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C07-22 All American Asphalt- Pennsyvania Ave Rehabilitation Ce;�a CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Measure A,Gas Tax and other Project Name: Street Repair Project Funds: transportation funds as approved by City Manager. Contract October 16,2007 Contractors: All American Asphalt Date: Const.Budget: Professional Services Subcontractors: See Approved CIP Contractors List A&E Budget: See Qualified Contractor's Project Start Date: 9-07 Agreements Report Period: 9-09 to 10-07 Work Completed During Report Period: • Prepared plans and specifications,and obtained quotes. Problems or Delays During Report Period: • No delays in reporting period Change Orders: • No change orders Recommendation(s)for City Council Action: Approve and authorize staff and qualified contractors to complete the following work: • Construct street repairs associated with Pennsylvania Avenue • Construction Management,Inspection and Surveying Services Report Sub dd b \.._...- ' Y 6-c). ) -01 / ayor Signature Date of City Council Approval / STAFF REPORT Agenda Item 3 r TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: August 21, 2007 SUBJECT: Authorize Pennsylvania Avenue Street Repairs Background and Analysis: On February 6, 2007, the City Council Approved the Capital Improvement Plan (CIP) which included street repair projects including those associated with the Pennsylvania Avenue rehabilitation project. Street repairs will include repairs to existing road base, pavement, lighting,striping,curbs and gutters between Oak Valley Parkway and Sixth Street. Two quotes were received for the street repair work which are attached and summarized below. - Tyner Paving $ 961,216.00 - All American Asphalt $ 811,811.00 Fiscal Impact: The Project will be funded entirely from transportation funds. No General fund revenues will be utilized and all administrative costs will be recovered. Recommendation: Staff recommend APPROVAL of attached street repair contract and task order and Project Report and AUTHORIZATION of the Mayor to execute the contract, task order and Project Report. Respectfully submitted; ` CITY OF BEAUMOT ‘5,,,_ Deepak orjani, P.E. Public Wor s Director 08/13%2007 02:32 FAX l 001 LICENSED INSURED California License#676195 PROPOSAL and CONTRACT TYNER PAVING COMPANY 2005 San Fernando Road•Los Angeles,California 90065-1236_.4323)225-8014•Fax(323)225-0161 TO; City of Bea■ncieat:Jahn Wilder Date; August 13,20f Address: 550 Past Sixth Street Pesiasylvaaia Ave.Lapravaitelats Job Address; Beaamaut,CA.92223 pr 951-769-3$26 (hereinafter referred to as"customer"or"buyer") -_ Where customer is acting as general Contractor,please provide the following information regarding the owner. • Name Address TYNER PAVING CO. (hereinafter "TYNER") hereby proposes to furnish all material and perform all tabor necessary to complete the following: We propose die following: 1_ Remove approximately 20,000 S4 R of existing broken pavement and eubgrade material to a depth of 15",install.6"of Class II Base,install geogrid!material,then place another 6"of Class II Base over the geogrid 2. After the completion of all Class II Base auk,install approximately 20,000 Sc Ft of 3"thick asphalt base coarse in the repair area. 3. Cold mill approximately 310,000 Sq.R.toe depth of.2',clean,apply a tack coot,install a 1"thick leveling comae of asphalt sad install a 1 asphalt nearing surface. 4. Re-stripe per edging lay-outs. 5. Install new street lighting as directed. (See Breakdovra by Beaumont Electric Co) Notes: 1_ Excludes Engineering,Testing,and Permits. 2. No concrete repairs figured Starting date: Finishing date: All of th iptpgi,tp a completed in a substantial and workmanlike manner according to standard practices for the sum of$ 1..419 W By Don Thomas Company Officer-TYNER PAVING COMPANY GENERAL TERMS AND CONDITIONS OF SALE IMPORTANT CONOtTIONS-TERUS.UN&ESS SPECIFIED TO THE CONTRARY A6Ot E.NET CASH TO OE RAID ON COMPLETION OF Jos,AS OHFINED±N CALIFORNIA an CAPE 30016. sidewalk)TYNER NE thee M not tube to propeor rty oo'naapt to or breakage or undaryro pipes enc,or conduits not v iiga Irom u*eurfuce of the atOu W nor foreny' age to eERtOeChe9 4ndu(ann t t. No guwantee dtainag6 on ra�Aac*tg jobs uM ofherwise ape trod in Ute above etxdract * 3. No guarantee?..off to-growth of ve surtacn on re-suAscing labs!deem orierwhte WaCthetf in fhe•hove contrast. * 3. No guarantee ocracrtew on re 9urtece lata unless otnerwtsa finestrtiAel on ahoem mrnt.'$ CCM as DOC # 2010-0171858 04/14/2010 08:00A :NC When Recorded Return Page 1 of 1 Original To: Recorded i^offficial Riverside County Larry W. Ward Recorder Re Assessor, County Clerk & I IllIIIIIVIIIIIIIIII IlillllhUhllllll City of Beaumont IIIlillllllllll 550 East 6th Street Beaumont,CA 92223 NOTICE OF COMPLETION tJ NOTICE is hereby given that the CITY OF BEAUMONT, 550 East 6th Street, Beaumont, California, 92223, a municipal corporation, is owner in fee of an easement in 062 the property hereinafter described. Said owner caused a work of improvement on the property hereinafter described and was COMPLETED on November 13, 2009 by ALL AMERICAN ASPHALT, contractor. The property on which said work of improvement was completed is described as: PENNSYLVANIA AVENUE REHABILITATION 6TH STREET TO OAK VALLEY PARKWAY The name of the surety on the CONTRACTOR'S Labor and Material Bond is: FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO. 08903421 q-la -Ro ro c Date MAYOR, CITY A BEAUMONT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 11--10 `gO/0 before me, 1 jf_0�11`n l 010_4 personally appeared BRIAN E. DEFORGE,MAYOR OF THE CITY OF BEAUMONT, CALIFORNIA,personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAREE TRINIDAD �� Commission # 1734004 �a — (SEAL) `ygx4 ; :�?r`� Notary Public -California = BY: _ �` ►' Riverside County NO 1RY �_ _°'_ MyComrn DgpUesApr22,2011 Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, October 16, 2007 WORKSHOP SESSION Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tem DeForge, Council Member Berg, Council Member Killough, Council Member Dressel were present 1) Community Recreation Center 2) Animal Control Update Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor Fox, Mayor Pro Tem DeForge, Council Member Berg, Council Member Killough, Council Member Dressel were present. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator—City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing 1 b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at 1. Government Code Section 54956.8—4th Street& Beaumont Avenue c. Pursuant to Government Code Section 54956.9(a)-Anticipated Litigation— Conference with Legal Counsel—Existing Litigation(Govemment Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont—Case No. ED CV 03- 01461 RT SGLx 2. Peters vs. City—Case No. RIC 467388 REGULAR SESSION Regular Session to begin at 6:05 pm. Place:Civic.Center,Room 5 Roll Call: Mayor Fox,Mayor Pm Tem DeForgs, Council Member Berg,Council Member Killough,Council Member Dressel were present Invocation: Mayor Pro Tern DeForge Pledge of Allegiance: Mayor Pro Tern DeForge Presentation: "Sharps' Presentation—Patricia Kimball—Sharps Compliance Adjustments to Agenda: Add Street Closure for Tracy Caldwell Parade as item 4.f.All Council Members in favor of adding the item to the agenda. 5/0 ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is only to hear public comments and no action can be taken. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form"and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. Report on Oral and Written Communications(City Manager) 1)Judy Bingham—Annual WRCOG Report and TUMF Fees 2)Autumn young—Popeye's Ribbon Cutting 1. COUNCIL REPORTS a) Mayor Fox—Update on Tracy Caldwell Events b) Mayor Pro Tern DeForge-None c) Council Member Berg-None d) Council Member Dressel-None e) Council Member Killough—Passcom Update 2. CITY MANAGER REPORTS a. Community Information Update 1) Tire/Electronic Waste Recycling Program—October 26—28 8am-3pm b. Local Project Update 1) Community Recreation Center 2) Downtown Plan c. What's That and Rumor Control r 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting October 2, 2007 c. Approval of the Warrant List for October 16, 2007. d. Approval of Final Map and Subdivision Agreement for Tract Map No. 33096-2 Located at the Southwest Corner of Potrero Blvd. and Highland Springs Avenue—K. Hovnanian. e. Acceptance of Public Improvements and Exoneration of the Maintenance Bonds for Tracts 28839, 28840, and 28841 -Pacific Communities Of. Approval�of TUMF Agreement Assignment for the Oakmont Dowling Orchard Business Park for Construction of TUMF Facilities. g. Review and Approve the National Register Nomination for the Bogart House located in Beaumont. hh.. Authorization of Pennsylvania Avenue Street Repairs;Approval of Street repair contract,task order and project report; and Authorize the Mayor to execute documents. i. Approval of Grant Agreement, Plans, and Specifications;Authorize the Mayor to execute the Agreement with U. S. Department of Housing and Urban Development for Grant Funding Beaumont Sports Park Improvements; and Authorize the City clerk to advertise for Public Bids Recommendation: Approval of the Consent Calendar as presented. Council Member asked that item 3.d be pulled for questions. Motion by Council Member Dressel, Seconded by Council Member DeForge to approve the Consent Calendar as presented. 5/0 Motion by Council Member DeForge, Seconded by Council Member Krllough to approve item 3.d of the Consent Calendar as presented. 5/0 4. ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Supplemental Agreement for Community Development Block Grant (CDBG)funding for 2007-2008 Recommendation:Approve the Agreement for the use of CDBG Funds subject to the authority of the City Attorney to make non-substantive changes. Staff report was given by Rebecca Posalski, Staff Planner. Judy Bingham—Questions regarding CDBG funding. Motion by Council Member Berg, Seconded by Council Member DeForge to approve the Agreement for the use of CDBG Funds Subject to the authority of the City Attorney to make non-substantive changes.Vote: 5/0 b. Application for Community Development Block Grant(CDBG) Funding for 2008-2009 Recommendation: Hold a Public Hearing;Approve and Authorize the preparation and submittal of the CDBG application for Public Improvement Projects including sidewalk repairs and addition of new sidewalks;Approve and Authorize the preparation and submittal of the CDBG application for Non-Profit Public Programs including the Riverside County Coalition for Alternatives to Domestic Violence(ADV) Staff Report was given by Rebecca Posaiski, Staff Planner. Open Public Hearing 6:45 p.m. Judy Bingham- Closed Public Hearing 6:46 p.m. c. Street Closure Request from Private Business Owner for Party/Sale/Marketing Event-Beaumont Motorcycle Recommendation: Council review and approve based on the conditions stipulated in the staff report. Staff report was given by Alan Kapanicas, City Manager. Motion by Council Member Killough, Seconded by Council Member Berg to approve the Street Closure for Beaumont Motorcycle on November 17, 2007 or an alternative date of December 15,2007. Vote: 5/0 d. Nuisance Abatement Hearing-Obsolete Sign at 448 East Fourth Street-Mr.Thomas H.Williams Recommendation: Hold a Public Hearing; Reaffirm the Decision of the Hearing Officer and deny the appeal of Mr.Thomas H.Williams; and Order compliance and removal of the sign structure no later than 30 days form the hearing date(by November 15, 2007). Direct Staff to remove sign and lien the property for the cost of removal if compliance does not take place by November 15, 2007. Staff report was given by Ernest Egger, Director of Planning. Open Public Hearing 6:55 p.m. Speakers: Mr. Thomas H. Williams-Owner-opposed-Would like to keep the sign and remove the panels and paint the pole. Believes that the removal of the sign all together will devaluate his property. Closed Public Hearing 7:15 p.m. Motion by Council Member Berg, Seconded by Council Member DeForge to deny the appeal of Mr. Thomas H.Williams; and Order compliance and removal of the sign structure no later than 30 days form the hearing date(by November 15, 2007). Direct Staff to remove sign and lien the property for the cost of removal if compliance does not take place by November 15, 2007. Vote: 5/0 e. Appeal for Planning Commission Denial for Lifestyle Mattress Sign; 1302 E. 6th Street Recommendation: Denial of Appeal and Uphold Planning Commission denial of sign permit. Staff report was given by Ernest Egger, Director of Planning. Speakers: John Dennis Johnson-Applicant. Motion by Council Member DeForge, Seconded by Council Member Killough to deny the appeal. Vote: 5/0 f. Street Closure for the Tracy Caldwell Parade on November 2, 2007 at 4pm-Beaumont Avenue starting at 8th Street South to 6th Street and east to the Beaumont Civic Center, • Recommendation: Motion by Council Member Killough, Seconded by Council Member Dressel to approve the street closure as presented. Vote: 5/0 Adjoumme of the City Council Meeting 7:58 p.m. Res, - Submitte• City Manager SEF r- l z City of Beaumont CHANGE ORDER & TASK ORDER AUTHORIZATION REQUEST Existing Public Works Contracts NAME OF PROJECT: Pennsylvania Ave. PROJECT NO. 07-60300 (internal use) FUNDING SOURCE: TUMF CONTRACT DATE: August 2007 CONTRACTOR: All American Asphalt CONTRACT AMOUNT: $811,811.00 CHANGE ORDER NO. 1 1. TYPE OF CHANGE ORDER(check one): x ADDITIVE DEDUCTIVE 2. AMOUNT OF CHANGE ORDER: $530,071.33 3. REASON FOR CHANGE ORDER: Additional labor and material required due to unsuitable sub-grade conditions. 4. WHO MUST AUTHORIZE: 1 City Manager: a. For contracts of$50,000 dollars or less, a change or cumulative change shall not exceed the total of $5,000.00 dollars. b. For contracts of more than $50,000.00 but less than $250,000.00, a change or cumulative changes shall not exceed a total of 10%or the original contract amount. c. For contracts of$250,000.00 or more, a change order or cumulative change orders shall not exceed $25,000.00 plus 2%of the original contract in excess of$250,000.00. x City Council: for change orders and task orders which exceed the City Manager's authority. TASK ORDER NO. 1. DESCRIPTION OF WORK: 2. AMOUNT OF TASK ORDER: 3. QUALIFIED TASK(check one): ■ YES ■ NO 4. UNIT PRICING CONFORMS TO CONTRACT(check one): YES NO I have reviewed and prepared this change order/task order request in accordance with Beaumont Municipal Code: Title 3—Section 3.02. - Public Works Director jr".‘ Date: 2_ Ogj City Attorney: Date: AUTHORIZATION City Manager: ;;�� Date: Mayor(as applies): i'v-u Date: CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Transportation Funds Project Name: Pennsylvania Avenue Repair Funds: Contract August 21,2007 Contractors: All American Date: Const.Budget: $811,811 Subcontractors: See approved contractor list. Change Order No. 1 $530,071.33. A&E Budget: As per approved contractor Project Start Date: August 2007 agreements. Report Period: June,2008 Work Completed During Report Period: Street repairs completed. Problems or Delays During Report Period: Structural cross sections required additional base and paving based upon actual field conditions. Change Orders: Change Order No. 1 required to address field conditions. Recommendation(s)for City Council Action: Approve Change Order No. 1 and authorize staff and contractors to implement additional work as set forth therein. Report Submitted by: 4 -' c-?•Pia -1-og Mayor's Signature Date of City Council Approval I REPORT Agenda Item •� STAFF g TO: Mayor and Council Members FROM: Community and Economic Development Department DATE: July 1,2007 SUBJECT: Authorize Pennsylvania Avenue Rehabilitation and Other Street Repairs Background and Analysis: On February 6,2007,the City Council approved the Capital Improvement Plan (CIP)which included street repair projects including those associated with the Pennsylvania Avenue. On August 21, 2007,the City Council awarded a street repair contract to All American Asphalt for a base bid amount of$811,811. As part of the work, additional base material and pavement was needed to complete the approved structural sections of the street based on the street plans and the actual field conditions encountered during construction. The cost of the extra work is $530,071.33. Fiscal Impact: The Project will be funded entirely from transportation funds. No General Fund revenues will be utilized and all administrative costs will be recovered. Recommendation: Staff recommends APPROVAL of attached street repair change order and Project Report and AUTHORIZATION of the Mayor to execute the change orders and Project Re 8 ort. Res e3 ysubmi -.; an C. Kap. 'cm City Manager 4 • Co -J . CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S CHANGE ORDER (Project Title: Pennsylvania Avenue) CHANGE ORDER NO.: 1 CONTRACTOR: Name: All American Asphalt Address: P.O. Box 2229 Corona, CA 92878 Telephone: (951) 736-7600 Fax: (951) 739-4671 THIS CHANGE ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT("OWNER") and All American Asphalt("CONTRACTOR")dated January, 2008 (the "AGREEMENT"). 1. Change to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following change(choose and check one): See Exhibit"A",attached hereto x_Description of Change: Additional labor and material required due to unsuitable existing sub-grade conditions. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 5 days of the date this Change Order is signed by the OWNER and shall complete performance of such services within 60 working days. 3. Liaison of OWNER. Mr. John Wilder shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Change Order: (Check if this Paragraph 4 Not Applicable: _XJ Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated,the following: (Check if this Paragraph 5 Not Applicable: _X ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Change Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$530,071.33 payable as follows: progress payments less 10%retention until job completion. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR(choose and check one:) shall/_X_shall not/be entitled to reimbursement for expenses. If authorized by this Change Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Change Order(choose and check one): X_Not applicable See Exhibit "A", attached hereto; or Description: IN WITNESS WHEREOF,the parties have executed this Change Order on the date indicated below. CITY OF BEAMONT Dated: '-.4-7. -0i By 111' i CONTRACTOR: PI/ ihoicipfil %Abstr. Dated. - AS .20 � By Z% i , r.offri _, ,if Print e Miter niildigkg Title Page 2 of 2 0Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, July 1, 2008 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E.6th Street during normal business hours" WORKSHOP SESSION Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor DeForge, Mayor Pro Tern Killough, Council Member Berg, Council Member Dressel, Council Member Fox were present. 1) Alternative Transportation Equipment Presentation a) Demonstration of the Segway b) Waste Management's newest CNG Vehicle 2) Eastern Riverside County Interoperable Communication Authority JPA (ERICA) Items induded in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor DeForge, Mayor Pro Tern Killough, Council Member Berg, Council Member Dressel, Council Member Fox were present. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator—City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8—4'h Street&Beaumont Avenue c. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel—Existing Litigation(Govemment Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont — Case No. ED CV 03- 01461 RT SGLx 2. Peters vs. City—Case No. RIC 467388 REGULAR SESSION Regular Session began at 6:01 p.m. Place: Civic Center, Room 5 Roll Call: Mayor DeForge, Mayor Pro Tern Killough, Council Member Berg, Council Member Dressel, Council Member Fox were present. Invocation: Pledge of Allegiance: Presentation: 1) Parent Project Graduations (15 min) Sgt. Keiser and Karee Trinidad issued the Certificate of Graduation for the Parent Project. 