Agenda packet — South El Monte City Council, October 10, 2023 (part 2 of 3)

- - - --------------------
As Advertised Bid Package, South El Moote
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Ooo.iment Control Page 153 of 230
Project Identification No.: 295
corner of T30S, R17E , MDM . Continue S to SW corner of T31S, R17E , MOM . Continue E to SW corner of T31S , R18E , MOM .

Continue s along West side of Rl8E, MOM as it crosses into San Bernardino Meridian numbering area and becomes R30W . Follow the west side of R30W, SBM to the SW corner of T9N , R30W , SBM .

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34 . T9N , R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM . Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM . Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N , R21W .

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N , R21W . Continue North along the East edge of R21W, SBM to the NE corner of Tl2N, R21W, SBM . Continue West along the north edge of Tl2N , SBM to the SE corner of T32S, R21E, MOM . [Tl2N SBM is a think strip between TllN SBM and T32S MOM] . Continue North along the East side of R21E , MOM to the Kings County and Kern County border at the NE corner of T25S, R21E , MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County . Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County . Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S , R16E, MOM.
$2 . 00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below :

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TlON , R22E , Mt . Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S , R29E, MDM .

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32 , T24S , R37E , MOM .

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34 , T24S, R40E, MOM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MOM . Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S , R42E , MOM .

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, APPLICABLE FEDERAL WAGE DECISION FWD-18

Page 129 of 269 ends

As Advertised Bid Package, South El Monte
T raffle Signal Improvements at Various Signalized Intersections, HSIPL -5352(020) City of South El Monte
Document Control Page 154 of 230
Project Identification No.: 295
T17N, R14E , San Bernardino Meridian . Then continue NW along the state line to the starting point, which is the center of Section 18 , TlON , R22E , MOM .

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
* ENGI0012-004 08/01/2023
OPERATOR : Power Equipment
(DREDGING)
(1) Leverman ...... .. ........ $
(2) Dredge dozer ............ $
(3) Deckmate ...•... ..•.. .• . . $
(4) Winch operator (stern
winch on dredge) .......... . . $
(5) Fireman-Oiler,
Deckhand, Bargeman ,
Leveehand ....... ... ..... . ... $
(6) Barge Mate . ............. $
IRON0433-006 01/01/2023

IRONWORKER
Rates
64 . 10
58 . 13
58 . 02
57 . 47
56 . 93
57 . 54
Rates
Fence Erector ....... . ... ... . $ 41 . 2 8
Ornamental, Reinforcing
and Structural. ........ . ... . $ 46 . 20
PREMIUM PAY :

Fringes
34 . 60
34 . 60
34 . 60
34 . 60
34 . 60
34 . 60
Fringe s
25 . 66
34 . 30
$9 . 00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland ,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone , San Clemente Island, San Nicholas Island, Susanville Federal Prison , 29 Palms - Marine Corps, U. S . Marine Base - Barstow, U. S . Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base , Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme , Port Mugu, U. S . Coast Guard Station - Two Rock LAB00300-001 07/01/2022
APPLICABLE FEDERAL WAGE DECISION FWD-19

Page 130 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 155 of 230
Project Identification No.: 295
Rates
Brick Tender ........ . ............ $ 37 . 32
LAB00300-003 07/01/2022
Rates

LABORER (TUNNEL)
GROUP 1 ......... .. .. . .. . .... $ 4 5 . 68
GROUP 2 ... .... .............. $ 4 6 . 0 0
GROUP 3 ...... .. ......... .. . . $ 46 . 46
GROUP 4 .... . ........ .... .... $ 47 . 15

LABORER
GROUP 1. . . . .. . .............. $ 36 . 39
GROUP 2 . . . ........ . . ........ $ 36 . 94
GROUP 3 ...... . ... . .......... $ 3 7 . 4 9
GROUP 4 ....... .. ............ $ 39 . 04
GROUP 5 .... . . . .............. $ 39 . 39

LABORER CLASSIFICATIONS
Fringes
21 . 45
Fringes
23 . 30
23 . 30
23 . 30
23 . 30

21. 04

Page 131 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Vanous Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 156 of 230
Project Identification No_: 295
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Ripr ap stonepaver, placing stone or wet sacked concrete ; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3 : Buggymobile person ; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2- 1/2 ft . drill steel or longer; Dri-pak-it machine ; Gas, oil and/or water pipeline wrapper, 6-in . pipe and over, by any method, inside and out ; High scaler (including drilling of same) ; Hydro seeder and similar type ; Impact wrench multi-plate ; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote , lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic , gas, electric tools, vibrating
machine , pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person , coating, grouting , making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Roc k slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type ; Trenching machine, hand- propelled
GROUP 4 : Asphalt ra ker, lute person , ironer, asphalt dump person , and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete ; Cribber, shorer, lagging , sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- r ubber distributor boot person; Laser beam in connection with l aborers ' work ; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the poi nt of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non- me tallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element , whether water, sewage , solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No- joint pipe and stripping of same ; Prefabricated manhole installer; Sandblaster
(nozzle person) , water blasting, Porta Shot-Blast
APPLICABLE FEDERAL WAGE DECISION FWD-21

Page 132 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 157 of 230
Project Identification No.: 295
GROUP 5 : Blaster powder, all work of loading holes, placing and blasting of all powder and e x plosives of whatever type , regardless of metho d used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core , diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1 : Batch plant l aborer; Changehouse person; Dump person ; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person ; Nipper; Pot tender, using mastic or other materials (for example , but not by way of limitation, shotcrete , etc . ) GROUP 2 : Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller) ; Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3 : Blaster, driller, powder person ; Chemical grout jet person ; Cherry picker person ; Grout gun person ; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person ; Operating o f troweling and/or grouting machines; Powder person (primer hous e) ; Primer person ; Sandbl aster; Shotcrete pers on ; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4 : Diamond driller; Sandbl aster; Shaft and raise work LAB00300-005 08/01/2022
Rates Fringes
As bestos Removal Laborer ..... . .. . $ 39 . 23 23 . 28 SCOPE OF WORK : Includes site mobilization, initial s ite c l eanup, site preparation, removal of asbestos-containing material and toxic waste , encapsulation, enclosure and d i sposal of asbestos - containing ma t e r i als a nd toxi c waste by hand or with equipment or machinery ; scaffolding ,
fabricat ion of temporary wooden barriers and assembly of decontami nati on stati ons .

LAB00345- 00 1 07/01/2022
APPLICABLE FEDERAL WAGE DECISION FWD-22

Page 133 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections. HSIPL-5352(020) City of South El Monte
Document Control Page 158 ol 230
Project Identification No.: 295
Rates

LABORER (GUNITE)
GROUP 1 . . ..... . ..... ... .. . .. $ 48 . 50
GROUP 2 ..... . ............... $ 4 7 . 55
GROUP 3 ................... .. $ 4 4 . 01
Fringes

21. 37

21. 37
FOOTNOTE : GUNITE PREMIUM PAY : Workers working from a
Bosn ' n ' s Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal- to- portal basis . Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75 '-0"" above base level and which work must be performed in whole or in part more than 75' - 0"" above base level , that work performed above the 75 '-0"" level shall be compensa ted for at 35 cents pe r hour above the applicable
classification wage rate .

GUNITE LABORER CLASSIFICATIONS
GROUP 1 : Rodmen, Nozzlemen
GROUP 2 : Gunmen
GROUP 3 : Reboundmen
LAB01184-001 07/01/2022
Laborers : (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $
(2) Vehicle Operator/Hauler.$
(3) Horizontal Directional
Drill Operator . .. . . . .... .. .. $
(4) Electronic Tracking
Locator ......... . ..... ... ... $
Laborers : (STRIPING/SLURRY
SEAL)
GROUP 1 .... . ............... . $
GROUP 2 ......... . ........... $
GROUP 3 ......... . ... .. .. .... $
GROUP 4 .. . ............ . ..... $
Rates
40 . 69
40 . 86
42 . 71
44 . 71

41. 90
43 . 20
45 . 21
46 . 95

LABORERS - STRIPING CLASSIFICATIONS

APPLICABLE FEDERAL WAGE DECISION
Fringes
18 . 25
18 . 25
18 . 25
18 . 25

21. 32

21. 32
FWD-23

Page 134 of 269 ends

As Advertised Bid Package, Soull1 8 Monte
Traffic Signal Improvements at Vanous Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 159 of 230
Project Identification No.: 295
GROUP 1 : Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2 : Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding , etc . ) and
preparation of surface for coatings. Traffic control
person : controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3 : Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control . This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process . Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing , cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment ; power broom s weeper
GROUP 4 : Striper : layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripe s and markings, including traffic control ; operation of all
related machinery and equipment
LAB01414 - 001 08/03/2022
Rates

LABORER
PLASTER CLEAN- UP LABORER . . . . $ 38 . 92
PLASTER TENDER . . . . ....... . . . $ 41 . 47
Fringes
23 . 32
23 . 32
Work on a swing stage scaffold : $1 . 00 per hour additional .

PAIN0036- 001 07/01/2023
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Rates Fringes
APPLICABLE FEDERAL WAGE DECISION FWD-24

Page 135 of 269 ends

As Advertised Bid Package, South El Monte
T raffle Signal Improvements at Various Signalized Intersections, HSIPL -5352(020) City of South El Monte
DoaJment Control Page 160 of 230
Project Identification No.: 295
Diego County) ..... .. ........ $ 29 . 59
(2) All Other Work ....... . .. $ 38 . 52
17 . 12
18 . 64
REPAINT of any previously painted structure . Exceptions :
work involving the aerospace industry, breweries,
commercial recreational facilities , hotels which operate commercial establishments as part of hotel service , and sports facilities .

PAIN0036- 006 09/01/2022

DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary :

Kern County Line to Hwy .
#5 , South on Hwy . #5 t o
Hwy . N2, East on N2 to
Palmdale Blvd ., to Hwy .
#14, South to Hwy . #18 ,
Rate s
East to Hwy . #395 .... ... .... $ 42 . 15
Remainder of Los Angeles
County ....... . .... . . ....... . $ 46 . 28
PAIN0036-015 01/01/2020
Rate s
GLAZIER .............. . .. . .... ... . $ 43 . 45
Fringes
23 . 52
23 . 52
Fringes
23 . 39
FOOTNOTE : Additional $1 . 25 per hour for work in a condor , from the third (3rd) floor and up Additional $1 . 25 per hour for work on the outside of the building from a s wing stage or any suspended contrivance , from the ground up PAIN1247-002 01/01/2023
Rates Fringes
SOFT FLOOR LAYER ... .. . . . . . ..... .. $ 41 . 60 1 6 . 38 PLAS0200- 009 08/03/2022
Rates Fringe s
PLASTERER . ...... . . . ........ . ..... $ 47 . 37 19 . 64 PLAS0500-002 07/01/2020
APPLICABLE FEDERAL WAGE DECISION FWD-25

Page 136 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 161 of 230
Project Identification No.: 295
Rates
CEMENT MASON/CONCRETE FINISHER ... $ 38 . 50
PLUM0016-001 09/01/2022

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5, 000 sq . ft . of
Rates
floor space ..... . ......... . . $ 53 . 51
Work ONLY on strip malls,
light commercial , tenant
improvement and remodel
work ... . ........ . ... . ....... $ 40 . 95
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to e xceed 5, 000 sq . ft . of
floor space and work on
strip malls, light
commercial , tenant
improvement and remodel
work ...... . ......... . .. . .. .. $ 55 . 18
PLUM0345 - 001 09/01/2022
Rates

PLUMBER
Landscape/Irrigation Fitter. $ 38 . 20
Sewer & Storm Drain Work .... $ 42 . 29
ROOF0036-002 08/01/2022
Rates
ROOFER . ....... . .... .. . ... . . . .... . $ 43 . 47 Fringes
25 . 91
Fringes
25 . 28
23 . 61
26 . 26
Fringes
25 . 65
23 . 03
Fringes
19 . 52
FOOTNOTE : Pitch premium: Work on which employees are e xposed to pitch fumes or required to handle pitch, pitch base or pitch i mpregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1 . 75 per hour ""pitch premium'"' pay .

APPLICABLE FEDERAL WAGE DECISION FWD-26

Page 137 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 162 of 230
Project Identification No.: 295
SFCA0669-013 04/01/2022

DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES :

Rates Fringes
SPRINKLER FITTER .... . .. . . . ....... $ 43 . 25 26 . 77 SFCA0709-005 01/01/2023

THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES :

Rates Fringes
SPRINKLER FITTER (Fire) . . . ...... . $ 52 . 61 31. 25 SHEE0105- 002 07/01/2023
LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island)

SHEET METAL WORKER
(1) Light Commercial : Work
on general sheet metal and
heating and AC up to 4000
Rates
sq ft .. . . . .. . .. .. . . .... .. ... $ 33 . 10
(2) Modernization :

Excluding New Construction
- Under 5000 sq . ft . Does
not include modification,
upgrades, energy
management , or
conservation improvements
of central heating and AC
equpment ...... . ... . . . .... . .. $ 33 . 10
SHEEOlOS-003 07/01/2023
Fringes
10 . 56
10 . 56
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East APPLICABLE FEDERAL WAGE DECISION FWD-27

Page 138 of 269 ends

As Advertised Bid Package, Soulti El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 163 of 230
Project Identification No.: 295
of Hwy 395) , MONO ORANGE , RIVERSIDE , AND SAN BERNARDINO COUNTIES

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
Rates
work ...... _. ____ ............ $ 55 . 16
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C ,
heating , ventilating
systems for human comfort ... $ 55 -16
SHEE0105-004 07/01/2023
Fringes
30 . 04
30 . 04
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale} COUNTIES
Rates Fringes
SHEET METAL WORKER .... - - - . - - . - . - - $ 45 . 98 29 . 24 TEAMOOll- 002 07/01/2022
Rates Fringes

TRUCK DRIVER
GROUP 1 .................... $ 36 . 19 32 . 54
GROUP 2 .............. . .... . $ 36 . 34 32 . 54
GROUP 3 .................... $ 36 . 47 32 . 54
GROUP 4 ... ................. $ 36 . 66 32 . 54
GROUP 5 ... ................. $ 36 . 69 32 . 54
GROUP 6 .................... $ 36 . 72 32 . 54
GROUP 7 ... . ................ $ 36 . 97 32 . 54
GROUP 8 ... . ........ .. ..... . $ 37 . 22 32 . 54
GROUP 9 .................... $ 37 . 42 32 . 54
GROUP 10 .................... $ 37 . 72 32 . 54
GROUP 11 .... . . .. . . .... . .. . . . $ 38 . 22 32.54 GROUP 12 .................... $ 38 . 65 32 . 54
WORK ON ALL MILITARY BASES :

PREMIUM PAY : $3 . 00 per hour additional .
[29 palms Marine Base , Camp Roberts, China Lake , Edwards AFB , APPLICABLE FEDERAL WAGE DECISION FWD-28

Page 139 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections. HSIPL-5352(020) City of South El Monte
Document Control Page 164 of 230
Project Identification No.: 295
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo , Mountain Warfare Training Center, Bridgeport, Point Arguello , Point Conception,
Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1 : Truck driver
GROUP 2 : Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load ; Truck mounted broom
GROUP 3 : Driver of vehicle or combination of vehicles - 3 axles; Boot person ; Cement mason distribution truck ; Fuel truck driver; Water truck - 2 axle ; Dump truck , less than 16 yds . water level; Erosion control driver
GROUP 4 : Driver of transit mix truck , under 3 yds . ; Dumpcrete truck, less than 6-1/2 yds . water level
GROUP 5 : Water truck, 3 or more axles; Truck greaser and tire person ($0 . 50 additional for tire person) ; Pi peline and utility working truck driver, including winch truck and plastic fusi on , limited to pipeline and utility work ; Slurry truc k driver
GROUP 6 : Transit mix truck , 3 yds . or more ; Dumpcrete truck, 6-1/2 yds . water level and over; Veh i cle or combi nation of vehicles - 4 or more axl es; Oil spreader truck ; Dump truck , 16 yds . to 25 yds . water level
GROUP 7 : A Frame , Swedish crane or simil ar; Forklift driver; Ross carrie r driver
GROUP 8 : Dump truck, 25 yds . to 49 yds . water level ; Truck repair person ; Water pull - single engine ; Welder
GROUP 9 : Truck repair person/welder; Low bed driver, 9 a xles or over
GROUP 10 : Dump truck - SO yds . or more water level ; Water pull - single engine wit h attachment
GROUP 11 : Water pull - t win engine; Water pull - twin engine with attachments; Winch truck driver - $1 . 25 additional when operating winch or similar special attachments
GROUP 12 : Boom Truck 17K and above
APPLICABLE FEDERAL WAGE DECISION FWD-29

Page 140 of 269 ends

As Advertised Bid Package, Sout/l El Monte
Traffic Signal Improvements at Various Signalized Intersections. HSIPL-5352(020) City of South El Monte
Document Control Page 165 of 230
Project Identification No.: 295
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
================================================================ Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis- Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO , the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is i ll, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence , sexual assault, or stalking . Additional information on contractor requirements and worker protections under the EO is avail able at
https: //www.dol . gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses ( 2 9C FR 5 . 5 (a) ( 1 ) (ii) ) .

