DRUG ABUSE PREVENTION AND DETECTION
APPENDIX A
CUTOFF LEVELS
SCREENING SCREENING CONFIRMATION CONFIRMATION
DRUG METHOD LEVEL ** METHOD LEVEL
Alcohol EMIT .02% CG/MS .02%
Amphetamines EMIT 1000 ng/m* CG/MS 500 ng/ml*
Barbiturates EMIT 300 ng/ml CG/MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml CG/MS 300 ng/ml
Cocaine EMIT 300 ng/ml* CG/MS 150 ng/ml*
Methadone EMIT 300 ng/ml CG/MS 100 ng/ml
Methaqualone EMIT 300 ng/ml CG/MS 300 ng/ml
Opiates EMIT 300 ng/ml* CG/MS 300 ng/ml*
PCP (Phencyclidine) EMIT 25 ng/ml* CG/MS 25 ng/ml*
THC (Marijuana) EMIT 100 ng/ml* CG/MS 15 ng/ml*
Propoxyphene EMIT 300 ng/ml CG/MS 100 mg/ml
* NTDA specified threshold
A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level.
EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
City of Lancaster 37 Community Workforce Agreement
SIDE LETTER OF AGREEMENT
TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the parties hereto that an Employer who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This "quick" screen test shall consist either of the "ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two "quick" screen tests, or to reject both and request a full drug test.
An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related City of Lancaster 38 Community Workforce Agreement
AMENDMENT NO. I
TO THE
COMMUNITY WORKFORCE AGREEMENT
BY AND BETWEEN
THE CITY OF LANCASTER
AND
LOS ANGELES/ORANGE COUNTIES BUILDING AND
CONSTRUCTION TRADES COUNCIL
AND THE SIGNATORY
LOCAL UNIONS AND DISTRICT COUNCILS
LA/OCBTC 7/9/2020
THIS AMENDMENT NO. I to the Community Workforce Agreement ("Amendment") is entered into as of July 29, 2020 and is by and between the Los Angeles/Orange Counties Building and Construction Trades Council and the signatory Local Unions and District Councils (collectively "Unions") and the City of Lancaster ("City") (collectively "Parties").
RECITALS:
A. On July 1, 2018, the Parties entered into that certain Community Workforce Agreement ("'Existing CWA").
B. Section 2.2 of the Existing CWA provides that the work covered by this Agreement is defined and limited to:
(a) All construction and rehabilitation work pursuant to prime multi-trade contracts that exceed $175,000.00 and all subcontracts arising from these prime contracts; and
(b) All prime specialty contracts that exceed $100,000.00, and all subcontracts arising from these specialty contracts;
(c) It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not set forth in subsections (a) and (b), above.
C. The Parties desire to include, as additional work to be covered by the Existing CWA, certain additional construction work in which the City has a propriety interest.
D. City and the Unions desire to amend the Existing PLA as set forth in this Amendment.
NOW, THEREFORE, it is mutually agreed by and between the Parties as follows:
AGREEMENT:
1. Section 2.2 of the Existing CWA is hereby amended by adding the following new subsection (d) as follows:
(d) Work covered by this Agreement shall also include projects built by, with or for the City where the City has a "Proprietary Interest" in a project. For the purposes of this Article, Proprietary Interest means: Where the City provides a cash payment, tax credit, loan or where the City transfers an asset of value for less than fair market price for the project site or project to be developed that exceeds one-million dollars.
2. New subsection (b) is hereby added to Section 2.7 as follows:
LA/OCBTC 7/9/2020
(b) Should the City receive funding or assistance from any federal agency that prohibits the use of a geographic-based hiring preferences, then such geographic- based hiring preferences, as set forth in Sections 3.5, 3.6, 3.8 and 12.1 in this Agreement, shall not apply to the work funded by such federal source.
3. Section 3.11 is hereby deleted in its entirety and replaced with the following:
Section 3.11 Union Membership No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of Project Work; provided, however, that any employee who is a member of the referring Union at the time of referral shall maintain that membership in good standing while employed under this Agreement.
4. Except as expressly amended by this Amendment, the Existing WA remains in full force and effect as originally executed.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and delivered as of the date signed below by all Parties.