2) Presentation of Flag and Certificate which was flown in combat for the City of Beaumont on an A-10 Thunderbolt, Aircraft#81-0966 for Operation Enduring Freedom April 9, 2008 3) Presentation of the LEAC Appreciation Honoring a) Lt Acosta b) Sgt. Fagan Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s)wishing to speak must fill out a"Request to Speak Form" and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken,committee assignments,and training and travel) a) Mayor DeForge - None b) Mayor Pro Tem Killough— update on Employee Retirement Party, STWMA, Transit Ad Hoc Committee, Mayors Breakfast c) Council Member Berg- None d) Council Member Dressel - None e) Council Member Fox—MDA Update 2. CITY MANAGER REPORTS a. Community Information Update 1) Update on Naming of City Facilities(Resolution Nos. 2008-20, 21, &22) a) Albert A. Chatigny Sr. Community Recreation Center(Ground Breaking Ceremony held June 16, 2008) b) Rangel Park—"Valdivia Ball Field—Home of the Coyotes" (Annual 4th of July Softball Tournament) 2) 2008-2009 Budget Report a) Animal Care Successes—Three(3)Care Officers 3) MDA COP Campout at Chili's— Friday June 20 to Tuesday June 24, 2008 4) Eastern Riverside County Interoperable Communication Authority JPA(ERICA) b. Local Project Update 1) Oak Valley Parkway Improvements 2) Alternative Vehicles c. What's That and Rumor Control d. Calendar of Events 1) July 4th Celebration—Stewart Park(Christopher Cross&The Basix) 2) FREE Concerts in the Park—7 p.m. to 9 p.m. a) July 23'"—Bo Bice b) July 30th—Little River Band c) August 6th—Sheena Easton d) August 13"'—The Doodlebops 3) Council Meetings a) July 1, 2008 b) August 5, 2008 c) September 16, 2008 e. Report on Oral and Written Communications (City Manager) 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting June 3, 2008. c. Approval of the Warrant List for July1, 2008. d. Adoption of Resolution No. 2008-23 — Adoption of the 2008/2009 Appropriations Limits — A Resolution of theCityCouncil e. Adoption of Resolution No. 2008-24 of the City of Beaumont Authorizing Participation in the County of Riverside's Urban County Program for Fiscal Years 2009-2010, 2010-2011, and 2011- 2012. f. Adoption of Resolution No. 2008-25 — A Resolution of the City Council of the City of Beaumont, California, Calling and Giving Notice of the Holding of a General Municipal Election to be held in the City of Beaumont on Tuesday, November 4, 2008, for the Election of Certain Officers of the City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Requesting the Registrar of Voters of the County of Riverside to Conduct Said Election. g. Adoption of Resolution No. 2008-26 — A Resolution of the City Council of the City of Beaumont, California, Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the Costs Thereof for the General Municipal Election to be held in said City of Tuesday, November 4, 2008. h. Adoption of Resolution No. 2008-27 — A Resolution of the City Council of the City of Beaumont for Paying and Reporting the Value of Employer Paid Member Contributions(EPMC). i. Adoption of Resolution No. 2008-28 — A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect such Fees on the Tax Rolls. j. Adoption of Resolution No. 2008-29 — A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Delinquent Sewage and Sanitation Fees and Directing the County Auditor to Collect such Fees on the Tax Rolls. k. Adoption of Resolution No. 2008-30 A Resolution of the City Council of the City of Beaumont, California, Determining and Levying the Special Tax in Community Facilities District No. 93-1 for Fiscal Year 2008-2009. I. Approval of a one year Extension of Time for Tentative Tract Map No. 21136 — Southeast Corner of Eighth Street and Xenia Avenue. Applicant: Got Engineers m. Approval of Final Parcel Map No. 34850 Located at the Northeast Corner of Beaumont Avenue and First Street—CJC Design n. Adoption of Resolution No. 2008-32 — Resolution of the City Council of the City of Beaumont Approving the Strictly Race-Neutral Annual Anticipated DBE Participation Level (AADPL) of 6% for Federal Fiscal Year (FFY) 2008/09. o. Denial of Claim—Beaumont Unified School District p. Denial of Claim—Coronado q. Approval of Improvement Agreement for Plot Plan 07-PP-11 (RAI Beaumont — Located at the Northeast Corner of Sixth Street and Xenia Avenue.) r. Approval of 3.28% CPI Adjustment for Waste Management s. Approval of the Investment Policy r t. Authorize Public Bids for Marshall Creek Channel and other Improvements related to Victoria Homes Tract No. 30388. , u. Authorize to advertise for Bids for Lease Agreement Relating to Export Material v. Award of Contract for Western Knolls Lift Station Repair. w. Approval of Purchase Agreement for Potrero Blvd. Bypass Bridge. x. Resolution 2008-34 - A Resolution of the City Council of the City of Beaumont, California, Establishing Nationwide Retirement Solutions, Inc. Governmental Deferred Compensation Matching Plan and Trust for the City of Beaumont y. Appoint the Mayor and Mayor Pro Tem as the Voting Delegate and Alternate for the 2008 Annual League of California Cities Conference to be held September 24—27, 2008. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member Fox, Seconded by Council Member Killough to approve the Consent Calendar as presented. Vote: 5/0 4. ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Ordinance No. 938 —An Ordinance of the City Council of the City of Beaumont, California, Amending Section 9.02.030 of the Beaumont Municipal Code RE: "Prohibited Noise in Residential Zones" Recommendation: Hold a Public Hearing and Approve the First Reading of Ordinance No. 938 as presented. Staff report was given by Keith Hightower, Building and Safety Supervisor. Open Public Hearing 6:49 p.m. No speakers Closed Public Hearing 6:50 p.m. Motion by Council Member Fox, Seconded by Council Member Killough to approve the first reading of Ordinance No. 938 with the period of time noise is prohibited to be Memorial Day to Labor Day from 8:00 p.m. to 6 a.m. Vote: 4/1 (Council Member Berg voted no) b. Resolution No. 2008-31 —A Resolution of the City Council of the City of Beaumont Establishing Annual Sewer Standby Charges Recommendation: Hold a Public Hearing and Adopt Resolution No. 2008-31 Staff report was given by Alan Kapanicas, City Manager. Open Public Hearing 6:52 p.m. No Speakers Closed Public Hearing 6:53 p.m. Motion by Council member Killough, Seconded by council Member Dressel to Adopt Resolution No. 2008-31 as presented. Vote: 5/0 c. Resolution No. 2008-33 - A Resolution of the City Council Adopting the City of Beaumont Emergency Operations Plan (Scheduled to take effect August 2008) Recommendation: Review and Adopt Resolution No. 2008-33 as presented. Staff Report was given by Rick Cook and Mitch White. Motion by Council Member Dressel, Seconded by Council Member Berg to Adopt Resolution No. 2008-33. Vote: 5/0 d. Grant Application for Safe Routes to School Recommendation: Authorize Staff to Prepare and File a Grant Application for Safe Routes to School. Staff report was given by Kyle Warsinski, Staff Planner. Motion by Council Member Fox, Seconded by Council Member Killough to Authorize Staff to Prepare and File a grant application for Safe Routes to Schools. Vote: 5/0 e. Bike and Pedestrian Facility Master Plan Update Recommendation: City Council Authorize Staff to Prepare and Submit the Beaumont Golf Cart Transportation Plan and Standards for consideration. Staff report was given by Kyle Warsinski, Staff Planner. Motion by Council Member Berg, Seconded by Council Member Dressel to Authorize Staff to Prepare and Submit the Beaumont Golf Cart Transportation Plan and Standards for consideration. Vote: 5/0 f. Authorize Pennsylvania Avenue Rehabilitation and Other Street Repairs Recommendation: Approval of the Street Repair Change Order and Project Progress Report and Authorize the Mayor to Execute the Change Orders and Project Report. Staff Report was given by Dave Dillon, Economic Development Director. Motion by Council Member Fox, Seconded by Council Member Killough to approve the Street Repair Change Order and Project Progress Report and Authorize the Mayor to Execute the Change Orders and Project Reports. Vote: 5/0 g. Request from Dominium Development & Acquisition, LLC for Redevelopment Assistance for Rehabilitation of Mountain View Apartments Recommendation: Staff recommends that the City Council 1) Allow the applicant to provide a presentation on the proposed acquisition and rehabilitation project; and 2) Consider approval of the applicant's request for a commitment of $400,000 in redevelopment low and moderate income set-aside funds. Staff report was given by Ernest Egger, Director of Planning. Motion by Council Member Berg, Seconded by Council Member Fox to Deny the applicant's request for a commitment of $400,000 in redevelopment low and moderate income set aside funds. Vote: 5/0 Adjournment of the City Council Meeting at 7:53 p.m. July 15, 2008 Council Meeting not scheduled at this time due to lack of quorum. Res• - ► =ubmitt Alan Kapanicas City Manager Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951-769-8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation City of Beaumont CHANGE ORDER & TASK ORDER AUTHORIZATION REQUEST Existing Public Works Contracts 07-60300 NAME OF PROJECT: Pennsylvania Ave. PROJECT NO. (internal use) FUNDING SOURCE: TUMF CONTRACT DATE: August 2007 CONTRACTOR: All American Asphalt CONTRACT AMOUNT: $1,341,882.33 CHANGE ORDER NO. 2 1. TYPE OF CHANGE ORDER(check one): x ADDITIVE DEDUCTIVE 2. AMOUNT OF CHANGE ORDER: $34,034.00 3. REASON FOR CHANGE ORDER: Additional labor and material required due to unsuitable sub-grade conditions. 4. WHO MUST AUTHORIZE: City Manager: a. For contracts of$50,000 dollars or less, a change or cumulative change shall not exceed the total of $5,000.00 dollars. b. For contracts of more than $50,000.00 but less than $250,000.00,a change or cumulative changes shall not exceed a total of 10%or the original contract amount. c. For contracts of$250,000.00 or more,a change order or cumulative change orders shall not exceed $25,000.00 plus 2%of the original contract in excess of$250,000.00. x City Council: for change orders and task orders which exceed the City Manager's authority. TASK ORDER NO. 1. DESCRIPTION OF WORK: 2. AMOUNT OF TASK ORDER: 3. QUALIFIED TASK(check one): YES NO 4. UNIT PRICING CONFORMS TO CONTRACT(check one): YES NO I have reviewed and prepared this change order/task order request in accordance with Beaumont Municipal Code: Title 3–Section 3.02. 0 Public Works Director Date: 10— City Attorney: Date: AUTHORIZATION City Manager: ,O Date: / Q' Mayor(as applies): ��1�,�- f Date: // `7` oV CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Transportation Project Name: Pennsylvania Avenue Funds: Contract August 2007 Contractor: All American Asphalt Date: Const.Budget: $1,341,882.33 Subcontractors: None A&E Budget: As per approved contractor Project Start Date: August 2007 agreements Report Period: October 2008 Work Completed During Report Period: Street repair work completed for Pennsylvania Avenue. Problems or Delays During Report Period: No Problems or delays. Change Orders: For the additional base material and pavement Recommendation(s)for City Council Action: Approve the Change Order and authorize the City Manager to expend funds following confirmation of compliance with all public contracting requirements. Authorize the City Manager and approved CIP contractors to administer the construction contracts. Report Submitted by: 4740 it -q-01 City Manager Signature Date of City Council Approval • CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S CHANGE ORDER (Project Title: Pennsylvania Avenue) CHANGE ORDER NO.: 2 CHANGE ORDER DATE: November 4, 2008 CONTRACT DATE : August 2007 CONTRACTOR: Name: All American Asphalt Address: P.O. Box 2229, Corona, CA 92878 Telephone: ( 951) 736 7600 Fax: ( 951) 739 4671 THIS CHANGE ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ("OWNER") and All American Asphalt dated January 2008 (the "AGREEMENT"). 