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by t he wage determination. The classifications are listed in alphabetical order of "" identifiers "" that indicate whether the particular rate i s a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average r ate ) .

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG "" denotes that the union classification and rate were prevailing for that classification in the survey . Example :

APPLICABLE FEDERAL WAGE DECISION FWD-30

Page 141 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) City of South El Monte
Document Control Page 166 of 230
Project Identification No.: 295
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The nex t n umber, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotia ted rate , which in this example is July 1 , 2014 .

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate .

Survey Rat e Identifiers
Classifications listed under the "" SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey , it may include both union and non- union rates. Example : SULA2012 - 007 5/13/2014 . SU indicates the rates are survey r a tes based on a weighted average calculation of rates and are not majority r ates. LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based . The nex t number, 007 in the e xample , is an internal numbe r used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates a re not updated and remain in effect until a new survey is conducte d .

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifie r indicate that no single majority rate prevailed for those
classifications; however, 100% of the d a ta reported for the classifications was union data . EXAMPLE : UAVG- OH- 0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the stat,e . The next number, 0010 in the e xample , is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CSA rate of the union locals from which the rate is based .

APPLICABLE FEDERAL WAGE DECISION FWD-31

Page 142 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signalized Intersections. HSIPL-5352(020) City of South El Monte
Document Control Page 167 of 230
Project Identification No.: 295

WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can be :
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on a wage determination matter
a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis- Bacon survey program . If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed .

With regard to any other matter not yet ripe for the formal process described here , initial contact should be with the Branch of Construction Wage Determinations. Write to :

Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue , N. W.

Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those a ffected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7). Write to :

Wage and Hour Administrator
U. S. Department of Labor
200 Constitution Avenue , N. W.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to :

APPLICABLE FEDERAL WAGE DECISION FWD-32

Page 143 of 269 ends

As Advertised Bid Package, South El Monte
Traffic Signal Improvements at Various Signanzed Intersections, HSIPL-5352(020) City of South El Monte
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue , N. W.

Washington, DC 20210
Document Control Page 168 of 230
Project Identification No.: 295
4 . ) All decisions by the Administrative Review Board are final . ================================================================ END OF GENERAL DECISI O"
APPLICABLE FEDERAL WAGE DECISION FWD·33

Page 144 of 269 ends

Addendum 1, Traffte Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295 Document Control Page 3 of 34 Attachment A - Revised Applicable Federal Wage Decision per Addendum 1

Page 145 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
"General Decision Number: CA20230022 09/08/2023
Superseded General Decision Number : CA20220022
State: California
Construction Types : Building, Heavy (Heavy and Dredging} and Highway
County : Los Angeles County in California .

Dorument Control Page 4 of 34
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 .

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis- Bacon Act i tself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . l(a) (2)-(60) .

IIf the contract is entered
linto on or after January 30 ,
12022, or the contract is
!renewed or extended (e.g. , an
l option i s exercised) on or
l after January 30 , 2022 :

I
I
I
I
I
If the contract was awarded on
or between January 1, 2015 and
January 29, 2022, and the
contract is not renewed or
extended on or after January
30, 2022 :

Executive Order 14026
generally applies to the
contract .

The contractor must pay
all covered workers at
least $16.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it i s
higher) for all hours
spent performing on the
contract in 2023 .

Executive Order 13658
generally applies to the
contract .

The contractor must pay all
covered worke rs at leas t
$12 . 15 per hour (or the
applicable wage rate listed
on this wage determination ,
if it is higher) for all
hours spent performing on
that contract in 2023 .

Page 146 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in Soutll El Monte HSIPL-5352(020), City Project No: 295
The applicable Executive Order minimum wage rate will be adjusted annually . If this contract i s covered by one of t he Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
4 03/17/2023
5 06/23/2023
6 06/30/2023
7 07/14/2023
8 08/11/2023
9 08/18/2023
10 09/08/2023
ASBE0005 - 002 07/04/2022
Rates
Asbestos Workers/Insulator
(Includes the application of
all i nsulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) . . . . . $ 49 . 58
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ........................... $ 32. 09
ASBE0005-004 07/04/2022
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
Rates
Fringes
25 . 27
19 . 66
Fringes
Document Control Page 5 of 34

Page 147 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South 8 Monte HSIPL-5352(020), City Project No: 295
and disposing of all
insulation materials from
mechanical systems, whether
t hey contain asbestos or not) .... $ 23 .52
BOIL0092 - 003 01/01/2021
Rates
BOILERMAKER ...................... $ 46.03
* BRCA0004-007 05/01/2020
Rates
BRICKLAYER; MARBLE SETTER ........ $ 41 . 53
13 . 37
Fringes
38 . 81
Fringes
19 . 48
*The wage scale for prevailing wage projects performed in Blythe , China lake , Death Valley , Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3 . 00) above the
standard San Bernardino/Riverside County hourly wage r a te BRCA0018 - 004 06/01/2022
Rates
MARBLE FINISHER .................. $ 37 . 87
TILE FINISHER .... ... . ... ......... $ 32 . 44
TILE LAYER . ... . ..... .. . . ......... $ 45 . 05
BRCA0018-010 09/01/2022
Rates
TERRAZZO FINISHER ................ $ 38.37
TERRAZZO WORKER/SETTER .. ......... $ 46 . 49
CARP0213-001 07/01/2021

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
Rates
installer ................... $ 51 . 60
(2) Millwright .............. $ 52 . 10
(3) Piledrivermen/Derrick
Bargeman , Bridge or Dock
Fringes
14 . 13
12 . 54
18 . 33
Fringes
14 . 13
14 . 66
Fr i nges
16 . 28
16 . 48
Document Control Page 6 of 34

Page 148 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Carpenter, Heavy Framer,
Rock Bargeman or Scowrnan,
Rockslinger, Shingler
(Commercial) ................ $ 51 . 73
(4) Pneumatic Nailer,
Power Stapler ............ . .. $ 51 . 85
(5) Sawfiler ............... $ 51 . 69
(6) Scaffold Builder ....... $ 42 . 80
(7) Table Power Saw
Operator ................ .. .. $ 51 . 70
16 . 28
16 . 28
16 . 28
16 . 28
16 . 28
FOOTNOTE : Work of formi ng in the construction of open cut sewers or storm drains, on operations i n which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled hol es, for that portion of a lagged trench against which concrete is poured, namely , as a
substitute for back forms (wh ich work is performed by
piledrivers) : $0 . 13 per hour additional .

CARP0213-002 07/01/2021
Rates
Diver
(1) Wet ................. . ... $ 834 . 40
(2) Standby ................. $ 445 . 84
(3) Tender ..... .... ......... $ 437 . 84
(4 ) Assistant Tender ........ $ 413 . 84
Amounts in ""Rates ' column a re per day
CARP0213-004 07/01/202 1
Rates
Drywall
DRYWALL INSTALLER/LATHER .... $ 51 . 60
STOCKER/SCRAPPER ............ $ 22 . 16
CARP0721-001 07/01/2021
Rates
Modular Furniture Installer ...... $ 21 . 85
ELECOOll-004 01/30/2023

ELECTRICIAN (INSIDE

ELECTRICAL WORK)
Rates
Fringes
16 . 28
16 . 28
16 . 28
16 . 28
Fringes
16 . 28
8 . 62
Fringes
7 . 15
Fringes
Dorument Control Page 7 of 34

Page 149 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Journeyman Electrician .... . . $ 59 . 00

ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting , Traffic Signals,
CCTV, and Underground Systems)
Journeyman Transportation
Electrician ... . .. . ........ .. $ 59 . 00
Technician ..... . .. . ....... . . $ 44 . 25
FOOT NOTE :
3%+29 . 77
3%+29 . 77
3%+29 . 77
CABLE SPLICER & INSTRUMENT PERSON : Recieve 5% additional per hour above Journeyman Electrician basic hourly rate .

TUNNEL WORK : 10% additional per hour .

SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN :

Installation of street lights and traffic signals, including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre- assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.

Installation of underground ducts for electrical,telephone, cable television and communication systems .

Pulling, termination and
Document Control Page 8 of 34
splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/cable .

TECHNICIAN :

Distribution of material at job site, manual e xcavation and backfill , installation of system conduits and raceways for electrical, telephone , cable television and communication systems . Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detecto r loop, fiber optic cable and video/data .
* ELECOOll- 005 06/26/2023
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems )
Rates Fringes
Communications System
Installer ............ . ...... $ 46 . 47 3%+15 . 53

Page 150 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Technician .................. $ 33 . 30 3%+27 . 82
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance , of the following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance , background foreground music , intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media ,
multiplex, nurse call system, radio page , school intercom and sound , burglar alarms and low voltage master clock systems .

DoaJment Control Page 9 of 34
A. Communication systems that transmit or receive information and/or control systems t hat are intrinsic to the above listed systems SCADA (Supe rvisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing .

D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems
1 . Fire Alarms-In Raceways : Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits.
2 . Fire Alarms-Open Wire Systems: installed by the Technician.

Page 151 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South B Monte HSIPL-5352(020), City Project No: 295
ELEC1245-001 06/01/2022
Rates

LINE CONSTRUCTION
(1) Lineman; Cable splicer . . $ 64 . 40
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below) , overhead &
underground distribution
line equipment) ... . . ... . .... $ 50 . 00
( 3) Groundman ............... $ 38 . 23
( 4) Powderman ...... . . . . . . .. . $ 51 . 87
Fringes
22 . 58

21. 30
20 . 89
18 . 79
HOLIDAYS : New Year ' s Day, M. L. King Day, Memorial Day, Independence Day, Labor Day , Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC . .. . . . ......... . $ 63.95 37 . 335+a+b FOOTNOTE :

Document Control Page 10 of 34
a . PAID VACATION : Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service , and 6% for 6 months to 5 years of service . b . PAID HOLIDAYS : New Year ' s Day, Memorial Day , Independence Day, Labor Day, Veterans ' Day, Thanksgiving Day, Friday after Thanksgiving , and Christmas Day .

ENGI0012-003 07/01/2022
OPERATOR:
(All Other
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
Power Equipment
Work)
1 . . . . .............. . . $
2 ..... . ........ . ..... $
3 .. . .. . .............. $
4 . ... ..••••.• . • •.... . $
5 .................. . . $
6 .. . ................. $
8 .. . .......... . . . .... $
9 . ....... . . .......... $
Rates

51. 90
52 . 68
52 . 97
54 . 46
48 . 96
54 . 68
54 . 79
49 . 29
Fringes
30 . 70
30 . 70
30 . 70
30 . 70
25 . 25
30 . 70

30.70 25 . 25

Page 152 of 269 ends

Addendum 1, T rallic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL ·5352(020), City Project No: 295
GROUP 10 ....... . ........ . ... $ 54 . 91
GROUP 11 ......... . ...... . ... $ 49 . 41
GROUP 12 .. . . .... . ........ . .. $ 55 . 08
GROUP 13 ... . .... . ... .... .... $ 55 . 18
GROUP 14 ......... .. . .... .... $ 55 . 21
GROUP 15 ... .... . . . .. . ....... $ 55 . 29
GROUP 16 . .... . .... .... . . .... $ 55 . 41
GROUP 17 ... .... . ...... .. .... $ 55 . 58
GROUP 18 ............ .... .... $ 55 . 68
GROUP 19 ............... .. ... $ 55 . 79
GROUP 20 ............. . ... . .. $ 55 . 91
GROUP 21 ................. .. . $ 56 . 08
GROUP 22 .... . .. . . . .. .. . . . . .. $ 56 . 18
GROUP 23 . ................... $ 56 . 29
GROUP 24 .......... . ....... . . $ 56 . 41
GROUP 25 ....... . .. . .. . . . . . .. $ 56 . 58
OPERATOR : Power Equipment
(Cranes, Piledriving &
Hoisting}
GROUP 1 ....... .. ........... $ 53 . 25
GROUP 2 .......... . .. . ...... $ 54 . 03
GROUP 3 .................... $ 54 . 32
GROUP 4 ...... . ............. $ 54 . 46
GROUP 5 .. . ................ . $ 54 . 68
GROUP 6 .. .................. $ 54 . 79
GROUP 7 ............. .... . . . $ 54 . 91
GROUP 8 .................... $ 55 . 08
GROUP 9 .............. .. .... $ 55 . 25
GROUP 10 ........ . ........... $ 56 . 25
GROUP 11 ........... . . . ... .. . $ 57 . 25
GROUP 12 .................... $ 58 . 25
GROUP 13 ........... . ........ $ 59 . 25
OPERATOR : Power Equipment
(Tunnel Work)
GROUP 1 .................... $ 54 . 53
GROUP 2 .. ......... . .. . ..... $ 54 . 82
GROUP 3 .................... $ 54 . 96
GROUP 4 .......... .. ........ $ 55 . 18
GROUP 5 .............. . ..... $ 55 . 29
GROUP 6 ...... . ......... . .. . $ 55 . 41
GROUP 7 . . .................. $ 55 . 71
PREMIUM PAY :

Document Control Page 11 of 34
30 . 70
25 . 25
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
30 . 70
$3 . 75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases : China Lake Naval
Reserve , Vandenberg AFB, Point Arguello , Seely Naval Base , Fort Irwin , Nebo Annex Marine Base , Marine Corp Logistics Base Yermo , Edwards AFB, 29 Palms Marine Base and Camp Pendleton
Workers required to suit up and work in a hazardous material environment : $2 . 00 per hour additional . Combi nation mi xer

Page 153 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
and compressor operator on gunite work shall be c l assified as a concrete mobile mi xer operator .