LOS ANGELES/ORANGE COUNTIES
BUILDING AND CONSTRUCTION
TRADES COUNCIL
nall
BY: -
Dated: S-10-2020
CITY OF LANCASTEI
ocuSigned by
Briason Caudle
Date 37EA 300891.... August 17, 2020
/ 10:14:11 AM PDT
ATTEST:
DocuSigned by:
Andrea Alexander
APPROVED AS TO FORM:
LA/OCBTC 7/9/2020
•DS • DocuSigned by:
mT gecalya Taso
032C592003B94CE _City
Attorney
LA/OCBTC 7/9/2020
ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
1/30/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
NAME Certificate Desk
Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services FAC, NO):
301 E Colorado Blvd, Suite 205 (A/C. Ne. Exti: 818-844-4110 E-MAIL
Pasadena CA 91101 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
License#: OM93299 INSURERA: The Continental Insurance Company 35289 INSURED ANGECON-02
INSURER B: American Casualty Company of Reading, 20427
Angeles Contractor, Inc. 20508
783 Phillips Dr INSURER C: Valley Forge Insurance Company City of Industry CA 91748-1147 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 163601233 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ELUSIONS AND ONE POISON HAVE RECREASEE TO ALL THE TERMS.
INSR TYPE OF INSURANCE POLICY NUMBER LIMITS
LTR INSD WVD
COMMERCIAL GENERAL LIABILITY 4033039664 9/1/2024 9/1/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED | $ 100,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
Deductible $1000 MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PECT LOC PRODUCTS-COMPOP AGO $2.00.000
OTHER:
AUTOMOBILE LIABILITY 5095610531 9/1/2024 9/1/2025 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident)
X ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
Coll 1000 Comp 1000
A X UMBRELLA LIAB OCCUR 5095610562 9/1/2024 9/1/2025 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE
X RETENTIONS SO 3200000
DED Excess over GL AL EL
C WORKERS COMPENSATION 7094398780 9/1/2024 9/1/2025
AND EMPLOYERS' LIABILITY Y / N
N/ A EL EACH ACCIDENT $ 1,000,000
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 describe unde
DESCRIPTION OF OPERATIONS belov ELL. DISEASE - POLICY LIMIT $ 1,000,000 subject to al police terms, exclusions and condios, Umbria Lay sole dad are more a rain.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Chuk H1. Look
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
COMMENTS/REMARKS
*CRIME - $1 Mil / $10,000 Retention
Policy #BD3-D279975-03
Insurance Carrier: The Hanover Casualty Company
Effective 6/10/2024 - 6/10/2025
*POLLUTION INCIDENT LIABILITY INSURANCE & PROFESSIONAL
Omissions) Total Limits $5,000,000
Policy #5091864486
Insurance carrier: Columbia Casualty Company
Effective 9/01/2024 - 9/01/2025
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury - Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability - Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury - Exception for Reasonable Force
11. General Aggregate Limits of Insurance - Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability - Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
20020006440330396643602 19. Non-owned Watercraft
20. Personal And Advertising Injury - Discrimination or Humiliation
21. Personal And Advertising Injury - Contractual Liability
22. Property Damage - Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation - Blanket
26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and 2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 20020006440330396643603 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution trom that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY - EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; ol B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.
6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following:
This insurance does not apply to:
20020006440330396643604 k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.
I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard.
This exclusion does not apply:
(1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY - RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
8. ELECTRONIC DATA LIABILITY
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of:
(1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, torensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data.
C. The following definition is added to DEFINITIONS:
Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following:
Property damage means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use 20020006440330396643605
shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it.
For the purposes of this insurance, electronic data is not tangible property.
E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit.
9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Insured's business.
10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.
D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
20020006440330396643606
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
ili. add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
i. add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a. (1) of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b. (1) in its entirety and replace it with the following:
Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; 20020006440330396643607 b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS.
Please see that provision for the definition of consolidated (wrap-up) insurance program.
15. LEGAL LIABILITY - DAMAGE TO PREMISES | ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
j- Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard.
Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises.
However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below.
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control;
16. LIQUOR LIABILITY
20020006440330396643608 Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit.
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, the Insuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and
18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B - Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.
2. add the following exclusions:
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
This insurance does not apply to:
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;
20020006440330396643609 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B-Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE - ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b. (1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged 20020006440330396643610 This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74705XX (1-15) Policy No: 4033039664
The Continental Insurance Co. Effective Date: 09/01/2023 Insured Name: ANGELES CONTRACTOR, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission
WORKERS COMP
CNA G-19160-B (11-1997)
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G-19160-B (11-1997) Policy No: 7094398780
Endorsement Effective Date: 09/01/2024 Endorsement Expiration Date: 09/01/2025 Endorsement No: [I] ; Page: 1 of 1 Policy Effective Date: 09/01/2024 Policy Page: 1 of 1
Underwriting Company: Valley Forge Insurance Company
® Copyright CNA All Rights Reserved.
Angeles Contractor Inc - 5095610531 - Effective 09/01/24 CNA63359XX CNA (Ed. 04/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business.