1. Change to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following change (choose and check one): See Exhibit "A", attached hereto x_ Description of Change: Additional Base material and pavement to complete approved structural sections of the street. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 5 days of the date this Change Order is signed by the OWNER and shall complete performance of such services within 120 working days. 3. Liaison of OWNER. Mr. John Wilder shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Change Order: (Check if this Paragraph 4 Not Applicable: XJ Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _X ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Change Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$ 34,034.00 payable as follows: progress payments less 10% retention until job completion. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/_X_shall not/be entitled to reimbursement for expenses. If authorized by this Change Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Change Order(choose and check one): X_Not applicable See Exhibit"A", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Change Order on the date indicated below. CITY OF BEAUMONT Dated: By "e/1,4--..-2 CONTRACTOR: ASM Ameiri tion A5 p►al t Dated: Print Name €-,POV 1?-tgrt) Title Page 2 of 2 , . Or • 0 F.. 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Agenda Item No. 3' STAFF REPORT To : Mayor and Council Members From: Public Works Department Date : November 4 , 2008 Subject: Award change orders for Pennsylvania Avenue Background and analysis: On February 6, 2007, the City Council approved the Capital Improvement Plan (CIP) which included street repair projects including those associated with the Pennsylvania Avenue. The Project is completed and the final work quantities were measured and required an additional final Change Order of$ 34,034.00. Fiscal Impact: The Project will be funded entirely from transportation funds. No General Fund revenues will be utilized and all administrative costs will be recovered. Recommendation: Staff recommends the APPROVAL of the Project Progress Report and AWARD of this change order subject to the authority of the City Attorney to make non- substantive changes and pending the final review of the change order documents by the City Manager. Respectfull, ubmitted; CITY O ' : AUMONT Alan C. Kapa 4 .s City Manager g Minutes : Beaumont City Council �x. �. � Beaumont Redevelopment Agency u . Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop(4:00 p.m.) Closed Sessjon (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, November 4, 2008 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E.6th Street during normal business hours" WORKSHOP SESSION Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor DeForge, Mayor Pro Tem Killough, Council Member Berg, and Council Member Dressel were present. Council Member Fox was excused. 1) Transit Fare Box Review Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor DeForge, Mayor Pro Tern Killough, Council Member Berg, and Council Member Dressel were present. Council Member Fox was excused a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator—City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8—4"'Street&Beaumont Avenue c. Pursuant to Government Code Section 54956.9(a)-Anticipated Litigation— Conference with Legal Counsel—Existing Litigation(Government Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont—Case No. ED CV 03- 01461 RT SGLx 2. Peters vs. City—Case No. RIC 467388 REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor DeForge, Mayor Pro Tem Killough, Council Member Berg, and Council Member Dressel were present. Council Member Fox was excused. Invocation: Mayor DeForge Pledge of Allegiance: Mayor DeForge Presentation: Relay for Life Adjustments to Agenda: No Adjustments to the Agenda ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s)wishing to speak must fill out a "Request to Speak Form' and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. Heather Gardner—Community Concerns in regard to Proposition 8 opinions 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken,committee assignments,and training and travel) a) Mayor DeForge—Sister City Project b) Mayor Pro Tem Killough— Dog Park Opening, Noble Creek Bridge Ground Breaking,WRCOG Update c) Council Member Berg—Rights as a Council Member d) Council Member Dressel-None e) Council Member Fox 2. CITY MANAGER REPORTS a. Community Information Update 1) New Business Hours for the Police Department b. Local Project Update 1) High School Striping &3 way Stop Sign 2) Walmart Bus Shelters c. Calendar of Events 1) November 4, 2008-Election 2) November 11, 2008-Veteran Day Ceremony-11 am-Civic Center 4) November 18,2008-Downtown Specific Plan Update 3) November 27,2008-Thanksgiving Dinner Distribution-10 am-Civic Center 4) December 13,2008-Christmas Light Parade-6 p.m.Palm Islands 5) December 24, 2008-Civic Center Closed at 12 Noon 6) December 25&26, 2008-Civic Center Closed for Christmas Holiday 7) December 31,2008-Civic Center Closed at 12 noon 8) January 1 &2,2009-Civic Center Closed for New Year's Holiday d. Financial Report e. What's That and Rumor Control f. Report on Oral and Written Communications(City Manager) 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting October 7, 2008. c. Approval of the Warrant List for November 4, 2008. d. Adoption of Ordinance No. 939—An Ordinance of the City Council of the City of Beaumont Adding Chapter 10.50 to the Beaumont Municipal Code Entitled "Golf Cart Transportation Plan" e. Denial of Claim— Karen Gemmell f. Approval of Communication License Agreement with Southern California Edison for a Wireless Communications Antenna on the West side of Cherry Avenue, North of Oak Valley Parkway(406-130-021) g. Adoption of Resolution No. 2008-41 —A Resolution of the City Council of the City of Beaumont, California, Participating with the County of Riverside Mortgage Credit Certificate (MCC)Program h. Adoption of Resolution No. 2008-42 —A Resolution of the City Council of the City of Beaumont Adopting Identity Theft Prevention Program i. Adoption of Resolution 2008-43—A Resolution of the City Council of the City of Beaumont Approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) j. Approval of a Road Closure and Traffic Detour for Oak Valley Parkway road work. k. Award Change Order for Pennsylvania Avenue and Approval of the Project Progress Report. I. Approval of Improvement Agreements for Plot Plan 07-PP-05 (Loma Linda Medical Center) Located at the Northwest Corner of Highland Springs and Potrero Boulevard. Recommendation: Approval of the Consent Calendar as presented. Item 3.f pulled for further discussion. Motion by Council Member Berg, Seconded by Council Member Killough to approve the Consent Calendar with the exclusion of item 3.f. Vote: 4/0 Motion by Council Member Killough, Seconded by Council Member Dressel to approve item 3.f with the change the wording in the agreement to reflect 90 days instead of 60 days for approval. Vote:4/0 4. ACTION ITEMS/PUBLIC HEARING/REQUESTS a. Tentative Parcel Map No. 35895—Proposed Division of a 9.42 Acre Parcel into three(3)Commercial/Industrial Lots Located at 101, 201, and 301 California Avenue. —Applicant: Bald! Bros. Recommendation: Hold a Public Hearing and Approve Tentative Parcel Map No. 35895 for a two-year period based on the findings and subject to the conditions of approval. Staff report was given by Rebecca Deming, Assistant to the Director of Planning. Open Public Hearing 6:39p.m. Speakers: Carlton Lockwood—Applicant Representative Closed Public Hearing 6:41 p.m. Motion by Council Member Berg, Seconded by Council Member Killough to approve with the amended condition of a Hydrology Study being done. Vote: 4/0 b. Plot Plan No.07-PP-08 and Tentative Tract Map No. 34635 and Negative Declaration no. 07-ND-16, A Proposed Thirty-Six(36) Unit Town-Home Complex Located on a 2.3 Acre Site at 693 American Avenue Between East 8th Street and East 6th Street Applicant Anwar Markos Recommendation: Hold a Public Hearing, Approve Tentative Tract Map No. 34635 and Adopt Negative Declaration No. 07-ND-16 for a period of two years subject to the conditions of approval. Council Member Berg removed himself from the dais as he owns property within the vicinity of the project. Staff report was given by Chris Tracy, Staff Planner. Open Public Hearing 6:51 p.m. Speakers: Anwar Markos-Applicant Nancy Gall-Opposed Closed Public Hearing 6:53 p.m. Motion by Council Member Dressel, Seconded by Council Member Killough to Approve Tentative Tract Map No. 34635 and Adopt Negative Declaration No. 07- ND-16 for a period of two years subject to the Conditions of approval. Vote: 3/0 Council Member Berg returned to the dais. c. Improvements for Marshall Creek Recommendation: Award of the Marshall Creek Improvement Project to Grand Pacific Contractors, Inc subject to the verification of all bidding requirements by the City Attorney and Approval of the Project Report. Staff report was given by Alan Kapanicas, City Manager. Motion by Council Member Berg, Seconded by Council Member Killough to Award the Marshall Creek Improvement Project to Grand Pacific Contractors, Inc. subject to the verification of all bidding requirements by the City Attorney and Approval of the Project Report. Vote: 4/0 d. Authorization to Fund Assessment District No. 98-1 Erosion Control Services for Potrero Blvd. Recommendation: Authorization of the City Manager to expend funds for erosion control services for the Potrero Blvd. Project and to recover the costs for services through Assessment District No. 98-1. Staff report was given by Alan Kapanicas, City Manager. Motion by Council Member Killough, Seconded by Council Member Dressel to Authorize the City Manager to expend funds for erosion control services for the Potrero Blvd. Project and