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1 : Bargeman ; Brakeman ; Compressor operator; Ditch Witch , with seat or similar type equipment; Elevator
operator-i nside ; Engineer Oiler; Forklift operator
(includes loed, l u ll or similar types under 5 tons;
Genera t or operator; Generator, pump or compressor p l ant operator; Pump operator; Signalman; Swi tchman
Document Control Page 12 of 34
GROUP 2 : Aspha l t - rubber plant operator (nurse tank operator); Concrete mixer operator-skip type ; Conveyor operator;
Fireman ; Forklift operator (includes loed, l u ll or similar types over 5 tons; Hydrostatic pump operator; oil er crusher (asphalt or concrete plant) ; Petromat laydown machine ; PJU side dum jack ; Screening and conveyor machine operator (or similar types) ; Skiploader (wheel type up to 3/4 yd .
without attachment) ; Tar pot fireman ; Temporary heating plant operator; Trenching machine oil er
GROUP 3 : Asphalt- rubber blend operator; Bobcat or similar type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radi oman (ground) ; Stati onary pipe wrapping and cleaning machine operator GROUP 4 : Asphalt plant fireman ; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete ) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic o r similar types - Hughes 100 or 200 or similar types -
drilling depth of 30 ' max imum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cablewa y signalman; Hydra-hammer-ae r o stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine
operator; Power concrete saw operator; Power- driven jumbo form s etter operator; Power sweeper operator; Rock Whee l Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine opera tor (up to 6 ft . ) ; Vacuum or much truck
GROUP 5 : Equipment Greaser (Grease Truck/Multi Shift) .

GROUP 6 : Articulating materi al hauler; Aspha l t plant engineer; Batch plant operator; Bit sharpener; Concrete joint ma chine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator;

Page 154 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020). City Project No: 295
Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45 '
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed}, Jackson track
maintainer, or similar type ; Kalamazoo Switch tamper, or similar type ; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete ,
Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds . struck) ; Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd . and up to and
including 1-1/2 yds . ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ;
Tractor operator-bulldozer, tamper- scraper (single engine , up to 100 h . p . flywhee l and similar types, up to and i ncluding D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Va cuum blasting machine operator
GROUP 8 : Aspha l t or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or si milar type) ; Asphalt-rubber distribution operator; Backhoe opera tor (up to and including 3/4 yd . ) , smal l ford , Case or simil ar; Cast-in-place pipe laying machine
operator; Combina tion mixer and compressor operator (gunite work) ; Compactor operator (self- propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Ca lweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or simil ar types - Texoma 700 , 800 auger or similar types - drilling depth of 60 ' maxi mum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy- duty repairman ; Heavy equipment robotics operator; Ka l amazoo balliste regulator or similar type ; Kolman belt loader and simil ar type ; Le Tourneau blob compactor or similar type ; Loader operator (Athey, Euclid, Sierra and similar types ) ; Mobark Chipper or similar; Ozz i e padder or similar types; P.C. slot saw ; Pneuma tic concrete placing machine operator (Hackley- Presswell or simila r type) ; Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired
earth- moving equipment operator (single engi ne,
caterpi llar, Euclid, Athey Wagon and simil ar types with any and a ll attachments over 25 yds . up to and inc l uding 50 cu . yds . struck) ; Rubber-tired earth-moving equipment ope rat or (multiple engine up to and including 25 yds . s truck) ; Document Control Page 13 of 34

Page 155 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Rubber-tired scraper operator (self- loading paddle wheel type-John Deere , 1040 and similar single unit) ; Selfpropelled curb and gutter machine operator; Shuttl e buggy ; Skiploader operator {crawler and wheel type over 1- 1/2 yds . up to and including 6 - 1/2 yds . ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D- 5 - 100 flywheel h . p . and over, or similar- bulldozer, tamper, scraper and push tractor singl e engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping , cleaning and bendng machine operator;
Trenching machine operator (over 6 ft . depth capacity, manufacturer ' s rating) ; trenching Machine with Road Miner attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool sys tem mechanic ; Water pull
(compaction) operator
GROUP 9 : Heavy Duty Repairman
GROUP 10 : Drilling machine operator, Buc ket or auger types (Calweld 200 B bucket or similar types- Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types- drilling depth of 105 ' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types ) ; Monora il locomotive operator (diesel , gas or e lectric) ; Motor patrol- blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat . ) ; Rubber-tired earth-moving equipment operator (single engine , over 50 yds . struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine , over 50 yds . struck) ; Rubber tired earth moving equipment operator (multiple engine , Euclid, caterpillar and similar over 25 yds . and u p to 50 yds . str uc k ) , Towe r crane repairma n ; Tractor loader operator (crawl e r a nd wheel type over 6-1/2 yds . ) ; Woods mixer operator (and similar Pugmill equipment)
Document Control Page 14 of 34
GROUP 11 : Heavy Duty Repairma n - Welder Combina tion, Welder - Certified .

GROUP 12 : Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger type s (Calweld, auger 200 CA or similar types - Watson , a uger 6000 o r similar types - Hughes Super Duty , auger 200 or similar types - drilling depth of 175 ' ma x imum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu . yards; Mechanical finishing machine o pe r a tor; Mob ile form traveler oper ator; Motor patrol operator {multi- engine) ; Pipe mobile mach ine operator; Rubber-tired earth- moving equipment operator (multiple engine , Euclid, Caterpillar and simila r type , over 50 cu . yds . struck) ; Rubber-tired

Page 156 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
self- loading scraper operator (paddle- whee l-auger type self- loading - two (2) or more units)
GROUP 13 : Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds . struck)
GROUP 14 : Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment : $1.00 per hour additional) ; Wheel excavator operator (over 750 cu . yds . )
GROUP 15: Rubber- tired earth-moving equipment operator, operating equipment with push-pull system (single engine , Caterpillar, Euclid , Athey Wagon and similar types with any and all attachments over 25 yds . and up to and including 50 yds. struck) ; Rubber-tired earth- moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth- moving equipment operator, operating equipment with push- pull system (single engine, over 50 yds . struck); Rubber- tired earth-moving equipment operator, operating equipment with push- pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds . and up to 50 yds . struck)
GROUP 17 : Rubber-tired earth-moving equipment operator, operating equipment with push- pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu . yds . struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 a nd similar type)
GROUP 18 : Rubber-tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
Document Control Page 15 of 34
GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber- tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single e ngine, Caterpillar, Euclid , Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu . yds . struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps a nd similar types in any combination, excluding compaction
units - multiple engine , up to and including 25 yds . struck) GROUP 20 : Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -

Page 157 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
single engine , over 50 yds. struck) ; Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps , and similar types in any
combination, excluding compaction units - multiple e ngine , Euclid, Caterpillar and similar, over 25 yds . and up to 50 yds. struck)
GROUP 21 : Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, e xcluding compaction units - multiple engine , Euclid, Caterpillar and similar type , over 50 cu . yds . struck)
GROUP 22 : Rubber-tired earth-moving equipment operator, operating equipment with the tandem push- pull system
(single engine , up to and including 25 yds . struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the t a ndem push-pull system
(single engine , Caterpillar, Euclid , Athey Wagon and
simil ar types with any and all attachments over 25 yds . and up to and including 50 yds . struck) ; Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds . struck)
GROUP 24 : Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine , over 50 yds . struck} ; Rubber-tired
earth-moving equipment operator, operating equipment with the t a ndem push-pull system (multiple engine , Euclid, Caterpillar and similar, over 25 yds . and up to 50 yds . struck)
Dorument Control Page 16 of 34
GROUP 25 : Concrete pump operator- truck mounted; Rubber- tired earth-moving equipment opera tor, opera ting equipment with the tandem push-pull system (multiple engine , Euclid,
Caterpillar and similar type, over 50 cu . yds . struck}

CRANES , PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1 : Engineer oiler; Fork lift operator (includes loed, lull or simila r type s }
GROUP 2 : Truck crane oiler
GROUP 3 : A- frame or winch truck operator; Ross carrier operator (jobsite)
GROUP 4 : Bridge-type unloader and turntable operator;
Helicopter hoist operator

Page 158 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295 Document Control Page 17 of 34 GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum)
GROUP 6 : Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile
operator; Lift sl ab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbi ng scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds . mrc); Tugger hoist operator GROUP 7 : Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8 : Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (ove r 7 cu . yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator {over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10 : Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 t ons M.R.C.); Tower crane operator and tower gantry
GROUP 11 : Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type {over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc}
GROUP 12 : Crane operator (over 200 tons up to and including 300 tons mrc); Derr ick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)

Page 159 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295 Document Control Page 18 of 34 GROUP 13 : Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1 : Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2 : Power- driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4 : Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (powe r-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5 : Backhoe operator (up to and including 3/4 yd . ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy- duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd ., rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7 : Tunnel mole boring machine operator

ENGINEERS ZONES
$1 . 00 additional per hour for all of IMPERIAL County and the portions of KERN , RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary : Begin in San
Bernardino County , approximately 3 miles NE of the intersection of I - 15 and the California State line at that point which is the NW corner of Section 1 , Tl7N,m Rl4E, San Bernardino Meridian . Continue w in a straight line to that point wh ich is t he SW corner of the northwest quarter of Section 6, T27S , R42E, Mt . Diablo Meridian . Continue North to t he intersection with the Inyo County Boundary at that point which is the NE corner of the west ern half of the northern q uarter of Section 6, T25S , R42E , MDM . Continue W along the I nyo and San

Page 160 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34 , T24S, R40E , MDM . Continue W along the Inyo and Kern County boundary until the intersection with Tulare County , at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E , MDM. Continue w along the Kern and Tulare County boundary, until that point which is the NW corner of T25S , Document Control Page 19 of 34
R32E , MDM. Continue S following R32E lines to the NW corner of T31S , R32E, MOM . Continue W to the NW corner of T31S , R31E , MOM . Continue S to the SW corner of T32S , R31E, MOM . Continue W to SW corner of SE quarter of Section 34, T32S , R30E, MOM .

Continue S to SW corner of TllN, Rl7W, SBM. Continue E along south boundary of TllN, SBM to SW corner of TllN, R7W , SBM .

Continue S to SW corner of T9N , R7W, SBM . Continue E a long south boundary of T9N , SBM to SW corner of T9N , RlE, SBM .

Continue S along west boundary of RlE, SMB to Riverside County line at the SW corner of TlS , RlE , SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of TlS , RlOE , SBM . Continue S along west boundary of RlOE, SBM to Imperial County line at the SW corner of T8S , RlOE, SBM .

Continue W along Imperial and Riverside county line to NW corner of T9S , R9E , SBM . Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line . Follow the California state line west to Arizona state line , then north to Nevada state line, then continuing NW back to start at the point wh ich is the NW corner of Section 1 , T17N , Rl4E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below :

That area within the following Boundary : Begin approximately 5 miles north of the community o f Cholame, on t he Monterey County and San Luis Obispo County boundary at the NW corner of T25S , R16E , Mt . Oiablo Meridian . Continue south along the west side of Rl6E to the SW corner of T30S, Rl6E , MOM. Continue E to SW corner of T30S , R17E , MOM . Continue S to SW corner of T31S , R17E, MOM . Continue E to SW corner of T31S , Rl8E , MOM .

Continue S along West side of Rl8E, MOM as it crosses into San Bernardino Meridian numbering area and becomes R30W . Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM .

Continue E along the south edge of T9N, SBM t o the Santa Barbara County and Ventura County boundary at t hat point whc h is the SW corner of Section 34 . T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N , R24W , SBM . Continue E along the south edge of T7N , SBM to the SE corner to T7N , R21W, SBM . Continue N along East s ide of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W .

Continue W along the Ventura County a nd Kern County boundary to the SE corner of T9N, R21W . Continue North along the East edge

Page 161 of 269 ends

Addendum 1, T raffle Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295 Document Control Page 20 of 34 of R21W, SBM to the NE corner of T12N, R21W, SBM . Continue West along the north edge of T12N, SBM to the SE corner of T32S , R21E , MOM . [T12N SBM is a think strip between TllN SBM and T32S MDM] . Continue North along the East side of R21E , MDM to the Kings County and Kern County border at the NE corner of T25S , R21E , MOM , continue West along the Ki ngs County and Kern County Boundary until the intersection of San Luis Obispo County . Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County . Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S , R16E , MDM .
$2 . 00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below :

That area within the following Boundary : Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17 , TlON , R22E , Mt . Diablo Meridian . Continue S the n SE along the entire western boundary of Mono County , until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2 , T8S , R29E , MDM .

Continue SSE along the entire western boundary of Inyo County , until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32 , T24S , R37E , MDM .

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34 , T24S , R40E , MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6 , T25S , R42E , MDM . Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S , R42E , MDM .

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1 , T17N , R1 4E , San Be r nardino Me r idian . Then continue NW along the state line to the starting point, which is the center of Section 18 , TlON, R22E , MDM .

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08/01/2023
OPERATOR: Power Equipment
(DREDGING)
Rates
(1) Leverman ................ $ 64 . 10
(2) Dredge dozer ............ $ 58 . 13
Fringes
34 . 60
34 . 60

Page 162 of 269 ends

Addendum 1, Traffic Signal Improvement at Vanous Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
(3) Deckmate ...... __ ...... _ . $ 58 . 02
(4) Winch operator (stern
winch on d r edge) .......... . . $ 57 . 47
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand ..... . ... - - ........ $ 56 . 93
(6) Barge Mate ...... . .. . .... $ 57 . 54
IRON043 3- 006 01/01/2023
Rates

IRONWORKER
Fence Erector .. ............. $ 41 . 28
Ornamental , Reinforcing
and Structural . ... .......... $ 46 . 20
PREMIUM PAY :
3 4. 60
34 . 60
34 . 60
34 . 60
Fringes
25 . 66
34 . 30
$9 . 00 additional per hour at the following locations :

China Lake Naval Test Station, Chocol ate Mountains Naval Reserve-Niland,
DOOJment Control Page 21 of 34
Edwards AFB , Fort Irwin Military Station, Fort Irwin Training Center-Goldstone , San Clemente Island, San Nicholas I sland , Susanville Federal Pris on, 29 Palms - Marine Corps, U. S . Marine Base - Barstow, U. S . Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey , Fallon Air Base , Naval Post Graduate School - Monterey , Yermo Marine Corps Logistics Center
Port Hueneme , Port Mugu , U. S . Coast Guard Station - Two Rock LAB00300-001 07/01/2022
Rates
Brick Tender .... .... . ... ........ . $ 37 . 32
LAB00300-003 07/01/2022
Ra tes

LABORER (TUNNEL)
GROUP 1. ................ .. .. $ 45 . 68
GROUP 2 ..... ... .... . .... .. .. $ 4 6 . 0 0
GROUP 3 .............. . ...... $ 46 . 46
GROUP 4 ..... . . . ............. $ 4 7 . 15

LABORER
GROUP 1. ... . .......... .. . . . . $ 36 . 39
GROUP 2 . .................... $ 36 . 94
Fringes

21. 45
Fringes
23 . 30
23 . 30
23 . 30
23 . 30

21. 04

Page 163 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), Qty Project No: 295
GROUP 3 . .................... $ 37 . 49
GROUP 4 . ............ .. ...... $ 39 . 04
GROUP 5 .................. . .. $ 39 . 39

LABORER CLASSIFICATIONS

21. 04

21. 04
GROUP 1 : Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition l aborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire wa tcher, limber, brush loader, piler and debris handler; Flag person; Gas , oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method ; Window cleaner; Wire mesh pulling - all concrete pouring operations
Document Control Page 22 of 34
GROUP 2 : Aspha lt shoveler; Cement dumper (on 1 yd . or larger mixer and handling bulk cement ) ; Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as wall s, slabs, decks, floors, foundation , footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving , airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt ; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete ; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3 : Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft . drill steel or longer; Dri-pak-it machine; Gas, oil and/or wate r pi peline wrapper, 6-in . pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type ; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and simil ar type materials
(""applying'"' means applying , dipping , brushing or handling

Page 164 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine , pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type ; Trenching machine, hand-propelled
GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump person , and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete ; Cribber, shorer, lagging, sheeting and trench bracing, hand- guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs . and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any s ubstance or element, whether water, sewage, solid gas, air, or other product whatsoeve r and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installe r ; Sandblaster (nozzle person), wa ter blasting, Porta Shot- Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and a ny and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
Document Control Page 23 of 34
GROUP 1 : Batch plant laborer; Changehouse person; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete , etc . ) GROUP 2 : Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person , jack hammer, pneumatic tools (except driller); Bull gang mucker, track person;

Page 165 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Concrete crew, including rodder and spreader
Document Control Page 24 of 34
GROUP 3 : Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person ; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timbe r person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4 : Diamond driller; Sandblaster; Shaft and raise work LAB00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, remova l of asbestos-containing material and toxic waste , encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffol ding ,
fabrication of temporary wooden barriers and assembly of decontamination stations .