A. Who Is An Insured
"Policy," as used in this provision A. Who Is An
The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1., Who Is An Insured: on the inception date of this Coverage Form but:
1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the
voting stock on the date of inception of 2. Whose limits have been exhausted this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows:
that is an "insured" under any other
liability "policy" providing "auto" coverage. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and
2. Any organization you newly acquire or form,
other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to $500 a day. you maintain majority ownership interest.
C. Fellow Employee
The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation
Such coverage as is afforded by this provision C.
date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form,
or the next anniversary of its inception Il. PHYSICAL DAMAGE COVERAGE date, whichever is earlier.
A. Glass Breakage - Hitting A Bird Or Animal -
b. Does not apply to: Falling Objects Or Missiles
(1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by "accident" that A.3.:
30020000450830987042870
occurred before you acquired or
With respect to any covered "auto," any deductible
formed the organization; or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us, rather than replaced. "policy" providing "auto" coverage. B. Transportation Expenses
3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with required by a written contract to name as an
additional insured is an "insured" but only with respect to transportation expense incurred by you, respect to their legal liability for acts or to provide:
omissions of a person, who qualifies as an a. $60 per day, in lieu of $20; subject to "insured" under Section II - Who Is An
Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of $600. afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary
and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide:
4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of $600. contract or agreement in that "employee's"
CNA63359XX Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA63359XX
(Ed. 04/12)
D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision.
G. Diminution In Value
5. Hired "Autos" The following is added to Section III, Paragraph B.6.:
If Physical Damage coverage is provided under
this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to:
extended to:
a. Any covered "auto" of the private
a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 days or less, while performing duties
b. Any covered "auto" hired or rented by related to the conduct of your business; your "employee" without a driver, under a
and
ontract in that individual "employee's'
name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee" without a driver for a period of 30 days or less, under a contract in that
C. The most we will pay for any one
individual "employee's" name, with your
"accident" or "loss" is the actual cash permission, while performing duties value, cost of repair, cost of replacement related to the conduct of your business. or $75,000, whichever is less, minus a
$500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of
accidental damage and not as a result of
d. The physical damage coverage as is
the failure to make repairs; faulty or
provided by this provision is equal to the incomplete maintenance or repairs; or the physical damage coverage(s) provided on installation of substandard parts. your owned "autos."
d. The most we will pay for "loss" to a
Such physical damage coverage for hired covered "auto" in any one accident is the "autos" will:
lesser of:
(1) Include loss of use, provided it is the (1) $5,000; or consequence of an "accident" for
which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV).
monetary loss is sustained by the
IlI. Drive Other Car Coverage - Executive Officers
leasing or rental concern.
(2) Such coverage as is provided by this The following is added to Sections Il and Ill:
provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per "accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your
The following is added to Section III, Paragraph "executive officers," except:
B.3.:
a. An "auto" owned by that "executive officer" or
The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown.
b. An "auto" used by that "executive officer"
F. Electronic Equipment while working in a business of selling, servicing, repairing or parking "autos."
Section III, Paragraphs B.4.c and B.4.d. are
deleted and replaced by the following: Such Liability and/or Physical Damage Coverage as is afforded by this provision.
c. Physical Damage Coverage on a covered
"auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories.
CNA63359XX Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA63359XX
(Ed. 04/12)
(2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written
2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from uS.
means a person holding any of the officer
positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse.
You must agree to that requirement prior to an
Such "executive officers" are "insureds" while "accident" or "loss." using a covered "auto" described in this provision.
C. Concealment, Misrepresentation or Fraud
IV. BUSINESS AUTO CONDITIONS
The following is added to Section IV, Paragraph
A. Duties In The Event Of Accident, Claim, Suit Or B.2:
Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided such failure or omission is not intentional.
(4) Your "employees" may know of an
"accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless
such "accident" or "loss" is known to you The following is added to Section IV, Paragraph or if you are not an individual, to any of B.5.:
your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when
required by a written contract. That written
(6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident" or "Loss." or "suit." This will not mean that you have E. Policy Period, Coverage Territory such knowledge, unless receipt of such
documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide:
officers or partners or your insurance
manager. a. 45 days of coverage in lieu of 30 days.