to recover the costs for services through Assessment District No. 98-1. Vote: 4/0 Council Member Dressel removed himself from the dais. e. Improvements for Oak Valley Parkway East Recommendation: Award of the Construction of Oak Valley Parkway(East)to Hillcrest Contracting Inc. subject to the verification of all bid documents and requirement by the City Attorney and Approval of the Project Report. Staff report was given by Dave Dillon, Economic Development Director. Motion by Council Member Killough, Seconded by Council Member Berg to Award of the Construction of Oak Valley Parkway(East)to Hillcrest Contracting Inc. subject to the verification of all bid documents and requirement by the City Attorney and Approval of the Project Report. Vote: 3/0 Council Member Dressel returned to the dais f. Improvement of Noble Creek Bridge Recommendation:Award of the Noble Creek Bridge Improvement Project to Powell Constructors subject to the verification of all bid documents and requirement by the City Attorney and Approval of the Project Report. Staff report was given by Dave Dillon, Economic Development Director. Motion by Council Member Berg, Seconded by Council Member Killough to Award of the Noble Creek Bridge Improvement Project to Powell Constructors subject to the verification of all bid documents and requirement by the City Attorney and Approval of the Project Report. Vote: 4/0 Adjournment of the City Council Meeting at 7:07 p.m. Res, = lySu• i' -', Alan Ka•ani�- City Mana•,- Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951-769-8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Project Title: Pennsylvania Pavement Rehabilitation) TASK ORDER NO.: 001 CONTRACTOR: Name: All American Asphalt Address: 400 East Sixth Street Corona, CA 92878 Telephone: (951) 736-7600 Fax: (951) 736-7646 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ("OWNER") and ALL AMERICAN ASPHALT ("CONTRACTOR") dated October 16, 2007 (the "AGREEMENT"). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following task(choose and check one): ✓ See Exhibit "A", attached hereto Description of Task: Grind existing asphalt to a depth of 0.20' and replace with 0.20' asphalt cap. Includes installation of(10)ten street lights, 20,000 square feet of full depth removal and replacement based on the geotechnical report attached. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 30 days of the date this Task Order is signed by the OWNER and shall complete performance of such services within 90 calendar days of said signing. 3. Liaison of OWNER. Mr. John Wilder shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: _XJ Page 1 of 2 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _X ) 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not-to-exceed lump sum of$811,811.00 payable as follows: Monthly progress payments less 10% retention. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR(choose and check one:) shalII_X_shall not/be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order(choose and check one): `X_Not applicable See Exhibit "A", attached hereto; or Description: IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. CITY OF BE O T Dated: CONTRACTOR: ALL AMERICAN ASPHALT DeL-7 X07 ByDated: � fzega EvA-cteki Print Name Pi (o& r— Title Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • • State of California County of Riverside ss. On December 7, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(0)-CfSigner(4)---- X personally known to me _ —-thiasis of satisfeeterrevieleace BRENDA L. *OYSTER .101110i!n►` Commission#F 1700922 to be the person(s)-whose namefft �{yNotary Public-California is/O -subscribed to the within instrument •itis *Weald* County and acknowledged to me that he/sirefIreer INyCCfrrin ElS7lrtOct26,2010 executed the same in his/btn beir•authorized capacity(Je3-end that by his/ferittretr signatur the instrument the personip}— or,the entity upon behalf of which the person(p}-- acted,executed the instrument. WIT i SS my hand nd officia '-1, . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Independent Contractor's Task Order-Beaumont Document Date: December 7, 2007 Number of Pages: 4 Signer(s Other Than Named Above: None Signer's Name: _Individual XCorporate Officer Title(*)!Vice-President _Partner- Limited_General _Attorney-in-Fact Top of thumb here _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt R3TZY011 .J AgN3AH ;v00t 1 * nnittimmv5� :�;,�. oimutito,- widuq Yiv-011 s- i Vtit.fo3 9bivevi4 01(A AS0swilryd rtxrx>7W ALL• AMERICAN ASPHALT . . . . . CAL. STATE Engineering - Contractors - Asphalt Paving LIC.#267073A STATE 400 East Sixth St. P.O. Box 2229 Corona,California 92878-2229 Telephone:(951)736-7600 FAX:(951)736-7646 Serving:Los Angeles, Orange,Riverside, and San Bernardino Counties To:MR.DEEPAK MOORJANI,P.E. Date: 9/172007 CITY OF BEAUMONT From: Ray Delgado 550 EAST SIXTH STREET Quote No. 768 BEAUMONT,CA 92223 (as/) 7b - "e524., Phone 909-769-8520 Fax (951)7-69-3826 We propose to furnish you labor and material in strict accordance with the plans and specifications as follows: PENNSYLVANIA AVENUE STREET IMPROVEMENTS-REVISED 6TH STREET TO OAK VALLEY PARKWAY ,'xh€161 T. A Item No. Description Quantity UM UnitPrice Total Price 1 0.7 AC GRIND 226,509.0 SF 0.450 101,925.00 2 02 AC OVERLAY 3,800.0 TN 88.000 334,400.00 3 16"AC&SUBGRADE REMOVAL 1,360.0 CY 70.000 95,200.00 4 12"CL2 AGGREGATE BASE 1,900.0 TN 50.000 95,000.00 5 4"AC BASE COURSE 700.0 TN 97.000 67,900.00 6 R&R CROSS GUTTER&SPANDREL 1,200.0 SF 20.000 24,000.00 7 STRIPING 1.0 LS 6,000.000 6,000.00 8 ADJUST&PATCH MANHOLES 1.0 EA 500.000 500.00 9 ADJUST WATER VALVES 1.0 EA 150.000 150.00 725,075.00 10 INSTALL STREET LIGHTS(10 Ea.) 1.0 LS 86,736.000 86,736.00 86,736.00 Total Proposal Price: $811,811.00 Special Conditions: 1 . This bid is based upon one move-in. Cost of additional moves will be negotiated as they occur. 2. Quantities used are based on plan dimensions, considered approximate, and are subject to physical measurement. Corrections, if necessary,will be made with unit prices applying. 3. Rock base under concrete, if required, is not included. 4. Under cutting is not included and if required will be at an agreed upon unit price. (Continued on next page) Date: Accepted by: Page 1 of 2 All American Proposal (cont'd) 5. EXCLUDES the following: Engineering, surveying, staking,testing, signs,traffic control plans, , crackseal. 6. Exclusions cont.;demolition, clearing,transplanting, relocation, processing,saw cutting, patching or adjusting of utilities, rock under concrete, compaction of trenches, erosion control,SWPPP,water meters. 7. Should it be necessary to remove any existing irrigation, pipe, or utility lines, or other obstructions for installation of the work, unless shown on plans,the owner is to remove same at owner's expense or have contractor remove same on a T&M basis. 8. Shoud underground water be encountered, cost of controlling same with rock and pumps shall be paid for by owner on an extra work basis. 9. If native material is not suitable for backfill of trenches or structures,the cost of importing suitable material and the material is to be paid for as extra work. 10. Sprinkler systems of any kind are not included. 11 . All quantities subject to actual field measurement.The Field Measurement Approval Sheet will be signed by All American Asphalt and the Contractors authorized representative.A copy of the Field Measurement Approval Sheet will be attached to AAA's Invoice 12. This proposal was based upon the tonnage stipulated,All American Asphalt reserves the right to renegotiated the price should the final measured quantity vary by 5%or more from the quantity stipulated. 13. THIS QUOTATION SHALL BECOME PART OF ANY FURTHER CONTRACTS, UNLESS OTHERWISE SPECIFIED,All American Asphalt excludes from the price quoted above the following; Surveying, markings, layout, all temporary striping&markings, 14. Exclusions cont. ;temporary ramping, adjustment and/or detail work of sewer,manholes, cleanouts, water valves, precast enclosure, etc.; all sawcutting all temporary tapers; all guaranteed gradation; 15. Exclusions cont. ; all hazardous waste; Damage to equipment by unmarked items in grade will by charged at a rate of$65.00 per hour plus materials at 21% above cost. Upon completion of workshift, AAA is relieved 16. Exclusions cont.; of all liability for work completed and protection of the work shall be assumed by others;AAA indemnification shall be limited there to. This quotation is to be made part of all purchase orders or contracts. 17. Electrical Subcontractor to perform his scope of work in its entirety,turn-key. Supervision and traffic control by AAA is not included for electrical scope of work. 18. Bond is included in the bid prices listed above. 19. Submitted By X Date: Accepted by: Page 2 of 2 Rev. 09/05 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR (Project No. 06-00400 Street Repair/Reconstruction) THIS AGREEMENT is made and effective as of the 16th day of October, 2007,by and between the CITY OF BEAUMONT("OWNER")whose address is 550 E. 6th Street,Beaumont, California 92223 and ALL AMERICAN ASPHALT,whose address is 400 East Sixth Street, Corona,CA 92878,telephone(951)736-7600,fax(951) 736-7646, California State License No. 267073A("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts,understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned,from time to time,by OWNER in writing for the purpose of repairing and/or reconstructing existing City roadways. Includes curb and gutter,cross gutters, sidewalks,drainage facilities,asphalt paving and aggregate base. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with,the terms and conditions of this Agreement,and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills,qualifications,personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE,in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until 16`h day of October,2008,unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned,from time to time,in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include,but shall not be limited to,a description of the nature and scope of the services to be performed by CONTRACTOR,the amount of compensation to be paid, and the expected time of completion. Page 1 of 10 3. Associates and Subcontractors. CONTRACTOR may,at CONTRACTOR's sole cost and expense,employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment;provided, however,that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not-to-exceed sum of money and shall be based upon CONTRACTOR'S schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER,in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 30 business days after receipt of a detailed,corrected, written invoice describing in reasonable detail,to the extent applicable,the services performed,the time spent performing such services,the hourly rate charged therefor,the identity of individuals performing such services for the benefit of OWNER,and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order,CONTRACTOR will supply all personnel,materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder,by means of regular and frequent consultations. From time-to-time,when requested by the OWNER,CONTRACTOR shall prepare written status reports. Page 2 of 10 . ' k 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1,000,000 per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required /Not Required X; Obtain a policy of errors and omissions insurance in a minimum amount of$ per occurrence to cover any negligent acts or omissions committed by CONTRACTOR,its employees and/or agents in the performance of any services for OWNER; c. Comply with all applicable local(including OWNER's), state and federal laws,rules and regulations regarding,by way of example and not by limitation,nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer(minimum Best's Ins. Guide rating of"A:VII")licensed to do business in California,and shall provide that they shall not be cancelled or amended without 30 days'prior written notice to OWNER. Self- insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any,loss,injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CON fEACTOR and OWNER agree that OWNER, its employees, agents and officials should,to the extent permitted by law,be fully protected from any loss,injury,damage,claim,lawsuit,cost,expense,attorneys'fees,litigation costs, defense costs,court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly,the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 10 5.05.1 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER,its employees, agents and officials, from any liability,claims,suits,actions, arbitration proceedings,administrative proceedings,regulatory proceedings, losses,expenses or costs of any kind, whether actual,alleged or threatened,actual attorneys'fees incurred by owner, court costs,interest,defense costs,including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually,allegedly or impliedly,in whole or in part to the performance of this Agreement. CONTRACTOR'S obligation to defend,indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR(and/or CONTRACTOR'S agents and/or employees)is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section,CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER,provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances,the obligation of CONTRACTOR will be all-inclusive and OWNER will be indemnified for all liability incurred,even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER,if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order,CONTRACTOR shall ensure that such individual(or individuals)shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans,drawings, specifications and/or estimates,the same shall be furnished in conformance with local, state and federal laws,rules and regulations. Page 4 of 10 5.08 CON TRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement,unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees,in compliance with the Immigration Reform and Control Act of 1986,Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR'S employees are eligible to work in the United States. 5.10 Drug-free Workplace Certification. By signing this Agreement,the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990(Government Code, Section 8350 et seq.)and will provide a drug-free workplace. 5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to establish an anti-drug use and alcohol misuse program consistent with the requirements of this Section. The CONTRACTOR's anti-drug use and alcohol misuse program shall include the following: a. The adoption,and enforcement,of a policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate the policy statement to its employees; b. An education and training program in which employees and their supervisors shall receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health,safety,and work environment,and on the signs and symptoms that may indicate prohibited drug use and alcohol misuse. In addition,supervisors shall receive an additional 60 minutes of training on the physical,behavioral and performance indicators of probable drug use and alcohol misuse; c. A testing program which meets the requirements of Section 3 below; and d. Procedures for referring an employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a substance abuse professional. Page 5 of 10 • 5.12 Drug and Alcohol Testing. a. Drug Testing The CONTRACTOR shall establish a program that provides testing for prohibited drugs in the following circumstances: pre- employment,post-accident,reasonable suspicion,random and return to duty/follow-up. When administering a drug test,the CONTRACTOR agrees to ensure that the following drugs are tested for: marijuana,cocaine,opiates, amphetamines, and phencyclidine. b. Alcohol Testing: The CONTRACTOR shall establish a program that provides for testing of alcohol in the following circumstances: post-accident, reasonable suspicion,random and return to duty/follow-up. The CONTRACTOR shall prohibit an employee,while having an alcohol concentration of 0.04 or greater,from performing or continuing to perform a safety-sensitive function. 5.13 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR'S employees perform services that have the potential for endangering the health and safety of members of the general public,and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves,co-workers and the public. Therefore,the CONTRACTOR hereby agrees,at its sole cost and expense,to develop and implement an employee security system and program that includes,but is not limited to,the following: a. A personal history statement; b. Reference checks; c. Photographs; d. Fingerprinting; e. Background investigation,including information from the California Department of Justice and the Department of Motor Vehicles. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information,requirements and criteria regarding OWNER's project; b. Furnish all existing studies,reports and other available data and items pertinent to each Task Order that are in OWNER's possession; Page 6of10 c. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement,the City Council of OWNER may, from time to time,and without affecting the validity of this Agreement or any Task Order issued thereunder,order changes,deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER,CONTRACTOR shall not be compensated for such services. 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition,event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes,modifications,deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized,payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement,the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order,and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement,OWNER, at its sole option,may terminate this Agreement at any time by giving 10 days'written notice to CONTRACTOR,whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination,the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services,CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents,reports,studies,plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. Page 7 of 10 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR'S own way as an independent contractor,and in pursuit of CONTRACTOR'S independent calling,and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further,CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents:Audit. 10.01 All draft and final reports,plans,drawings,studies,maps,photographs, specifications,data,notes, manuals,warranties and all other documents of any kind or nature prepared,developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER,and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion,CONTRACTOR may be permitted to retain original documents,and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws,rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement,nor shall CONTRACTOR release,reproduce,distribute,publish, adapt for future use or any other purposes,or otherwise use,any data or other materials first produced in the performance of this Agreement,nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain,for a period not less than four years following termination of this Agreement, all time records,accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary,CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit,examine and reproduce such records. Page 8 of 10 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements,either oral or written,between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws,rules,regulations,entitlements and/or permits applicable to,or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR,including the CONTRACTOR'S subcontractors,laborers,and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services,Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators,unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California,and all other applicable laws. The arbitrators'decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure,by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary,prior to the appointment of the arbitrators,all disputes shall first be submitted to non-binding mediation,conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services,Inc./Endispute,in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement,or the performance of any obligation under this Agreement,the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation,including mediation and arbitration fees and expenses,expert witness fees and attorneys'fees,to the prevailing PARTY. Page 9 of 10 IN WITNESS WHEREOF,the parties hereby have made and executed this Agreement as of the day and year first above-written. OWNER: CONTRACTOR: CITY OF BEAUMONT ALL AMERICAN ASPHALT B .yor City C uracil qq � Print Name_iLO -T Title Vie,6 &est oak.r Page 10 of 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On November 29, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name( of Signer( X personally known to me _iirrevecrtrrMtrtYrrttretrasis