LAB00345-001 07/01/2022
Rates

LABORER (GUNITE)
GROUP 1. ..... . . ... . . ........ $ 48 . 50
GROUP 2 ............ ......... $ 47 . 55
GROUP 3 ... . .......... . .... .. $ 44 . 01
Fringes

21. 37

21. 37
FOOTNOTE : GUNITE PREMIUM PAY : Workers working from a
Bosn ' n ' s Chair or s uspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicabl e classification rates, paid on a portal-to-portal basis. Any work performed on , in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75 ' -0 ''" above base level and which work must be performed in whole or in part more than 75'-0"" above base level , that work performed above the 75 '-0"" level shall be compensat ed for at 35 cents per hour above the applicable

Page 166 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
classification wage rate .

GUNITE LABORER CLASSIFICATIONS
GROUP 1 : Rodmen , Nozzlemen
GROUP 2 : Gunmen
GROUP 3 : Reboundmen
LAB01184 - 001 07/01/2022
Rates
Laborers : (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $ 40 . 69
(2) Vehicle Operator/Hauler. $ 40 . 86
(3) Horizontal Directional
Drill Operator . . . . .......... $ 42 . 71
(4) Electronic Tracking
Locator .................... . $ 44 . 71
Laborers : (STRIPING/SLURRY
SEAL)
GROUP 1. ................ . . . . $ 41. 90
GROUP 2 . . . . . . . . ............. $ 4 3 . 2 0
GROUP 3 ............. . ....... $ 45 . 21
GROUP 4 ..... .. ......... . .... $ 4 6 . 95

LABORERS - STRIPING CLASSIFICATIONS
Fringes
18 . 25
18 . 25
18 . 25
18 . 25
21 . 32

21. 32

21. 32
GROUP 1 : Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment ; equipment repair technician
GROUP 2 : Traffic surface abrasive bl aster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc . ) and
preparation of surface for coatings. Traffic control
pe rson : controll ing and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3 : Traffic delineating device applicator: Layout and a pplication of paveme nt markers, de lineating signs, rumble and traffic ba r s, adhesive s, guide mar kers, other traffic delineating devices including traffic control . This
category includes all traffic related surfac e preparation (sandblasting, waterblasting, grinding) as part of the
Document Control Page 25 of 34

Page 167 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing , cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment ; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LAB01414-001 08/03/2022
Rates

LABORER
PLASTER CLEAN- UP LABORER . ... $ 38 . 92
PLASTER TENDER .... ...... .... $ 41 . 47
Fringes
23 . 32
23 . 32
Work on a swing stage scaffold : $1.00 per hour additional .

PAIN0036-001 07/01/2023
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Rates
Diego County) ............... $ 29 . 59
(2) All Other Work .......... $ 38 . 52
Fringes
17 . 12
18 . 64
REPAINT of any previously painted structure. Exceptions :
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service , and sports facilities .

PAIN0036- 006 09/01/2022

DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:

Kern County Line to Hwy.
#5 , South on Hwy. #5 to
Hwy . N2, East on N2 to
Palmdale Blvd. , to Hwy .
#14 , South to Hwy . #18 ,
Rates Fringes
Document Control Page 26 of 34

Page 168 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
East to Hwy . #395 ........... $ 42 . 15
Remainder of Los Angeles
County . . . . .......... ..... . .. $ 4 6 . 2 8
PAIN0036- 015 01/01/2020
Rates
GLAZIER .. . . ............. ... .. .. .. $ 43 . 45
23 . 52
23 . 52
Fringes
23 . 39
FOOTNOTE : Additional $1 . 25 per hour for work in a condor, from the third (3rd) floor and up Additional $1 . 25 per hour for work on the outside of the building from a swing stage or any suspended contrivance , from t he ground up PAIN1247- 002 01/01/2023
Rates
SOFT FLOOR LAYER .............. . . . $ 41 . 60
PLAS0200- 009 08/03/2022
Rates
PLASTERER .. . . .. ........ . ......... $ 47 . 37
PLAS0500- 002 07/01/2020
Rates
CEMENT MASON/CONCRETE FINISHER .. . $ 38 . 50
PLUM0016- 001 09/01/2022

PLUMBER/PIPEFITTER
Wor k ONLY on new additions
and remodeling of bars,
restaurant , stores and
commercial buildings not
to e xceed 5, 000 s q . ft . of
Rates
floor space ................. $ 53 . 51
Work ONLY on strip malls,
light commercial , tenant
improvement and remodel
work ..... .. ................. $ 40 . 95
All other work e xcept work
on new additions and
remodeling of bars,
Fringes
16 . 38
Fringes
19 . 64
Fringes
25 . 91
Fringes
25 . 28
23 . 61
Document Control Page 27 of 34

Page 169 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
restaurant, stores and
corrunercial buildings not
to exceed 5, 000 sq . ft . of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work ....... .. .. . .......... . . $ 55 . 18
* PLUM0345-001 09/01/2023
Rates

PLUMBER
Landscape/Irrigation Fitter. $ 40 . 20
Sewer & Storm Drain Work .... $ 44 . 29
ROOF0036-002 08/01/2022
Rates
ROOFER ......... . .. ..... ......... . $ 43 . 47
26 . 26
Fringes
25 . 90
23 . 28
Fringes
19 . 52
Document Control Page 28 of 34
FOOTNOTE : Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1 . 75 per hour ""pitch premium"" pay .

SFCA0669-013 04/01/2022

DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES :

Rates Fringes
SPRINKLER FITTER .. . ... . ........ . . $ 43 . 25 26 . 77 SFCA0709- 005 01/01/2023

THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES :

Rates Fringes
SPRINKLER FITTER (Fire) ... .. . . ... $ 52 . 61 31. 25

Page 170 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020). City Project No: 295
SHEE0105- 002 07/01/2023
LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island)

SHEET METAL WORKER
(1) Light Commercial : Work
on general sheet metal and
heating and AC up to 4000
Rates
sq ft .. ... ........ ... . .. .... $ 33 . 10
(2) Modernization :

Excluding New Construction
- Under 5000 sq . ft . Does
not include modification,
upgrades, energy
management , or
conservation improvements
of central heating and AC
equpment .................... $ 33 . 10
SHEEOlOS-003 07/01/2023
Fringes
10 . 56
10 . 56
Document Control Page 29 of 34
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catal ina Island, INYO, KERN (Northeast part, East of Hwy 395) , MONO ORANGE , RIVERSIDE , AND SAN BERNARDINO COUNTIES

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
Rates
work . .. ..................... $ 55 . 16
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, e xcluding A- C,
heat ing, ventilating
systems for human comfort ... $ 55 . 16
SHEE0105-004 07/01/2023
Fringes
30 . 04
30 . 04
KERN (Exclud ing portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster a nd Palmdale} COUNTIES

Page 171 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
Rates
SHEET METAL WORKER ..... . ........ . $ 45 . 98
* TEAMOOll- 002 07/01/2023
Rates

TRUCK DRIVER
GROUP 1 ............ . .. . .... $ 38 . 19
GROUP 2 ......... . ......... . $ 38 . 34
GROUP 3 ....... . ............ $ 38 . 47
GROUP 4 .................... $ 38 . 66
GROUP $ ............ .... . . .. $ 38 . 69
GROUP 6 ....... . .. . ......... $ 38 . 72
GROUP 7 ... .... ........ . .... $ 38.97
GROUP 8 ......... .. ......... $ 39 . 22
GROUP 9 ... . ............. . .. $ 39 . 42
GROUP 10 . ................... $ 39 . 72
GROUP 11 .. . ................. $ 40 . 22
GROUP 12 ... .... ............. $ 40.65
WORK ON ALL MILITARY BASES :

PREMIUM PAY : $3 . 00 per hour additional .

Fringes
29 . 24
Fringes
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
33 . 69
DOOJment Control Page 30 of 34
(29 palms Marine Base , Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin , Marine Corps
Logistics Base at Nebo & Yermo , Mountain Warfa re Training Center, Bridgeport, Point Arguello , Point Conception,
Vandenberg AFB]

Page 172 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
plastic fusion, limited to pipeline and utility work ;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more ; Dumpcrete truck, 6- 1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds . water level
Document Control Page 31 of 34
GROUP 7: A Frame , Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level ; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10 : Dump truck - 50 yds . or more water level; Water pull - single engine with attachment
GROUP 11 : Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12 : Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
================================================================ Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1 , 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, i nc luding preventive care; to assist a family member (or person who is li ke family to the employee) who is ill, injured, or has other health- related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking . Additional information on contractor requirements and worker protections under the EO is available at
https : //www . dol.gov/agencies/whd/government- contracts.

Page 173 of 269 ends

Addeodum 1, Traffic Signal lmprovemeot at Various Signalized lnteisections in Sou1h El Monte HSIPL-5352(020), City Project No: 295 Doalment Control Page 32 of 34 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of "" identifiers "" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (we ighted average rate) or a union average rate (weighted union average rate) .

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than " "SU" " or '"' UAVG"" denotes that the union classification and rate were prevailing for that classification i n the survey . Example :

PLUM0198 - 005 07/01/2014 . PLUM is an abbreviation identifier of the union wh ich prevailed in the survey for this
classification, wh ich in this example would be Plumbers. 0198 indica t es the local union number or district council number where applicable, i .e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this e xample is July 1, 2014 .

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate .

Survey Rate Identifiers
Classifications listed under the ""SU" " identifier indicate that no one rate prevailed for this classification in the survey and the publi shed rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey , it may include both union and non-union rates . Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based . The next number, 007 in the example , is an internal number used in producing the

Page 174 of 269 ends

- -------------------------
Addendum 1, Traffic Signal Improvement at Various Signalized Intersections in South El Monte HSIPL-5352(020), City Project No: 295
wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Document Control Page 33 of 34
Survey wa ge rates are not updated and remain in effect until a new survey is conducted .

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevail ed for those
classifications; however, 100% of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a we ighted union average rate. OH indicates the state. The next numbe r, 0010 in the example, is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CSA rate of the union locals from which the rate is based .

WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? Th is can be:
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division lette r setting forth a position on a wage determination matter
a conformance (addit i o nal classification and rate) ruling On survey related matters, i ni t i al contact, including r equests for summaries of surveys, s hould be with the Wage and Hour National Office because National Office has responsibility for the Davi s-Bacon survey program. If the response from this initia l contact is not satisfactory , t hen the process described in 2 . ) and 3.) should be followed .

With rega rd to any other matter not yet ripe for the formal process described here , initial contact should be wi t h the Branch of Construction Wage Determinations. Write to :

Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor

Page 175 of 269 ends

Addendum 1, Traffic Signal Improvement at Various Signarized Intersections in Soulh El Monte HSIPL-5352(020), City Project No: 295
200 Constitution Avenue, N. W.

Washington, DC 20210
Document Control Page 34 of 34
2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to :

Wage and Hour Administrator
U. S . Department of Labor
200 Constitut i on Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party 's position and by any information (wage payment data , project description, area practice material , etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable , an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to :

Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N.W.