B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by 30020000450830987042871 the following:
The following is added to Section IV, Paragraph
A.5. Transfer Of Rights Of Recovery Against "Bodily injury" means bodily injury, sickness or disease sustainer or deares lig tom amental guise
CNA63359XX Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
GNA CNA Paramount Excess and Umbrella Liability
Policy Declarations
POLICY DECLARATIONS
Named Insured and Mailing Address
Named Insured: Mailing Address:
ANGELES CONTRACTOR, INC. 783 PHILLIPS
CITY OF INDUSTRY, CA 91748-1147
Policy Information Producer Information
Policy Number: 5095610562 Producer:
5095610562 MILLENNIUM RISK MGMT & INS SVCS
Renewal of:
790 THE CITY DR S STE 210
Insurer's Name and Address: ORANGE, CA 92868-4941
The Continental Insurance Company
151 N Franklin St
Producer Code: 240-014892
Chicago, IL 60606
Policy Period
09/01/2024 to 09/01/2025 at 12:01 a.m. Standard Time at your mailing address.
Limits of Insurance
Each Incident Limit $10,000,000
Aggregate Limit $10,000,000
Aggregate Products-Completed Operations Hazard Limit $10,000,000 Policy Aggregate Limit N/A
Crisis Management Expenses Aggregate Limit $300,000
Key Employee Replacement Expenses Aggregate Limit $100,000 Self-Insured Retention
Self-Insured Retention $0
Schedule of Underlying Insurance
Underlying Insurer
Policy Number
Policy Period
Note: Underlying Insurance Coverages Limits of Insurance Form No: CNA75501XX (03-2015) Policy No: CUE 5095610562 Policy Declarations Page: 1 of 4 Policy Effective Date: 09/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 12 of 64 ® Copyright CNA All Rights Reserved.
CNA Paramount Excess and Umbrella Liability
GNA
Policy Declarations
Continental Insurance General Liability Each Occurrence Limit $1,000,000 Company
4033039664
General Aggregate Limit $2,000,000
09/01/2024 to
Per Location : no
09/01/2025
Per Project : yes
Products/ Completed Operations
Aggregate Limit $2,000,000
Personal and Advertising Injury
Liability Limit $1,000,000
ALAE Outside Limits
Continental Insurance Employee Benefits Each Employee Limit $1,000,000 Company Liability Aggregate Limit
$1,000,000
4033039664
09/01/2024 to
09/01/2025
American Casualty Auto Liability Combined Single Limit $1,000,000 Company of Reading,
Pennsylvania
5095610531 ALAE Outside Limits
09/01/2024 to
09/01/2025
orm No: CNA75501XX (03-201! Policy No: CUE 5095610562
olicy Declarations Page: 2 of Policy Effective Date: 09/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 13 of 64 ® Copyright CNA All Rights Reserved.
GNA
EVEREST PREMIER Employers Liability Bodily Injury by Accident- Each INSURANCE COMPANY Accident Limit $1,000,000
CA10002821231 Bodily Injury by Disease - Policy
Limit $1,000,000
09/01/2024 to
09/01/2025 Bodily Injury by Disease - Each
Employee Limit $1,000,000
ALAE Outside Limits
In any jurisdiction, state, or province where the amount of Employers Liability Insurance provided by the Underlying Insurer(s) is by law "Unlimited", the underlying Employers Liability limit(s) shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy.
In any jurisdiction, state, or province where the amount of Employers Liability Insurance provided by the Underlying Insurer(s) is by law "Unlimited", the underlying Employers Liability limits) shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy.
Valley Forge Insurance Employers Liability Bodily Injury by Accident- Each Company Accident Limit $1,000,000
7094398780 Bodily Injury by Disease - Policy
Limit $1,000,000
09/01/2024 to
09/01/2025 Bodily Injury by Disease - Each
Employee Limit $1,000,000
In any jurisdiction, state, or province where the amount of Employers Liability Insurance provided by the Underlying Insurer(s) is by law "Unlimited", the underlying Employers Liability limit(s) shown in the above schedule do not apply and no coverage shall be provided for Emplovers Liability under this policy.
Employers Liability
Policy No: CUE 5095610562
Entering one the contentl anco compan 1 anths, Chico. 1 0606 Policy Effective Date: 09/01/2024 Policy Page: 14 of 64
® Copyright CNA All Rights Reserved.
GNA CNA Paramount Excess and Umbrella Liability
Policy Declarations
Forms and Endorsements Attached to this Policy
See SCHEDULE OF FORMS AND ENDORSEMENTS
Premium
Minimum Earned Premium 0% of the Total Premium
Total Premium $117,153.00
Premium includes the following amount for Certified Acts of $0 Terrorism Coverage
Notices
Notice to insurer
Address: CNA Claims Reporting
P.O. Box 8317
Chicago, IL 60680-8317
Fax #: 800-446-8632
Email Address: [email protected]
Form No: CNA75501XX (03-2015) Policy No: CUE 5095610562 Policy Declarations Page: 4 of 4 Policy Effective Date: 09/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 15 of 64 ® Copyright CNA All Rights Reserved.