of satis+eetory-evidepsQ- BRENDA L. ROYBTER to be the person( )whose name 101-. Commission #E 1700922 is/subscribed to the within instrument Notary Public -California and acknowledged to me that he/sMe(t1- � = executed the same in his/heeirauthorized i�� Riverside CountydiMcapacit i nd that byhis/Mather ather MyCa nm.FxptresOct26,2010 signature(s)-an the instrument the person/0- or,the entity upon behalf of which the person(4)— acted,executed the instrument. WIITTJ -SS my hand and off ial • Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Agreement—City of Beaumont Document Date: November 29, 2007 Number of Pages: 10 Signer(jtOther Than Named Above: None Signer's Name: _Individual XCorporate Officer Title(ErVice-President _Partner-_Limited_General Top of thumb here _Attorney-in-Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt rr ,s • yv: t.. 4 '' o w' F o 0 Fidelity and Deposit Company of Maryland Gr l l„+ Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 Y FAITHFUL PERFORMANCE BOND Bond No. 089 03 421 PUBLIC WORK (The premium charged on this bond is$ 3,450.00 ,being at the rate of $ 4.25 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT,WHEREAS the City of Beaumont,CA. Executed in Two(2)Parts State of California,entered into a contract dated October 16th 2007 ,with All American Asphalt hereinafter designated as the"Principal," for the work described as follows: Pennsylvania Pavement Rehabilitation,6th Street to Oak Valley Parkway (Project No.06-00400 Street Repair/Reconstruction) ***Eight Hundred Eleven Thousand,Eight Hundred Eleven&No/100ths($811,811.00)Dollars ;and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized and existing under the laws of the State of Maryland,and duly authorized to transact business under the laws of the State of California,as Surety,are held and firmly bound unto City of Beaumont CA. in the penal sum of ***SEE ABOVE Dollars($ 811,811.00 ), lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according,to their true intent and meaning,and shall indemnify and save harmless the City of Beaumont,CA. its officers and agents,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,We have hereunto set our hands and seals this 28th day of November 2007 ALL AME; N ASPHAL BY:'/s Ovir - ••• e5 cD Principal FIDELITY AND DEPOSI '•• ���' '� �• PRF71001CA0201f �� .a: •aVi<��� ,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On November 29, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name44j-of Signer(4r X personally knownubscribed tothe me asis of evideace BRENDA L. ROYSTER to be the person( whose name(h y� 17t�r Commission 1700922 is/tto within instrument :s Notary Public -California and acknowledged to me that he/si18/tkey. t �� Riverside Countyexecuted the same in his/tA�fihsir authorized MyCamm.ExpliesOct26,2010 r capacity(ike}and that by his/hsrkheir signature(44-on the instrument the person(-j- or,the entity upon behalf of which the person(J- acted,executed the instrument. WIT j S my hand -id official,al, X1.1 _t— / L—.0,./ 4 ar Signature of Notary Public i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond—City of Beaumont Document Date: November 28, 2007 Number of Pages: 2 Signer($rr6ther Than Named Above: Owen M. Brown, Attorney-In-Fact Signer's Name: Individual XCorporate Officer Title(lr}' Vice-President _Partner-_Limited_General _Attorney-in-Fact Top of thumb here _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt • . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT /�>rj�'-C!.S,.�i!4.e S��e w4'� 4. a ; L5�,s-v svvSw'x$ C $`�S tv' < s Q !.-•>7 % V. ;kt, State of California P. County of ORANGE / ,.. •e; 'v 11-28-07 before me, BARBARA J J. BENDER, NOTARY PUBLIC, On Date • Name and nwaOfficer(ay..'Jane Doe.Notary Public') personally appeared (IWRN M_ RRntJt , Natne(s)of Sipttet(s) '' a Xpersonally known to me XXXPaidiNXIMMICOGINCEMOMINEMEIME .7 )0110111WEK .7 is to be the person(s) whose name(•) isle* subscribed to the within instrument and acknowledged to me that he/T,executed the same in his it authorized P. capacity(is), and that by his/ signature(.)on the instrument the person(*),or '\, the en' upon behalf of which the person() (,; acre, ,xecuted the instrument. s BARBARA J.BENDER �4 �% Commission#1494946 / r « ;,'SS and and i ff„ .:I. !! ,�'�^.I Notary Public•California 1 _ _ My Comm_Expires Jul 132006/ a ,''' OPTIONAL (�; Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent a fraudulent removal and reattachment of this form to another document j q, Description of Attached Document 1. c r<. Title or Type of Document: PERFORMANCE BOND NO. 089 01 421 11-28-07 Number of Pa s: ONE (1) '% Document Date: Pages: l".' '�; Signer(s)Other Than Named Above: ALL AMERICAN ASPHALT 7. Pi • Capacity(ies)Claimed by Signer Signer's Name: WEN M. BROWN g RIGHT itiU iBPRI'JT 7. 1:f....',. RIGHT SIG'GER i' 0 Individual Top Of thtallb here (c 0 Corporate Officer—Tide(s): Ce 0 Partner—❑Limited ❑General ►ttomey-in-Fact • ❑ Trustee 7. 0 Guardian or Conservator • ❑ Other. . FIDELITY AND DEPOSIT COMPANY ,� Signer Is Representing: OF MARYLAND ✓ C✓.r,,?, =?<_.,may:`✓:✓ �3:-.7:: ✓:✓':':L. ':.=✓t� :t✓:x'!:.✓::=!<✓: .7::!-7_'✓ 2��!':�✓::✓ ✓tom-?:��? 3: 0 1999 National Notary Association•9350 De Sob Ave..P.O.Bot 2402•Chatsworth.CA 913132402•www.nalasrinov'y.O(9 Prod.No.5907 Reorder:Cab Ton-Free 1-8008766827 F; D Fidelity and Deposit Company of Maryland Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 Bond No. 089 03 421 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive,Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: Cityof Beaumont,CA. Executed in Two(2)Parts That,Whereas has awarded All American Asphalt trs as Principal,a contract for the work described as follows: Pennsylvania Pavement Rehabilitation,6th Street to Oak Valley Parkway(Project No.06-0040 Street Repair/Reconstruction) AND WHEREAS,said Principal is required ad to furnish a bond in connection with said contract,to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law: NOW,THEREFORE,We the undersigned Principal and Surety are held and firmly bound unto the City of Beaumont,CA. in the amount required by law,the sum of Eight Hundred Eleven Thousand,Eight Hundred Eleven&No/100ths Dollars($ 811,811.00 )for which payment well and truly be made we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally,firmly by these nra nfltc THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators,successors or assigns,or subcontractors,shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001CA0601f • In witness Whereof,We have hereunto set our hand and seals this 28th day of November 2007 All American Asphalt Principal � By: /Zt rvr vt 1, r toeitir FIDELITY AND DEPOSIT By: App "��M. :rown ,Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On November 29, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(*rof Signer(H- X personally known to me sis of BRENDA L. ROYSTER sa"cfvidaace ., Commission # 1700922 �$ � Notary Public -California to be the person( hose name*-- I .49 Riverside County is/af subscribed to the within instrument MyCorm.ExpireSOCt26,2010 and acknowledged to me that he/str.tb yr executed the same in his/hP, keir-authorized capacity(ilierand that by his/I»rr'ttieirr signature(ran the instrument the person or,the entity upon behalf of which the person( acted,executed the instrument. BRENDA L. ROMER WIT S myhand a official s- Commission � 1700922 / r.r . Notary Public -California `j i r Rlveralde County ^`- MiC.omm.BcplesOct26,2010 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Payment Bond—City of Beaumont Document Date: November 28, 2007 Number of Pages: 4 Signer( Other Than Named Above: Owen M. Brown,Attorney-In-Fact Signer's Name: Individual XCorporate Officer Title( Vice-President Partner- Limited_General _Attorney-in-Fact Top of thumb here _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt ,,,.Y mom. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s,! ��is%S!. A,‹:: Sw.,t<,:.� ;tij,,,;.,: .,w,:.!�/.:w i S ./ Q,:�.�s,: S •, . 1 f : �;, .7 i V. State of California ss. A. County of ORANGE `'P. On 11-28-07 before me, BARBARA J J. BENDER, NOTARY PUBLIC, Date Name and rale oh°Nicer(e.g..'Jane Doe,Naaiy Pubic" ;, personallyappeared MEMM_ RRAWhi Name(s)of sl (s) Xpersonally known to me '!'.',1 XICIDWIWIEROMIDODIKKIEELEUMBECKW to be the person(s) whose name(*) is/t� %. . subscribed to the within instrument and s acknowledged to me that he/.j executed the same in hislliit authorized > %: capacity(is), and that by hisitaigifair K signature(*)on the instrument the person(s),or the en'• upon behalf of which the person(/) ". ;� acts i uted the instrument. A �; + BARBARA J.BENDER < L _ L Commission#1494946 j. S m nd and • al. ;} (c: i Notary Public-California �y �� ���j , 7� ,MyCommaExplresJul 3.200a ��,!�i �`I /✓l r,,,-,... .--;a � .��.� OPTIONAL % Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent is fraudulent removal and reattachment of this form to another document Description of Attached Document :t,. Title or Type of Document: PAYMENT BOND NO. 089 03 421 i�, 11-28-07TWO (2) Lc:. Document Date: Number of Pages: ,. " X ALL AMERICAN ASPHALT Signer(s)Other Than Named Above: is A Capacity(ies)Claimed by Signerck Signer's Name: OWEN M. BROWN FIGHT Hur.a R;rT `, OF SIG''ER i" v r' v 0 Individual Top of thumb here e; 0 Corporate Officer—Title(s): C 0 Partner—❑Limited 0 General % ►ttomey-in-Fact . S ❑ Trustee %• k 0 Guardian or Conservator ; A ❑ Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY i< OF MARYLAND L ✓%‹..,—,�✓� <✓' w,x,!G\✓n_!: ✓4<gx..'%:<_!x✓:K'?4K,_ ✓L<✓<✓:�._:m✓ d':✓:'i�.!':��..‹.,? ✓4;✓:.