Washington , DC 20210
4 . ) All decisions by the Administrative Review Board are final . ==============================================================~= END OF GENERAL DECISIO"

Page 176 of 269 ends

Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization 1 LS $19,000.00 $19,000.00 $14,946.90 $14,946.90 $15,000.00 $15,000.00 $16,315.63 $16,315.63 $14,946.90 $19,000.00 2 Traffic Control 1 LS $22,000.00 $22,000.00 $141,603.80 $141,603.80 $90,000.00 $90,000.00 $84,534.60 $84,534.60 $22,000.00 $141,603.803 Furnish And Install High Visibility Yellow Reflective Strip At All Existing Vehicle Signal Head Backplates. 33 EA $312.00 $10,296.00 $218.90 $7,223.70 $600.00 $19,800.00 $376.97 $12,439.90 $218.90 $600.004 Remove And Salvage Existing Pedestrian Signal Head And Mounting Bracket. Furnish And Install New Countdown Pedestrian Signal Head And Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires. 54 EA $1,050.00 $56,700.00 $1,071.80 $57,877.20 $1,200.00 $64,800.00 $1,107.27 $59,792.40 $1,050.00 $1,200.00 5 Furnish And Install New Countdown Pedestrian Signal Head And Mounting Bracket Per Special Provisions. Install New Wires 2-#14 AWG 16 EA $1,650.00 $26,400.00 $1,607.90 $25,726.40 $1,500.00 $24,000.00 $1,585.97 $25,375.47 $1,500.00 $1,650.00 6 Remove And Salvage Existing 3-8" Traffic Signal Head. Furnish And Install New 3-12" Traffic Signal Head And Pole Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires. Furnish And Install High Visibility Yellow Reflective Strip On Vehicle Signal Head Backplates. 45 EA $1,240.00 $55,800.00 $1,668.30 $75,073.50 $1,500.00 $67,500.00 $1,469.43 $66,124.50 $1,240.00 $1,668.30 7 Remove And Salvage Existing 3-12" Traffic Signal Head With Broken Or Faded Backplate. Furnish And Install New 3-12" Traffic Signal Head And Pole Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires. Furnish And Install High Visibility Yellow Reflective Strip On Vehicle Signal Head Backplates. 50 EA $1,130.00 $56,500.00 $1,672.30 $83,615.00 $1,500.00 $75,000.00 $1,434.10 $71,705.00 $1,130.00 $1,672.30 8 Remove And Salvage Existing 3-8", 2-12" Traffic Signal Head With Broken Or Faded Backplate. Furnish And Install New 5-12" Traffic Signal Head And Pole Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires. Furnish And Install High Visibility Yellow Reflective Strip On Vehicle Signal Head Backplates. 1 EA $2,800.00 $2,800.00 $3,377.50 $3,377.50 $2,800.00 $2,800.00 $2,992.50 $2,992.50 $2,800.00 $3,377.50 9 Furnish and install SV-2-TA traffic signal mounting bracket. 7 EA $925.00 $6,475.00 $1,155.30 $8,087.10 $1,000.00 $7,000.00 $1,026.77 $7,187.37 $925.00 $1,155.30 10 Furnish and install SV-1-T traffic signal mounting bracket. 22 EA $900.00 $19,800.00 $1,046.40 $23,020.80 $1,000.00 $22,000.00 $982.13 $21,606.93 $900.00 $1,046.4011 Furnish and install SP-2-T pedestrian signal mounting bracket. 12 EA $960.00 $11,520.00 $830.60 $9,967.20 $1,000.00 $12,000.00 $930.20 $11,162.40 $830.60 $1,000.0012 Furnish and install TV-1-T traffic signal mounting bracket. 18 EA $900.00 $16,200.00 $1,139.80 $20,516.40 $1,000.00 $18,000.00 $1,013.27 $18,238.80 $900.00 $1,139.8013 Furnish and install SP-1-T pedestrian signal mounting bracket. 45 EA $762.00 $34,290.00 $479.90 $21,595.50 $1,000.00 $45,000.00 $747.30 $33,628.50 $479.90 $1,000.0014 Furnish and install MAS traffic signal mounting bracket. 34 EA $685.00 $23,290.00 $153.10 $5,205.40 $900.00 $30,600.00 $579.37 $19,698.47 $153.10 $900.0015 Furnish and install TV-2-T traffic signal mounting bracket. 5 EA $1,000.00 $5,000.00 $1,212.40 $6,062.00 $1,000.00 $5,000.00 $1,070.80 $5,354.00 $1,000.00 $1,212.4016 Furnish and install TP-1-T Pedestrian Mounting Bracket 1 EA $800.00 $800.00 $751.70 $751.70 $800.00 $800.00 $783.90 $783.90 $751.70 $800.0017 Furnish and install 2 - #14 AWG wires in the existing conduit. Connect to the traffic signal controller. 2 EA $2,650.00 $5,300.00 $774.90 $1,549.80 $2,000.00 $4,000.00 $1,808.30 $3,616.60 $774.90 $2,650.00

1. BID TABULATION
Bid Item and Description

BID TABULATION
Apparent Low Bidder 1
Elecnor Belco Electric, Inc.

PROJECT NAME: TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONSCITY PROJECT NO: 295

HIGHEST

UNIT BID
PRICE

AVERAGE BID VALUES LOWEST

UNIT BID
PRICE
Yunix, LLC
Apparent Low Bidder 2 Apparent Low Bidder 3
DBX, Inc.

D:\Dropbox (Transtech Engineers)\JOBRECRD\2019\19094 SEM HSIP CYC 9, TS IMP AT VARIOUS LOCATIONS\WIP\28 BID ANALYSIS\BID ANALYSIS, SEM, HSIP CYC 9, TS IMP, 9‐26‐23BID TABULATION 1 of 5 Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 1 of 27 ATTACHMENT C

Page 177 of 269 ends

Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price

1. BID TABULATION
Bid Item and Description

BID TABULATION
Apparent Low Bidder 1
Elecnor Belco Electric, Inc.

PROJECT NAME: TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONSCITY PROJECT NO: 295

HIGHEST

UNIT BID
PRICE

AVERAGE BID VALUES LOWEST

UNIT BID
PRICE
Yunix, LLC
Apparent Low Bidder 2 Apparent Low Bidder 3
DBX, Inc.
18 Furnish and install 2 load switches in the controller cabinet. 4 EA $409.00 $1,636.00 $1,488.60 $5,954.40 $1,500.00 $6,000.00 $1,132.53 $4,530.13 $409.00 $1,500.0019 Remove And Salvage Existing 5-12" Traffic Signal Head With Broken OrFaded Backplate. Furnish And Install New 5-12" Traffic Signal Head AndPole Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires.Furnish And Install High Visibility Yellow Reflective Strip On Vehicle SignalHead Backplates. 2 EA $2,150.00 $4,300.00 $2,594.50 $5,189.00 $2,800.00 $5,600.00 $2,514.83 $5,029.67 $2,150.00 $2,800.00 20 Remove And Salvage Existing 4-12" Traffic Signal Head With Broken OrFaded Backplate. Furnish And Install New 4-12" Traffic Signal Head AndPole Mounting Bracket Per Special Provisions. Reuse Existing Signal Wires.Furnish And Install High Visibility Yellow Reflective Strip On Vehicle SignalHead Backplates. 2 EA $1,800.00 $3,600.00 $1,320.30 $2,640.60 $2,800.00 $5,600.00 $1,973.43 $3,946.87 $1,320.30 $2,800.00 Apparent Low
Bidder 1
Apparent
Low Bidder
2 Apparent
Low Bidder 3
$381,707.00 $519,983.90 $520,500.00
$381,707.00 $519,983.90 $520,500.00
$0.00 $0.00 $0.00
0% 0% 0%

N/A N/A N/A
TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 SUBCONTRACTORS
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICESIS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTSCALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNTBID RANKINGSUBCONTRACTOR % AND AMOUNT SHOWN IN THE BIDTOTAL BID AMOUNT INDICATED BY BIDDER YES
D:\Dropbox (Transtech Engineers)\JOBRECRD\2019\19094 SEM HSIP CYC 9, TS IMP AT VARIOUS LOCATIONS\WIP\28 BID ANALYSIS\BID ANALYSIS, SEM, HSIP CYC 9, TS IMP, 9‐26‐23BID TABULATION 2 of 5 Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 2 of 27

Page 178 of 269 ends

APPARENT LOW BID AMOUNT: $381,707.00
REVIEW RESULT BY DATEYES RR 9/26/23
ACKNOWLEDGED ADDENDA YES RR 9/26/23
YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23YES RR 9/26/23N/A RR 9/26/23 PRIME CONTRACTOR LICENSE STATUS: ELECNOR BELCO ELECTRIC, INC. 738518 RR 9/26/23PRIME CONTRACTOR DIR REGISTRATION STATUS: ELECNOR BELCO ELECTRIC, INC. 1000004804 RR 9/26/23PRIME CONTRACTOR DEBARMENT STATUS FROM STATE CONTRACTS: ELECNOR BELCO ELECTRIC, INC. NOT ON STATE DEBRRED LIST RR 9/26/23PRIME CONTRACTOR DEBARMENT STATUS FROM FEDERAL CONTRACTS: ELECNOR BELCO ELECTRIC, INC. NOT ON FEDERAL DEBARRED LIST RR 9/26/23 YES RR 9/26/23
TOTAL BID PRICES CALCULATED CORRECTLY:SUBCONTRACTOR AMOUNT:

2. REVIEW OF APPARENT LOW BID
APPARENT LOW BID SUBMITTED BY: Elecnor Belco Electric, Inc.ITEM REVIEWED/CHECKEDCOMPLETED AND SIGNED BID COVER FORM

REMARKS

COMPLETED AND SIGNED BID SHEETSCOMPLETED AND SIGNED QUESTIONNAIRECOMPLETED REFERENCES FORMRESUME OF GENERAL CONSTRUCTION SUPERINTENDENT/ON-SITE CONSTRUCTION MANAGERCOMPLETED SUBCONTRACTOR DESIGNATION FORMCOMPLETED AND SIGNED INDUSTRIAL SAFETY RECORD FORMCOMPLETED, SIGNED AND NOTARIZED BID BOND OR OTHER SECURITY FORMCOMPLETED FEDERAL WAGE RATESSIGNED NON-COLLUSION DECLARATION FORMCOMPLETED CONSTRUCTION CONTRACT DBE COMMITMENTCOMPLETED DBE INFORMATION - GOOD FAITH EFFORTSEVIDENCE SATISFACTORY TO THE CITY INDICATING CAPACITY OF THE PERSON(S) SIGNINGCOMPLETED AND SIGNED DISCLOSURE OF LOBBYING ACTIVITIESCOMPLETED NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONCOMPLETED PUBLIC CONTRACTING CODE REQUIREMENTSCOMPLETED DEBARMENT AND SUSPENSION CERTIFICATIONCOMPLETED NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACTS REFERENCE CHECK ACCEPTABLE:

Print-out from DIR Web Page attached (https://cadir.secure.force.com/ContractorSearch/) Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/)Print-out from DIR Web Page attached (http://www.dir.ca.gov/dlse/debar.html)Print-out from SAM Web Page attached (https://www.sam.gov/SAM/) D:\Dropbox (Transtech Engineers)\JOBRECRD\2019\19094 SEM HSIP CYC 9, TS IMP AT VARIOUS LOCATIONS\WIP\28 BID ANALYSIS\BID ANALYSIS, SEM, HSIP CYC 9, TS IMP, 9‐26‐23REVIEW OF APPARENT LOW BID 3 of 5 Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 3 of 27

Page 179 of 269 ends

REFERENCE PROJECT OWNER AND REFERENCE NAME
TEL
AMOUNT

DATE COMPLETED

DID THE CONTRACTOR DO

QUALITY WORK

DID THE CONTRACTOR STAY ON

SCHEDULE

DID THE CONTRACTOR ASK FOR

UNNECESSARY CHANGE
ORDERS

DID THE CONTRACTOR FILE

CLAIMS AGAINST YOU

WILL YOU HIRE THE

CONTRACTOR AGAIN REMARKS
Traffic Signal & ADA Improvements Project
City of Palm SpringsKevin Higgins 909-890-9693 $2,847,759.00 12/31/2021 YES YES NO NO YES 9/26: Called and answered all questions.Notes: Reference had no negative feedback.

Change orders on the project were driven byextenuating circumstances.

RR 9/26/2023
Broadway Improvmenets Traffic Signal Modifications from Victoria Street to Alondra City of CarsonReata Kulcsar
310-952-1700 ext. 1312 $1,188,835.00 1/21/2021 N/A N/A N/A N/A N/A Called on 9/26/23 and left a VM. RR 9/26/2023 Santa Fe Avenue Synchronization Enhancement
City of Long BeachArek Harmandayan 562-570-6764 $2,903,298.00 8/31/2022 YES YES NO NO YES 9/26: Called and answered all questions.NOTES: Last minute change orders, triggered by the city. Currently working with the city again. Donald Hopkins was very a responsive PM.

RR 9/26/2023

3. REFERENCE CHECK OF APPARENT LOW BIDDER

REFERENCE CHECK FOR APPARENT LOW BIDDER

CHECKED BY
DATE
Answer "YES" if satisfied or "NO" if not satisfied

REFERENCE DATA FOR APPARENT LOW BIDDER
Elecnor Belco Electric, Inc.

D:\Dropbox (Transtech Engineers)\JOBRECRD\2019\19094 SEM HSIP CYC 9, TS IMP AT VARIOUS LOCATIONS\WIP\28 BID ANALYSIS\BID ANALYSIS, SEM, HSIP CYC 9, TS IMP, 9‐26‐23REF CHECK 4 of 5 Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 4 of 27

Page 180 of 269 ends

Elecnor Belco Electric, Inc.
$381,707.00

4. LOWEST RESPONSIVE BID
LOWEST RESPONSIVE BID SUBMITTED BY: IN THE AMOUNT OF:

D:\Dropbox (Transtech Engineers)\JOBRECRD\2019\19094 SEM HSIP CYC 9, TS IMP AT VARIOUS LOCATIONS\WIP\28 BID ANALYSIS\BID ANALYSIS, SEM, HSIP CYC 9, TS IMP, 9‐26‐23LOWEST RESPONSIVE BID 5 of 5 Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 5 of 27

Page 181 of 269 ends

Data current as of 9/26/2023 3:22:33 PM
Home | Online Services | License Details
Contractor's License Detail for License # 738518
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

ELECNOR BELCO ELECTRIC INC
14320 ALBERS WAY
CHINO, CA 91710
Business Phone Number:(909) 993-5470
Entity Corporation
Issue Date 07/28/1997
Expire Date 07/31/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with LIBERTY MUTUAL INSURANCE COMPANY.

Bond Number: 015221477
Bond Amount: $25,000
Effective Date: 08/01/2023
Contractor's Bond History
Bond of Qualifying Individual
This license filed Bond of Qualifying Individual number 015222042 for JOHN LOON-HAE WONG in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 07/31/2023
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the SENTINEL INSURANCE COMPANY LTD Policy Number:10WEAAA6VQ6
Effective Date: 11/01/2021
Expire Date: 11/01/2023
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C10 - ELECTRICAL
 B - GENERAL BUILDING
 A - GENERAL ENGINEERING
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 6 of 27

Page 182 of 269 ends

Copyright © 2023 State of California
Other
 Personnel listed on this license (current or disassociated) are listed on other licenses.

Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 7 of 27

Page 183 of 269 ends

9/26/23, 3:24 PM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 1/2 Contractor Information
Legal Entity Name
ELECNOR BELCO ELECTRIC, INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000004804
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
14320 ALBERS WAY CHINO 91710 CA United St…
Physical Address
14320 ALBERS WAY CHINO 91710 CA United St…
Email Address
Trade Name/DBA
License Number(s)
CSLB:738518
Registration History
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Alberto Garcia
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name:

Roger DeVito
Agent of Service Mailing Address:
14320 Albers Way Chino 91710 CA United States of America Workers Compensation
Effective Date Expiration Date
6/13/2018 6/30/2019
5/24/2017 6/30/2018
6/1/2016 6/30/2017
6/4/2015 6/30/2016
1/6/2015 6/30/2015
7/1/2019 6/30/2022
7/1/2022 6/30/2025
Do you lease employees
through Professional
Employer Organization
(PEO)?:

No
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 8 of 27

Page 184 of 269 ends

9/26/23, 3:24 PM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Please provide your
current workers
compensation insurance
information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:ELECNOR BELCO ELECTRIC, INC.Insurance Carrier:

HARTFORD FIRE INSURANCE COMPANYPolicy Number:10 WEA AA6VQ6Inception date:
11/1/2021Expiration Date:11/1/2022
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 9 of 27

Page 185 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 1/15
DLSE Debarments
The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the “Period of Debarment” for status of debarment period as noted below:

As part of your due diligence, we suggest that you also check:

Contractor status at the Contractors State License Board (CSLB) Labor Commissioner's Office DLSE Debarments

     Índice en español  Settings
 Translate
Menu

Search
Labor Law
Cal/OSHA - Safety & Health
Workers' Comp
Self Insurance
Apprenticeship
Director's Office
Boards
How can we
help you
today?

NONE LISTED
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 10 of 27

Page 186 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 2/15
The Federal debarment list at the Excluded Parties List System Name of contractor Period of debarment
MICHAEL FLOORING, INC.;

BENNY MICHAEL
CSLB License Number: 874947
5/30/2023 through 5/30/2026
Decision SC 7278
The debarment order is currently
stayed by order of the Kern County
Superior Court
TOBO CONSTRUCTION, INC.;
JIMI WAN CHAE; MONICA SHIUN OH;

KYUNG JIN YOON,
CSLB License Number: 758012
5/10/2023 through 5/10/2026
Decision SC 7250
G M Climate Control, Inc.

CSLB License Number: 967267
3/2/2023 through 9/2/2024
Decision 40-71536-603

MINAKO AMERICA CORPORATION DBA MINCO
CONSTRUCTION;

AND REFAAT HILMAY MINA,
CSLB License Number: 612429
9/27/2021 through 9/26/2022
Decision LB 6333
GRFCO, INC. DBA ONSITE KRUSHING;
GARCIA JUAREZ CONSTRUCTION, INC.;
GEORGE ROBERT FROST; AND JAMES CRAIG

JACKSON
CSLB License Number: 291013 and 84801
5/21/2021 through 5/20/2024
Decision LB 6629
ECS CONTRACTORS, INC. dba ECS ELECTRIC, INC.;
UMAR KHALID RANA, an indvidual and CEO/RMO of
ECS CONTRACTORS, INC.; and KANWAL SAJJAD
3/1/2020 through 3/1/2023
Decision LB 5590

Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 11 of 27

Page 187 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 3/15
RANA, an indvidual and RMO of ECS CONTRACTORS,
INC.

CSLB License Number: 975222
Avi Shechter, Individually
DBA Avi Shechter
CSLB Number: 908891 and 1018353
5/6/2019 through 5/5/2022
Decision LB 6328
Patrick Kim, Individually
DBA Ritecon Plumbing
CSLB Number: 991018
8/21/2018 through 8/20/2019
Decision LB 6762
Bighorn Construction, Inc.

CSLB Number: 597866
5/5/2018 through 5/4/2021
Decision LB 6658
Doug Parks, Individually dba
Doug Parks and Son Plumbing
CSLB Number: 411825
10/11/2017 through 10/10/2019
Decision SC 5807
Worthington Construction, Inc.;
Dale Worthington, an individual and CEO/RMO of
Worthington Construction, Inc.; and,
Holi Jeanne Worthington, an individual and Officer of
Worthington Construction
CSLB Number: 714836
6/15/2018 through 9/16/2019
Decision LB 5267
RMV Construction, Inc., A California Corporation; and
Robert
Michael Vasil II a.k.a. Robert Michael Vasil a.k.a.

Mike Vasil, an Individual and CEO/RMO President of
RMV
4/1/2017 through 8/18/2018
Decision LB 5266
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 12 of 27

Page 188 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 4/15
Construction, Inc.

CSLB Number: 892389
Gewargis Youkhanis Narso, an individual dba
GEHVAC and Technologies, a sole proprietorship,
And GEHVAC Co., a sole proprietorship
CSLB Number: 899312 and 1013848
2/1/2017 through 1/31/2020
Decision 40-48480-516
Joseph Brothers Enterprise, Inc.; Ken Joseph Individually and as CEO
CSLB Number: 849169
4/3/2018 through 10/3/2019
Decision SC 6390
Dave Cook Concrete Construction, Inc., and David
William Cook
34231 Camino Capistrano #102
Capistrano Beach, CA 92624-1189
CSLB Number: 461897
3/1/2017 through 2/29/2020
Decision LB 6207
Bannaoun Engineers Constructors Corporation; Omar
Maloof, An Individual
P.O. Box 16599
Beverly Hills, CA 90209-2599
CSLB Number: 827829
05/12/17 through 05/11/20
Decision SC 5517
Evans Roofing Co., Inc.
2020 South Yale Street
Santa Ana, CA 92706
CSLB Number: 610549
10/31/16 through 10/30/19
Decision LB 6270
Guillermo Ibaibarriaga dba Sierra Nevada Stucco and
2K Roofing
05/14/17 through 05/13/20
Decision SC 6037
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 13 of 27

Page 189 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 5/15
Sierra Nevada Stucco
P.O. Box 8472
Reno, NV 89502
CSLB Number: 915812
2K Roofing
820 Kuenzli Street
Reno, NV 89502
CSLB Number: 954551
Del Norte Construction, And Trinidad Manuel Canales,
an Individual
PO Box 5101
Oxnard, CA 93030
5020 Wooley Rd.

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533
Diversified Building & Electric Company, Inc.
409 Tennant Station
Morgan Hill, CA 95037
Denis Andrew Maris, Individually and Doing Business as
Diversified Electric Company
CSLB Number: #765312
2/15/16 through 8/15/17
Decision SC 5714
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual and in his
capacity as Responsible Managing Officer of FAST
DEMOLITION, INC.
4/1/44 through 3/31/47
Decision LB5742
4/1/41 through 3/31/44
Decision LB5665
4/1/36 through 3/31/39
Decision LB5740
4/1/33 through 3/31/37
Decision LB5651
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 14 of 27

Page 190 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 6/15
4/1/33 through 3/31/37
Decision LB5739
4/1/24 through 3/31/27
Decision LB5741
4/1/30 through 3/31/33
Decision LB5743
4/1/27 through 3/31/30
Decision LB5666
4/1/21 through 3/31/24
Decision LB5667
4/1/18 through 3/31/21
Decision LB5668
4/01/15 through 3/31/18
Decision LB5345
Amerivet Plumbing, Inc.; Walter Edward Jacob
Kuhlmann III, Individually And dba Amerivet Plumbing
Services
CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756
Ultimate Inc., And, Enrique Vera, an Individual
PO Box 571117
Tarzana, CA 91356-1117
CSLB Number: #949229
12/1/15 through 11/30/18
Decision LB 5655 & LBS659
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
2/01/15 through 1/31/18
Decision LB 5596
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 15 of 27

Page 191 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 7/15
William Ben Hicks, an individual;
Margaret Mary Hicks, an individual
L A Builders, Inc., a California Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
CSLB #748591
Alon Gamliel, an individual
2/01/15 through 1/31/18
Decision LB5 171
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
Edward Eugene Brammer, an individual
and in his capacity as President/CEO/RMO
4/01/15 through 3/31/18
Decision LB 5323
Daughter Construction
formerly dba Hy Carpentry Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as manager/supervisor for Sharon Jin Yoo and in his capacity as General Partner for HY
Construction, a General Partnership.
4/01/15 through 3/31/18
Decision LB 5466, LB5467, LB5468
& LB5520
RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through 12/14/16
Decision 40-40508-522 & 44-
40509-522
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
11/3/14 through 11/2/17
Decision SC 5539
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 16 of 27

Page 192 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 8/15
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518
Dick Emard Electric.
dba Emard Electric Luke Richard Emard, an individual
and RMO
5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough 11/2/17
Decision SC 5521
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave.

Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495
Neris General Contractors, a California Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.

Long Beach, CA 90805
CSLB# 797967
2/28/14 through 2/27/17
Decision LB 4511, LB4512 &
LB4521
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through 10/13/17
Decision SAC 5492
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 17 of 27

Page 193 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 9/15
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing Officer/CEO/President
Dora Maria Contreras, an Individual and
Agent/Officer of the Corporation
8/4/14 through 8/3/17
Decision SAC 5506
Tadros & Youssef Construction, Inc.

Kamel Shaker Tadros & Makram Youssef Youssef,
Individually
1221 E 8th Street, Unit A, Upland, CA 91786
CSLB# 698182 (expired)
5/10/14 through 5/9/17
Decision SAC 5308
Serenity Fire Protection
417 S. Associated Road, Brea, CA 92821
CSLB# 902927
5/1/14 through 4/30/17
Decision LB 4202
Don Kelly Construction , Inc.

Don Kelly, Individual and Lisa Kelly, Individual
171 Northview Ridge Lane, P.O. Box 10760, Bozeman, MT
59719
3/25/14 through 3/24/17
Decision LB 4484
Aldan, Inc.

P.O. Box 9428, Brea, CA 92822
CSLB #949229
2/28/14 through 2/27/17
Decision LB5175
Russell/Thompson, Inc.

James Jean Russell & Valery Alena Thompson,
10/31/13 through 10/31/16
Decision SC 5309
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 18 of 27

Page 194 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 10/15
Individually
4684 Oak Glen Dr., Redding, CA 96001
CSLB# 915036 (revoked)
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
CLSB#710322
5/15/2013 through 5/15/2014
Decision SAC 1039
Wallcrete Industries, Inc.; Garit David
Wallace and Amber Anderson, Individuals
400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles, CA 90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198
Jeffrey Alan Mott and Michelle Mott, individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095
All West Construction, Inc.

Donald Kent Russell
3/31/11 through 3/30/13
Decision se 5013
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 19 of 27

Page 195 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 11/15
495 N. Marks Ave.

Fresno, CA 93706
CSB # 592321 Exp. 4/3/12 (suspended)
Country Builders, Inc.

Weldon Offill, individually
5915 Graham Ct.

Livermore, CA 94550
CSB # 699574 Exp. 11/30/12 (active)
3/1/11 through 2/28/14
Decision SC 5053
Addendum SC 5053
Sutter Foam & Coating, Inc.
909 A. George Washington
Yuba City, CA 95993
CSB # 732014 Exp. 1/31/09 (inactive)
David Alvin Trexler, an individual
909 A. George Washington
Yuba City, CA 95993
Kenneth A. Trexler, an individual
2603 Lago Lane
Marysville, CA 95901
7/1/10 through 6/30/13
Decision SAC 5012
Soo Dong Kim, an individual,
dba Soo Kim Electric Company
16224 Ridgeview Lane
La Mirada, CA 90638
CSB # 568103 Exp. 8/1/09 (inactive)
Hyo Nam Jung, an individual,
dba Lucid Electric
18621 Well Street
Rowland Heights, CA 91748
CSB # 914692 Exp. 4/3/10
4/19/10 through 4/18/13
Decision SAC 1064
Southwest Grading,
dba Southwest Grading Services, Inc.,
22031 Waite Street
Wildomar, CA 92595
3/18/10 through 3/17/13
Decision SAC 1058
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 20 of 27

Page 196 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 12/15
David Walter Cholewinski, an individual
22031 Waite Street
Wildomar, A 92595
29970 Technology Drive, Ste. 205
Murrieta, CA 92563
CSB #840416 Exp. 6/30/10
S.J. Cimino Electric, Inc., a California corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO and President of
S.J. Cimino Electric, Inc. and sole owner of S.J. Cimino Electric, an individual
5825 Heights Rd.

Santa Rosa, CA 95401
CSB #343802 Exp. 2/28/10
CSB #294141 Exp. 9/30/13 (inactive)
10/15/09 through 10/14/12
Decision SAC 1052
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr
Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042
All Floors Commercial and Residential Flooring, Inc.

Salvador Elias Perea, individually
750 E. McGlincy Lane, #103
Campbell, CA 95008
CSB #430969 Exp. 7/31/09
5/14/09 through 5/13/12
Decision SAC 1040
1-AMD Construction, Inc.

Alberto Mordoki, individually
Mirella Mordoki, individually
5300 Beach Blvd., Suite 110-416
Buena Park, CA 90621
3/16/09 through 3/15/12
Decision SAC1037
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 21 of 27

Page 197 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 13/15
CSB #787533, revoked
Updated: August 2023
Labor Commissioner's Office
Judgment Enforcement Unit
Outreach
Bureau of Field Enforcement
Wage Claim Adjudication
Retaliation (RCI)
Garment Work
Registration Services
Public Works
Electrician Certification Unit
New Labor Laws in California
Frequently asked questions
Legislative reports
License and Registration Search
Private Attorney General Act (PAGA)
Judgment Search
Port Drayage Search
Wage Claims Search
Frequently asked questions
Quick Links
▶
▶
▶
▶
▶
▶
▶
▶
▶
▶
▶
▶
▶
▶
Resources
▶
▶
▶
▶
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 22 of 27

Page 198 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 14/15
License and Registration Search
Legislative reports
Publications
Forms
About Us
Locations, Contacts, and Hours of Operation
Jobs at DIR
You can pay your bill
online.

Need to make a payment?
( Haga un pago en línea. )
▶
▶
▶
▶
About the Labor Commissioner's Office
▶
▶
About DIR
Who we are
DIR Divisions, Boards & Commissions
Tribal Consultation
Contact DIR
Work with Us
Career Opportunities
Licensing, registrations, certifications & permits
Required Notifications
Public Records Requests
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 23 of 27

Page 199 of 269 ends

9/26/23, 3:24 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 15/15
Learn More
Acceso al idioma
Frequently Asked Questions
Federal Funding Disclosure
Site Map
Copyright © 2023 State of California
Back to Top
Conditions of Use
Disclaimer
Privacy Policy
Nondiscrimination Notice
Accessibility
Site Help
Contact DIR



Report a website issue
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 24 of 27

Page 200 of 269 ends

9/26/23, 3:25 PM SAM.gov | Search
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5Bsimple… 1/3 An official website of the United States government
Here’s how you know
You have 1 new alerts
Show / Hide Alerts
Search
All Words
e.g. 1606N020Q02
Select Domain
Entity Information
All Entity Information
Entities
Disaster Response Registry
Responsibility / Qualification
Exclusions
Filter By
Keyword Search
For more information on how to use our keyword search, visit our help guide Simple Search Search Editor
Any Words
All Words

NONE LISTED
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 25 of 27

Page 201 of 269 ends

9/26/23, 3:25 PM SAM.gov | Search
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5Bsimple… 2/3 Classification
Excluded Individual
Excluded Entity
Federal Organizations
Exclusion Type
Exclusion Program
Location
Dates
Exact Phrase
e.g. 123456789, Smith Corp
"ELECNOR BELCO ELECTRIC"
elecnor
Reset
No matches found
We couldn't find a match for your search criteria.

Please try another search or go back to previous results.

Go Back
Our Website
Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 26 of 27

Page 202 of 269 ends

9/26/23, 3:25 PM SAM.gov | Search
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5Bsimple… 3/3 Our Partners
Policies
Customer Service
General Services Administration
This is a U.S. General Services Administration
Federal Government computer system that is "FOR
OFFICIAL USE ONLY." This system is subject to
monitoring. Individuals found performing
unauthorized activities are subject to disciplinary
action including criminal prosecution.

Traffic Signal Improvements at Various Signalized Intersections in South El Monte, Project No. 295 Document Control Page 27 of 27

Page 203 of 269 ends

01257.0006/903844.2

ATTACHMENT D

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
ELECNOR BELCO ELECTRIC, INC.

Page 204 of 269 ends

-1-
01257.0006/903844.2

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
ELECNOR BELCO ELECTRIC, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 10th day of October 2023 by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and ELECNOR BELCO ELECTRIC, INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this

Page 205 of 269 ends

-2-
01257.0006/903844.2
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified

Page 206 of 269 ends

-3-
01257.0006/903844.2
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all

Page 207 of 269 ends

-4-
01257.0006/903844.2
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided

Page 208 of 269 ends

-5-
01257.0006/903844.2
either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Page 209 of 269 ends

-6-
01257.0006/903844.2
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of

Page 210 of 269 ends

-7-
01257.0006/903844.2
equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Eighty One Thousand Seven Hundred Seven Dollars and Zero Cents ($381,707.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,

Page 211 of 269 ends

-8-
01257.0006/903844.2
and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in

Page 212 of 269 ends

-9-
01257.0006/903844.2
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding October 10, 2024 from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Page 213 of 269 ends

-10-
01257.0006/903844.2
John Wong _______________ Vice President ____________
(Name) (Title)
Jeroni Gervilla____________ CFO____________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Rene Salas or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,

Page 214 of 269 ends

-11-
01257.0006/903844.2
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services

Page 215 of 269 ends

-12-
01257.0006/903844.2
to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium

Page 216 of 269 ends

-13-
01257.0006/903844.2
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Page 217 of 269 ends

-14-
01257.0006/903844.2
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Page 218 of 269 ends

-15-
01257.0006/903844.2
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:

Page 219 of 269 ends

-16-
01257.0006/903844.2
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor

Page 220 of 269 ends

-17-
01257.0006/903844.2
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted

Page 221 of 269 ends

-18-
01257.0006/903844.2
documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other

Page 222 of 269 ends

-19-
01257.0006/903844.2
appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

Page 223 of 269 ends

-20-
01257.0006/903844.2

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $250 (Two Hundred Fifty Dollars) as liquidated damages for each calendar day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be

Page 224 of 269 ends

-21-
01257.0006/903844.2
such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

Page 225 of 269 ends

-22-
01257.0006/903844.2
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

Page 226 of 269 ends

-23-
01257.0006/903844.2
ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Page 227 of 269 ends

-24-
01257.0006/903844.2

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

Page 228 of 269 ends

-25-
01257.0006/903844.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
____________________________________
Rene Salas, City Manager
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONTRACTOR:

ELECNOR BELCO ELECTRIC, Inc., a
California corporation
By:

Name: John Wong
Title: Vice President
By:

Name:

Title:

Address: 14320 Albers Way
Chino, CA 91710
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Page 229 of 269 ends

01257.0006/903844.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Page 230 of 269 ends

01257.0006/903844.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Page 231 of 269 ends

01257.0006/903844.2 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Traffic Signal Improvements at Various Signalized Intersections in South El Monte, including any documents or exhibits referenced therein and attached hereto as Exhibit A-1
II. Brief description of the work to be performed:

The work involves furnishing all labor, material, equipment, services, and incidentals required for traffic signal placement, including the installation of conduits, pull boxes, signal heads, sensor units, pedestrian push buttons, traffic signal poles, traffic striping, hauling and disposal, and traffic control throughout.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Project Baseline Schedule
B. Project Look ahead Schedule (3 weeks look ahead) Updates IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

Page 232 of 269 ends

01257.0006/903844.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

None.

Page 233 of 269 ends

01257.0006/903844.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

Page 234 of 269 ends

01257.0006/903844.2 C-2
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the amount provided in Section 2.1 of this Agreement, provided that if the City’s contract officer deems it

Page 235 of 269 ends

01257.0006/903844.2 C-3
necessary and within the contract officer’s sole discretion, the contract officer can approve an additional contingency amount up to 15% for a total not to exceed amount of $438,963.05.

Page 236 of 269 ends

01257.0006/903844.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

The Contractor shall complete all work within 160 working days of the issuance of the Notice to Proceed.

II. Contractor shall deliver the following tangible work products to the City by the following dates.

N/A.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Page 237 of 269 ends

01257.0006/903844.2 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to ELECNOR BELCO ELECTRIC, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SINGALIZED INTERSECTIONS IN SOUTH EL MONTE PROJECT;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all 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 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.

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 the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)

Page 238 of 269 ends

01257.0006/903844.2 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Page 239 of 269 ends

01257.0006/903844.2

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to ELECNOR BELCO ELECTRIC, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS IN SOUTH EL MONTE PROJECT;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

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 the work to be performed thereunder.

Page 240 of 269 ends

01257.0006/903844.2
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Page 241 of 269 ends

01257.0006/903844.2

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of SOUTH EL MONTE
Project: Traffic Signal Improvements at Various Signalized Intersections in South El Monte Project
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

Page 242 of 269 ends

01257.0006/903844.2
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

Page 243 of 269 ends

01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

Page 244 of 269 ends

01257.0006/903844.2
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)

Page 245 of 269 ends

01257.0006/903844.2
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 246 of 269 ends

01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

Page 247 of 269 ends

01257.0006/903844.2
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page)

Page 248 of 269 ends

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 249 of 269 ends

01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

Page 250 of 269 ends

01257.0006/903844.2

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

Page 251 of 269 ends

01257.0006/903844.2
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 252 of 269 ends

ATTACHMENT 2: VICINITY MAP / LOCATION MAP
City of South El Monte (Sponsoring Agency)
City of South El Monte (Sponsoring Agency) HSIP Cycle 9

S O U T H E L

M O N T E E L M O N T E
Scale

P R O J E C T L O C A T I O N S
1000’
6 5
7 8
1 2
3 4
Garvey Ave & Chico Ave
Garvey Ave & Potrero Ave
Chico Ave & Rush St
Potrero Ave & Rush St
L E G E N D City Boundary
2 R O S E M E A D
1 5
Merced Ave & Rush St
Central Ave & Rush St
Tyler Ave & Rush St
Durfee Ave & Rush St
CALTRANS DISTRICT 7
COUNTY: LOS ANGELES
LOCAL AGENCY: MONTEREY PARK
County of Los
Angeles in the
State of California
City of South El
Monte in Los
Angeles County
10 9
11 Santa Anita Ave & Tyler Ave
Michael Hunt Dr & Santa Anita Ave
Durfee Ave & Peck Rd
Garvey Ave &
Chico Ave
Garvey Ave &
Potrero Ave
Merced Ave
& Rush St
4 9
6 7
Santa Anita Ave
& Tyler Ave
Tyler Ave &
Rush St
Central Ave &
Rush St
Potrero Ave &
Rush St
Chico Ave &
Rush St
3 Michael Hunt Dr
& Santa Anita Ave
10 8
11 Durfee Ave
& Peck Rd
Durfee Ave
& Rush St
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 58 of 141 ATTACHMENT E - Work Locations

Page 253 of 269 ends

City Council Agenda Report
Agenda Item No. 9.a.

DATE: October 10, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-96, APPROVING A LICENSE AGREEMENT WITH
PLACER.AI TO ACCESS PROFESSIONAL MARKET DATA
SUMMARY: Staff is seeking to enter into a license agreement with Placer.ai, a location/economic analytics company that studies consumer visit trends, trade areas, and demographics for commercial businesses in the City.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-96, approving a license agreement with Placer.ai; and

2. Authorize the City Manager or designee to negotiate and execute the license agreement.

FISCAL/FINANCIAL IMPACT: The fiscal impact on the General Fund will be $25,000 per year over three years. The City has the option to extend the contract at the end of the three-year term, but the annual increase will equal the greater of CPI or five percent (5%) per annum.

DISCUSSION: Placer.ai is a startup company that launched its market data analytics services in November 2018 and has been attracting worldwide attention and a flood of investments. It is a company founded by a Data Scientist, where the company tracks sales estimation, demographics, business counts, planned development, crime, psychographics, social media, on-line consumer expenditure, and climate, amongst others. It categorizes such data for users to effectively query and explore property, chain and industry level reports and create custom reports tailored to meet the users' needs. As Placer.ai stands out in its profession, many retailers, brokerage firms, municipalities, and the hospitality industry are starting to rely on Placer.ai for their market research and foot/vehicular traffic insights for direct-to-customer (DTC) and consumer packaged goods (CPG) branding strategies.

Staff believes access to reliable and proficient data, or intelligence, is a must for municipalities to develop its strategic goals effectively, see its environmental trends accurately, and to communicate those trends to its stakeholders for informed public

Page 254 of 269 ends

decision making.

In order for the City of South El Monte to remain competitive in attracting key retailers and avoid revenue leakage into surrounding cities, the City must have pertinent data that will identify the best fit retailers, maximize revenue, and support local businesses. The City can leverage much of the data that Placer.ai can provide and help the City in the following categories:

Retail Attraction and Market Analysis:Identify best fit retailers, maximize revenue, support local businesses. Identify areas of leakage, cross shopping, and impacts of openings and closings. Analyze specific business categories ex: retail, hotel, dining, apparel etc.
• Business Attraction: Site selection and planned development data combine to inform civic and business leaders about the best location for expansions, relocations, and new development.
• Revenue and Sales Tax Estimation: Reveal sales data and trends for key locations, assess trends, predict future revenues, inform incentives and recruiting strategies, and measure return on investment (ROI).
• Public Realm and Infrastructure: Identify usage of streets, parks, and open spaces. Make data-driven decisions to inform future investments. • Travel and Tourism: Reveal visitation to any attraction or destination. Discover home locations for visitors and routes to destinations. Understand visitor preferences for hotels, entertainment, dining, retail, and leisure. Optimize marketing to attract desired visitor profiles. Reveal competitors and opportunities for future collaborators.
• COVID Recovery: Identify economic impacts on any district, city, county, or state.

Identify investment opportunities, support struggling businesses, measure performance of your efforts, optimize ARPA funding and reporting. • Support Local Business: Provide local businesses with insights to optimize hours of operation, market to desired customers, and expand revenue while reducing cannibalization.
• Marketing and Communications: Inform marketing strategy with real-time data about residents, visitors, employees, and passers-by. Leverage Placer Routes to identify the best locations for digital advertising, wayfinding, and signage. Align marketing content with demographic profiles. Measure the Return on Investment of marketing efforts.
• Reporting: Provide partners and stakeholders with in-depth reporting about the performance of any location.

Should the Council approve the attached resolution, the City will be able to access this data immediately and help the City increase its competitiveness in attracting potential retailers.

The City Attorney has reviewed the agreement and the City Attorney proposed various edits to the agreement to Placer.ai. Among those edits, the City Attorney requested that the City be able to terminate the agreement at any time if the services provided by Placer.ai did not meet the City’s expectations. Placer.ai rejected that request and the way that Placer.ai has worded the agreement the City can only terminate the agreement if there is a material breach of the terms of the agreement by Placer.ai and the City gives Placer.ai the opportunity to correct that breach. Those terms do not allow for the City to

Page 255 of 269 ends

immediately terminate the agreement if the City believes that the services provided by Placer.ai are not satisfactory. However, based on how Placer.ai has performed in other cities, staff recommends that the City Council approve the agreement.

Per South El Monte Municipal Code Title 3, Chapter 3.16.070, the services of vendors possessing a high degree of professional, specialized technical skill or expertise, may be done without following bid procedures. Per the City's Purchasing Manual adopted by Resolution No. 16-17, Chapter 3, there is no bidding requirement for this type of service.

However, City Council must approve agreements for professional services above the City Manager's approval threshold adjusted for inflation, which is $33,018 as of August 31, 2023.

Although bidding is not required for professional service, since an award is based on qualification and not the lowest price to seek the overall best value, price should still be reviewed for reasonableness to serve the public's best interest. For comparative purposes, the City Council for the City of Ridgecrest recently entered into an agreement with Placer.ai for a one-year contract valued at $19,000 for their basic package. During staff’s initial conversations with Placer.ai, we informed them of our needs, and the following additional features were included:
• AGS Business Counts – A geographic summary database of business establishments, employment, occupation and retail sales. Example data fields include total establishments in El Monte, total number of employees, head office locations, establishments by size, employment by occupation, and establishments and employees by industry.
• Retail Potential (Gap) – Measures the difference between consumer expenditures on retail and brick and mortar retail sales. A positive number, or “leakage,” indicates that local consumers are spending their retail dollars outside of the area where they live; a negative number, or “surplus,” indicates that the area is drawing in and selling to consumers that are not local. • Consumer Expenditures Datasets – Covers most major household expenditures for any geographic level from census block group to national. The major categories represented are food and beverage, shelter, utilities, transportation, healthcare, entertainment, personal care, reading, education, cash contributions, and personal insurance.

Staff feels that these additional features will help improve the City’s ability to identify the best fit retailers, maximize revenue, and support local businesses in the City of South El Monte.

ATTACHMENT(S):

A. Resolution No. 23-96 Placer.ai Service
B. Order FormLicense Agreement

Page 256 of 269 ends

ATTACHMENT A
RESOLUTION NO. 23-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH EL MONTE APPROVING A LICENSE AGREMENT
WITH PLACER.AI IN ACCORDANCE WITH CITY OF SOUTH
EL MONTE MUNICIPAL CODE SECTION 3.16.070
WHEREAS, Section 3.16.070, Professional Services, of the South El Monte Municipal Code allows the purchase of services of vendors possessing a high degree of professional, specialized technical skill or expertise, without following bid procedures.

WHEREAS, the City's Purchasing Manual adopted by Resolution No. 16-17, Chapter 3, also does not require bidding for professional services. However, the Purchasing Manual requires City Council's approval of professional service contracts exceeding the City Manager's approval threshold; and
WHEREAS, the City seeks access to reliable and proficient market data, or intelligence, to develop strategic goals effectively, see its environmental trends accurately, and to communicate those trends to its stakeholders for informed public decision making; and WHEREAS, pursuant to South El Monte Municipal Code section 3.16.070, the City Council hereby finds that Placer.ai is the type of professional service that does not require competitive bidding because Placer.ai is a consultant with a unique and specialized skill and expertise unlike other consultants in their industry.”
WHEREAS, Staff has found the cost of Placer.ai service to be reasonable.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council authorizes the City Manager to enter into a License Agreement with Placer.ai (Exhibit A) in accordance with South El Monte Municipal Code Section 3.16.070.

SECTION 2. The City Manager is authorized to make changes to the agreement that are consistent with the City Council’s direction and approval of the subject services herein and subject to review of the revised agreement as to form by the City Attorney.

PASSED, APPROVED AND ADOPTED this 10th day of October 2023. _____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Donna G. Schwartz, City Clerk

Page 257 of 269 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna Schwartz, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution No. 23-96, was adopted by the South El Monte City Council at a duly noticed council meeting held on October 10, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donna G. Schwartz, City Clerk

Page 258 of 269 ends

01257.0001/915470.1 1

ATTACHMENT B
PLACER LABS, INC.

ORDER FORM
City of South El Monte (“Customer”) Placer Labs, Inc. (“Placer”) Address: 1415 Santa Anita Avenue
South El Monte, CA 91733
Address: 440 N Barranca Ave., #1277
Covina, California 91723
Contact Person: Rene Salas Contact Person Haylee Taylor Email: [email protected] Billing Contact Person: Melissa Anderson Phone: 626-579-6540 Billing Email*: [email protected]
Billing Contact Email: [email protected] Billing Phone*: 415-228-2444 *Not for use for official notices.

1. Services.

The services provided under this Order Form (the “Services”), include:
• Access, via Placer Venue Analytics Platform (“Placer’s Platform”), to all major venues within the United States • Access, via Placer’s Platform, to reports, including Visits, Trade Areas, Customer Journey, Customer Insights, Dwell Times, and Visitation by Hour/Day
• Actionable insights include:
o Accurate foot traffic counts and dwell time
o True Trade Areas displaying frequent-visitors-density by home and work locations o Customers’ demographics, interests, and time spent at relevant locations o Where customers are coming from and going to, and the routes they take o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics o Competitive insights
o Void Analysis Reports
• Access to Xtra reports per ad hoc needs; in Excel, KML, Tableau, and other formats: Quarterly Maximum of 26 credits; Annual Maximum of 104 credits
• Premier Customer Support
o Regular meetings with Placer's Customer Success Team
o Live, Virtual Training support as reasonably needed
• Access to STI Demographics Bundle + Mosaic Data Set. The applicable Advanced Demographics and Psychographics are generated using the Input Datasets from the data vendors as set forth below:
• Access to additional data sets mentioned hereunder, via Placer’s Marketplace initiative. The applicable data sets are generated using the Input Datasets from the data vendors as set forth below (such data vendors, the “Marketplace Vendors”):

Description Input Datasets Used
PopStats
Spending Patterns
Workplace
STI Demographics Bundle
Market Outlook
Experian Mosaic Mosaic Segmentation
Description Input Datasets Used
Additional Data Set AGS - Business Counts

Page 259 of 269 ends

01257.0001/915470.1 CON-017311 2
The foregoing are referred to as “Marketplace Services.” Marketplace Services and Marketplace Data are governed by, and Customer and Placer agree to, the Marketplace License Agreement located at https://www.placer.ai/placer-marketplace-license-agreement/ (the “Marketplace Agreement”). Capitalized terms in this section have the meaning set forth in the Marketplace Agreement.

Additional Data Set Retail Potential (Gap)
Additional Data Set AGS - Consumer Expenditures

2. Permitted Uses
The data, information and materials accessible via the Services are referred to as “Placer Data”. Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below.
“Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data. The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information (for such purpose only, Placer grants Customer the rights to use the Placer.ai name and logo, provided that any such use of the Placer.ai name and logo must clearly indicate that Placer is the provider of data only, and is not involved in any analysis, conclusion, recommendation). Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data.

3. Term and Termination.

Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will continue for thirty-six (36) consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as the “Term.”
Additional Term: This Order Form shall continue on the same terms and conditions set forth herein for additional periods of 12 months, if mutually agreed in writing by both parties (email would be sufficient).

Termination: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services.

Should either Placer or Customer terminate this Order Form for any reason except for an event of non-payment or breach by Customer, Placer will remit to Customer the prorated Fee attributable to the balance of the Initial Term.

4. Fees.
$25,000/year. Fees for the 36-month Initial Term are $75,000. Fees will be invoiced: Annually, Year 1 will be invoiced in full upon signing this Order Form.

Page 260 of 269 ends

01257.0001/915470.1 CON-017311 3
Additional Terms of 12 months, if any, shall be paid within thirty (30) days of the invoice date.

Invoice sent electronically to Customer’s billing contact email via NetSuite.

Customer shall pay the fees set forth above in this Order Form.

Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on Placer’s net income.

If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at [email protected].

In the event of any termination, Customer will pay in full for the Services, subject to the provisions in Section 3 .

Placer may increase the fees any time following the Initial Term (but not more frequently than once in any twelve (12) month period). The amount of such annual increase will equal the greater of CPI or five percent (5%) per annum.

All billing will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees within thirty (30) days of the invoice date.

5. Support.

Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of federal holidays. For any such support, please contact us at [email protected].

6. Mutual NDA.

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement.

Page 261 of 269 ends

01257.0001/915470.1 CON-017311 4

7. Miscellaneous.

All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions.

This Order Form is entered into by and between Customer and Placer effective as of the date of the last signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement attached hereto as Exhibit A (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement.
“Customer” “Placer”
City of South El Monte Placer Labs, Inc.

By: \signature1 {“size”: “small” ,"w":"200"}\ By: \signature2 {“size”: “small” ,"w":"200"}\ Name: \fullname1 {“size”: “small” ,"w":"220"}\ Name: Vernell Wisdom Title: \title1 {“size”: “small” ,"w":"200"}\ Title: Head of Contract Management Date: \date1\ Date: \date2\

Page 262 of 269 ends

01257.0001/915470.1 CON-017311 5

EXHIBIT A
PLACER LABS, INC.

LICENSE AGREEMENT
This License Agreement (this “Agreement”) is entered into by and between Placer Labs, Inc., a Delaware corporation (“Placer”), and the City of South El Monte, a Californa municipal corporation (“Customer”) listed on the order form (the “Order Form”) entered into by and between Placer and Customer, effective as of the last signature date set forth on the Order Form (the “Effective Date”). Unless otherwise defined in this Agreement, capitalized terms herein have the same meaning as in the Order Form.

1. LICENSE
Subject to the terms of this Agreement and the Order Form (including, without limitation, the payment of fees by Customer), Placer hereby grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services (as set forth in the Order Form) solely for the Permitted Uses (as set forth in the Order Form).

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly, or allow any third party to (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or Placer Data or any software, documentation or data related to the Services or Placer Data; (b) attempt to re-identify any anonymized, aggregated, deidentified, obfuscated, or statistical Placer Data, (c) modify, translate, or create derivative works based on Placer Data (except to the extent expressly set forth as Permitted Use in the Order Form), (d) share Placer Data with, or disclose Placer Data to, or use Placer Data for the benefit of, a third party (except to the extent expressly set forth as Permitted Use in the Order Form), (e) remove any proprietary notices or labels, (f) circumvent any security control or access mechanism for the Services or Placer Data, (g) perform systematic and/or bulk downloads of Placer Data, or web scraping of Placer Data/from the Services, or systematic API calling beyond the minimal amount needed for Permitted Uses, or attempt to reconstruct any portion of Placer Data, (h) use the Services or Placer Data in connection with any products, services, or activities that compete with Placer, or (i) attempt to build a user profile for a given individual or device based on Placer Data, or attempt, facilitate, or encourage others to identify a given individual or user or reconstruct user profiles based on Placer Data. Customer shall not, directly or indirectly, resell, distribute, sublicense, display, or otherwise provide to third parties the Services or any Placer Data or any derivatives of Placer Data, except that Customer may display Placer Data as part of Research Data during the Term. For the avoidance of doubt, and without limiting any other restrictions or obligations set forth in this Agreement, Customer shall not use, license, sub-license or distribute Placer Data or any data derived from Placer Data, for any of the following purposes: (I) in connection with establishing eligibility for employment, health care, credit or insurance; (II) for making decisions solely by automatic means where the decision has a significant effect on the individual to whom the data relates; (III) for any unlawful tracking or unlawful surveillance purposes; or (IV) to market or sell to law enforcement agencies or to any governmental agency to be used for a law enforcement purpose.

2.2 Customer represents, covenants, and warrants that Customer will use the Services and Placer Data and only in compliance with applicable laws and regulations. Furthermore, Customer will ensure all access to Placer (“log in”) shall be done using email addresses of Customer’s email domain, and never any personal email addresses. Although Placer has no obligation to monitor Customer’s access to and use of the Services or Placer Data Placer may do so and may prohibit any access or use it believes may be (or alleged to be) in violation of the foregoing.

2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services and Placer Data, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Access Equipment”). Customer shall also be

Page 263 of 269 ends

01257.0001/915470.1 CON-017311 6
responsible for maintaining the security of the Access Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Access Equipment with or without Customer’s knowledge or consent.

2.4 Customer shall maintain information security measures to safeguard Customer’s Access Equipment and Placer Data in Customer’s possession, including appropriate physical, technical, and organizational measures to ensure the security of such data. Such measures shall include, but not be limited to, the highest degree of care that Customer utilizes to safeguard its own sensitive data, which shall be no less than industry standard security measures in any event.

2.5 Customer shall maintain accurate and complete records relating to its use of Placer Data during the Term and for a period of one (1) year thereafter. Placer or its designee(s) may, at any time upon not less than ten (10) business days’ notice to Customer, examine such records of Customer (and its affiliates and contractors, if any are permitted to use Placer Data) related to Customer’s and any such parties’ use of Placer Data (“Audit”). Customer will cooperate fully, and cause its affiliates and contractors to cooperate fully, with any such Audit(s) and will provide all records, data, documentation, and other information reasonably requested by Placer. The Audit(s) will be conducted during normal business hours, and at Placer’s expense; provided however if such Audit reveals misuse of Placer Data by Customer, then Customer will bear the cost of such Audit, without limiting any other rights or remedies that Placer may have with respect to any such misuse of Placer Data.

3. PROPRIETARY RIGHTS

3.1 Placer shall own and retain all right, title and interest in and to (a) the Services and Placer Data, and all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with supporting the foregoing, and (c) all intellectual property rights related to any of the foregoing.

No licenses are granted by estoppel or by implication.

3.2 Customer may provide feedback to Placer in respect of the Services or Placer Data. Feedback may include, without limitation, updates to or corrections of Placer Data (e.g., a retail store may have moved or may have been closed). Placer may use any such feedback to improve the Services or for other purposes, without any obligation to Customer.

3.3 In the course of using the Services, Customer may upload data (e.g., Customer’s customer data) to the Services.

Such uploaded data is referred to herein as “Customer Data”. Customer hereby grants Placer a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use, modify, reproduce, distribute, prepare derivative works of, display and perform Customer Data (including all related intellectual property rights) in an aggregated and de-identified format (“Anonymized Customer Data”) in connection with the Services. Customer also hereby grants each user of the Services a non-exclusive license to access Anonymized Customer Data through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Anonymized Customer Data as permitted through the functionality of the Services. For clarity, the foregoing license grant to Placer and users of the Services does not affect Customer’s ownership of Customer Data. Placer reserves the right to remove any Customer Data and/or Anonymized Customer Data from the Services at any time for any reason. Customer, not Placer, remains solely responsible for all Customer Data that Customer uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Services, and Customer represents and warrants that Customer possesses all rights necessary to provide such Customer Data to Placer and to grant the rights to use such Customer Data as provided herein.

4. WARRANTY AND DISCLAIMER

4.1 Placer shall use reasonable efforts consistent with prevailing industry standards to provide access to the Services and Placer Data. Access may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Placer or by third-party providers, or because of other causes beyond Placer’s reasonable control, but Placer shall use reasonable efforts to provide advance notice, by posting in the Services, email, or otherwise, of any scheduled service disruption. PLACER DOES NOT WARRANT THAT ACCESS TO THE SERVICES OR PLACER

Page 264 of 269 ends

01257.0001/915470.1 CON-017311 7
DATA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PLACER DATA.

4.2 Placer Data shall not include (i) any personally identifiable data, including but not limited to, name, email address, address or any other personal identifier (“Personal Data”), nor (ii) any sensitive data, including but not limited to Personal Data relating to social security numbers and other government identifiers, information relating to health or medical conditions, and information relating to sex life or sexual orientation, political opinions, and financial account numbers (“Sensitive Data”).

4.3 Placer represents and warrants that to its knowledge the Services and Placer Data do not infringe the intellectual property rights of any third party and comply with applicable laws and regulations. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, THE SERVICES AND PLACER DATA ARE PROVIDED “AS IS” AND PLACER

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLACER

DATA ARE COMPILED BASED ON PROPRIETARY ALGORITHMS, AND PLACER DOES NOT WARRANT THAT ALL DATA SHALL BE COMPLETE AND ACCURATE. FURTHER, PLACER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PLACER DATA. Without limiting the foregoing disclaimer, Customer acknowledges and agrees that Placer Data consist of and represent the result of statistical inferences. Placer is not a backup service, and Customer is solely responsible for creating any backups of data provided by Placer. Placer is not responsible for decisions made by Customer based on Placer Data.

5. INDEMNITY

5.1 Placer shall defend, indemnify and hold Customer harmless from liability to third parties resulting from infringement by Placer’s provision of Placer Data of any United States patent or any copyright or misappropriation of any trade secret. The foregoing obligations do not apply with respect to any portions or components of Placer Data (i) that are created, compiled, or modified by any party other than Placer, (ii) combined with other products, processes, data, or materials where the alleged infringement relates to such combination, (iii) where Customer continues allegedly infringing activity after being notified thereof or after being informed of alternatives that would have avoided the alleged infringement, or (iv) where Customer’s use of Placer Data is not strictly in accordance with this Agreement. If, due to a claim of infringement, Placer Data are held by a court of competent jurisdiction to be or are believed by Placer to be infringing, Placer may, at its option (a) obtain for Customer a license to continue using Placer Data or (b) terminate the Order Form and Customer’s rights thereunder and provide Customer a refund of any prepaid, unused fees for Placer Data.

5.2 Customer shall defend, indemnify and hold Placer harmless from liability to third parties, including any claims of government agencies or regulators, resulting from or arising out of either (a) the provision of any data by Customer not in compliance with applicable law, or (b) the use by or on behalf of Customer of any Placer Data not in compliance with applicable laws and regulations.

5.3 The obligations of either party to provide indemnification hereunder is subject to the party seeking indemnification (a) providing the indemnifying party with prompt written notice of any claim, (b) providing the indemnifying party with sole control over the defense and settlement of the applicable claim and (c) reasonably cooperating with the indemnifying party in defending such claim. Subject to the foregoing, the indemnified party may be represented in any proceeding by counsel of its own choosing at its own expense.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,

PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS)

ARISING OUT OF OR IN CONNECTION WITH THE ORDER FORM, THIS AGREEMENT, THE SERVICES OR

PLACER DATA, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR NON-PAYMENT OF FEES, EACH

Page 265 of 269 ends

01257.0001/915470.1 CON-017311 8
PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ORDER FORM, THIS

AGREEMENT, THE SERVICES OR PLACER DATA OR FROM ALL CAUSES OF ACTION AND ALL THEORIES

OF LIABILITY WILL NOT EXCEED THE FEES PAID TO PLACER UNDER THE ORDER FORM DURING THE PREVIOUS TWELVE (12) MONTHS PRECEDING ANY CLAIM GIVING RISE TO ANY LIABILITY HEREUNDER.

NOTWITHSTANDING ANY OTHER PROVISIONS, THE FOREGOING LIMITATIONS WILL NOT APPLY TO BREACH OF CONFIDENTIALITY OBLIGATIONS OR BREACH OF LICENSING RESTRICTIONS.

7. EXPORT CONTROL
Customer may not remove or export from the United States or allow the export or re-export of Placer Data, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

8. MISCELLANEOUS
This Agreement includes and incorporates Placer’s privacy policy located at https://www.placer.ai/privacypolicy/platform-services-privacy-policy/ (the “Privacy Policy”). The Order Form, the Privacy Policy, and all other referenced documents, if any, are integral parts of this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Placer’s prior written consent. Placer may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Placer in any respect whatsoever.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. This Agreement shall have the same Term as, and shall terminate or expire concurrently with, the Order Form. The following will survive any termination of this Agreement and Order Form: Sections 2.1, 2.4, 2.5, 3.1, 3.2, 4 through 8 of this Agreement.

Page 266 of 269 ends

City Council Agenda Report
Agenda Item No. 12.a.

DATE: October 10, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Hector Delgado, Councilmember
SUBJECT: COUNCILMEMBER HECTOR DELGADO

1. Discussion to Consider Joining the Dozen or so Cities that have Banned Together to Sue the County of Los Angeles on its Stance on "Zero Cash Bail."
RECOMMENDATION: Discussion and/or action.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

Page 267 of 269 ends

South El Monte City CouncilOctober 10, 2023

South El Monte City Council
October 10, 2023