< : :�✓ .isi 0 1999 Mama!Nolwy Assodatlon•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.natoradnotary.ay Prod.No.5907 Reo,de:Cal Toll-Free 1-800876.6927 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY D LSI Vice Plresident0SIT COMPANY OF,and ERIC D.BARNESAAssistantl corporation of the State of Maryland,by WILLIA Fare set forth t Secretary,the in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, reverse side hereof and are hereby certified to be in full force and effect on the date h' e 1 a roi 1 "' by acnominate,t,to make,constitute execute, and appoint Owen M.BROWN,of Anaheim,California, its true and ;rly�t, �'jl 1 , 1 j kings,and the seal and deliver,for,and on its behalf as surety,and as its act . � '�I�� execution of such bonds or undertakings in pursuan ��' •1-� s,s+'�''ytr ': •on said Company,as fully and amply,to all intents and purposes,as if t �K• ?row.xe •,d ' ;� -'ged by the officersgrevokearly electes that issued of p y' 1 . heir • + + y� • r i . This power of attorney the Company at its office in Bal����, �` p on behalf of Owen M. tirtat_' 'muy' `r t The said Assistant c • '••*'1 "' ;' yw 1.11. at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- �• •• •any,and is now in force. .. IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of December,A.D.2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND is,DEPosr o J wM1 � f 4',..,� By: Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came WILLIAM J. MILLS,Vice President, and ERIC D.BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. !......r. Maria D.Adamski Notary Public My Commission Expires: July 8,2011 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, 28th NOVEMBER 2007 this day of , . �. Assistant Secretary • NOV-28-2007 WED 01:34 PM FAX NO. P. 01 Fax.... Spencer Cooley Edgewood Partners Insurance Center Formerly Known as Calco Insurance Brokers &Agents, Inc, License#0B29370 Phone : (714) 937-4366 + Fax : (714) 634-1328 To: Brenda Date: 11/28/2007 Fax: 951-739-4671 Pages: 5 Cc: Fax: Re: Ccrtificate(s)of Insurance Message: Please find attached certilicate(s)as requested. If you should have any questions,do not hesitate to contact me at(714)937-4366. Thanks Spencer One Gib blvd Wesl,Sulle 700 Orange,CA 92868 EDGEWOOD PARTNERS Ph;(714)937.1824 E-P-I - Insurance Center Fax:(714)634.1328 Lie.No.0829370 • NOV-28-2007 WED 01:34 PM FAX NO. P. 02 , ' . Client#,4415ALLAMERI2 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE TE(MM7 w) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Insurance Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic#0B29370 (714)937-1824 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One City Blvd W,#700 Orange,CA 92868.2947 INSURERS AFFORDING COVERAGE NAIC# INSURED INsuRERA: Arch Specialty Insurance Co. All American Asphalt INSURERS: Ins.Co.of the State of PA P.O.Box 2229 INSURER C: Seabright Insurance Co Corona,CA 928782229 INSURER 0: Hartford Fire Insurance Co, INSURER E: , COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITI(STANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT.10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY TI IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IRsR ADO'(, POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR N.R R. TYPE OF INSURANCE POLICY NUMBER _, ....u.u ... ..u A GENERAL LIABILITY GPP002265800 08101107 08101/09 EACH OCCURRENCE 21,000.000- DAMAGE'TO RENTED 5100,000 X COMMERCIAL GENERAL LIABILITY Cert Holder Is PREMISES(Ea accurroncol CLAIMS MADEril OCCUR additional MED EXP(Arty one Donlon) S . _ - - insured If PERSONAL&ADVINJURY 31,000,000 _ required by GENERAL AGGREGATE 12,000,000 GENII_AGGREGATE LIMIT APPLIES PER: written contract PRODUCTS•COMP/OP AGO s2,000,000 POLICY r �I IFS I 1 LOG -- _ - -- h D AUTOMOBILE LIABILITY 72UENGK5491K2 08/01/07 08/01/08 COMBINED SINGLE LIMIT X ANY AUTO Cert Holder Is (Ea accident) 21,000,000 ALL OWNED AUTOS additional— BODILY INJURY SCHEDULED AUTOS insured If (Por moon) S X HIRED AUTOS required by DOPILY INJURY S X NON OWNED AUTOS written contract (Por=Wont) 1— PROPERTYDAMAGE S ( accident) GARAGEUABILTTY AUTO ONLY-EA ACCIDENT 1 ANY AUTO OTHER THAN EA ACC 1 AUTO ONLY: AGG 1 B EXCESS/UMBRELLA LIABILITY 5686440 08/01/07 08101/09 EACH OCCURRENCE $10 000.000._ - ^ t OCCUR I]CLNMS MADE AGGRFGATE 510,000,000 S . PCDUCTinI-E1 X RETENTION S 10,000 I _S C WORKERS COMPENSATION AND 881070243 08/01/07 08/01/08 X I TORY LIMIi TS (OFR EMPLOYERS'UABILI7Y6.L,FACH ACCIDENT 11,000,000 ANY OrFICrR/MCM ER EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE EL,DISEASE•GA EMPLOYEE 11,000,000 If yoa,describe under SPECIAL PROVISIONS Lutow EL,DISEASE-POLICY LIMIT 11,000,000 .. _ __. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS �.. RE:Pennsylvania Pavement Rehabilitation 'tat CERTIFICATE HOLDER CANCELLATION - I a . L • : • . .I-' : H•• • ' .u n SHOULD ANY OF THE ABOVE FE$CR1PEP POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Beaumont DATE THEREOF.THE ISSUING INSURER WILLREIOEEXMRXR MAIL In DAYS WRITTEN 550 E.Gth Strout NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Sint GNuftemooppepom Beaumont,CA 92223 Ixe tIRMICAMIsxMPLAxxKOKSIXXVurx>OI XIMI TU RNXICAD iscRxxtrr oepcxx 1Hlbeeieerew 1VM _ — p 0 REPRESENTATIVE ACORD 25(2001108)1 of 2 #S24057/M21032 SCOT @ ACORD CORPORATION ieae NOV-28-2007 WED 01:34 PM FAX NO. P. 03 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5(2001/08) 2 of 2 #$24057/M21032 . NOV-28-2007 WED 01:35 PM FAX NO. P. 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION II -- WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for "bodily injury", "property damage", or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work", including "your work" that has been completed; or B. In connection with premises owned by or rented to you. As used in this endorsement, the words"you" and"your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. City of Beaumont Project: Pennsylvania Pavement Rehabilitation Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 811/07 00 CGL0006 00 05 07 Page 1 of 1 .NOV-28-2007 WED 01:35 PM FAX NO, P. 05 - • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE—BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM Under SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and non-contributory, and the written contract so requiring is executed by the Named Insured before any "occurrence" or offense, this insurance will be primary, but only if and to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy,) Policy Number: GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/07 00CGL0130000906 Page 1of1 doo .- PW v n AsphaltAll America 400 East Sixth Street Corona, Ca 92878(951)736-7600 FAX(951) 739-4677 INITIAL SET-UP FORMS FOR PROJECTS REQUIRING ADMINISTRATION UNDER BOTH STATE AND FEDERAL REGULATIONS ✓➢ COMPANY INFORMATION FORM ✓➢ CONTRACTOR/SUBCONTRACTOR QUALIFICATION FORM ✓➢ FRINGE BENEFIT STATEMENT ,A> CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION ✓➢ PUBLIC WORKS INFORMATION FORM(DAS 140) TRAINING FUND CONTRIBUTIONS > CERTIFICATION WITH REGARDS TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS DAVIS BAGUN h'KU.Jt' 102-15 ,o COMPANY INFORMATION FORM-FORM NO. 1 • PROJECT NAME: PennsdLvcu,..) Power„eMRehab- PROJECT NO. CONTRACTING AGENCY: C._Al d F & "Tt COMPANY: Reau,vnan+, Cc cert c) S'vtc. GENERAL CONTRACTOR XC SUB CONTRACTOR ADDRESS: x'2'2 Wo See. A CONTACT: 3;ni Lave . CITY: eautmd n ) STATE: CA ZIP CODE: 9.2c20)-3 TELEPHONE: 951 "gj15-?97 1 FEDERAL TAX ID#: 92/3 210(0 y(Y STATE TAX ID# 4/08- 71'5?-6 COMPLETED DATE: 42-/ -O 7 (SUBCONTRACTOR) APPROVED BY: All American Asphalt DATE: yap, (GENE R i t R) DAVIS BACON PROJECT rc..-v6 � `"i CONTRACTOR/SUBCONTRACTOR QUALIFICATION FORM NO. 4 AGENCY: C dc- bat. -r•oe\ " COMPANY: 6Peturr ,n t .E7 J r,c) Tr c. PROJECT NAME: 4rtnsji 1✓an-icv P <,mentAiabt ���c� '�n. " Q ,ior CONTRACTOR X SUBCONTRACTOR The undersigned Contractor or Subcontractor hereby attests that they are not on the Department of Housing and Urban Development's (HUD) list of debarred contractors or the • General Services Administration's Consolidated List of Debarred, Suspended, and Ineligible Contractor's and is fully qualified and prepared to perform construction services according to State Labor Codes and regulations. ArneriNational may confirm such qualifications. • /02/2-07 GENERAL CONTRACTOR/SUBCONTRACTOR SIGNATURE DATE JI STATE OF CALFORNlA•DEPARTMENT OF TRANSPORTATION FRINGE BENEFIT STATEMENT CEM-2501(REV.8/1994) CONTRACTOR/SUBCONTRACTOR(PleasePrint) CONTRACT NUMBER 'FEDERAL AID PROJECT NUMBER 1DATE aC0/.ATr.o••t £kr,ael (-J TA-C 'CONTRACT .v t ) kr/ TO: RESIDENT ENGINEER/DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS e*. -.:--Ar The following information(as shown or referenced on wage rate determinations)paid to or on behalf of employees in various crafts or classifications is used to check payrolls or applied to force account work on the above contract. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL,OR WHEN THERE HAVE BEEN ANY CHANGES. CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN,FUND,OR PROGRAM fy Eyq>ID1-t-C Effective Date vacation $ =�AsUr ,.Jirrw.an - .y0 t r,-,plc rC g-kt(AC'`�3 ,0�7nr-(*cte/ Wire $ P Y Pension $ '39 ,+v. )p•t.C Subsistence and/or Travel Pay Apprentice S S tC , 3 / .7S -claw, WfC-A _9'119 L_ tkC.olr% t)l\\Q t N.- Other $ .._At C fa w-t ti. , C IN- `1 S 3 7 $ CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN,FUND,OR PROGRAM �M \caw r Effective Date Vacation 5 3` l ' ` Lab ocir--E,cp3w" 're $ LI • )lo t Q\�(zt 51_1zl a-7Pomo, $ 5.�5 r,..pta,�z c Subsistence and/or Travel Pay: Apprentice 8 l 15- Other $ 'c.3 1 GA. �q o lel F C A - mac"C Q.-t>o/K- • s • J CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN,FUND,OR PROGRAM Effective Date Vacation S a- e ,,,..FA O"f-CC 1J15LctT k-0,(Zw`rtn rn�I[� Heanrta : .6(43 C A - 5z r a�� f li c.*t, ai 1a Welfare i'-13 01 -Cr` Pension $ $ Subsistence and/or Travel Pay. Apprentice S / S U- Other $ -2 TO.144 �vEC p-- St"t ci.�rt S J I certify under penalty of perjury that fringe benefits are paid to the approved Plans,Funds,or Programs as listed above. NAME AND TITLE(Please Print) C 1 t---a V`t BUSINESS TELEPHONE NUMBER SIGNATURE c` _ QL ' S9-7 Z CI Si —vT� —U For individuals with s nsory disabilities, this document is available in alternate formats. For information call(916)263-2041 or TDD(916) CEM2501 ADA Notice 263-2044 or w' Rec ds and Forms Management,1120 N Street, MS-89,Sacramento,CA 95814. California Department of Transportation•Construction Manual•July 2004 °•es"' A-1.37 • 2-02 S� 61 DAVIS BACON PROJECT CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION FORM NO. 14 GENERAL CONTRACTOR/SUBCONTRACTOR: eeaurno Ic.c..ri'c PROJECT NAME: Pcri,nsj tva-.n. ectv,e,rnen & 12c hat LtLA-6.IclvJ - eaurn0n The undersigned certifies that the authorized payroll officer named below and the principals of this company have read and understand the Labor Standards clauses pertaining to this project including the Pre-construction minutes and all related documents required in the AmeriNationaii Pre- construction Conference Package. The following person(s) is designated as the Payroll Officer for the undersigned company and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project. Q�� � 1�\U� Ignature yroli 0 (cer Print Name of Payroll Officer • Authorized By: 3k-a C C q Signatur Print Name • • Z 51 oi f I 7.4 \--) Data Title License.Number PUBLIC WORKS CONTRACT AWARD INFORMATION Z_O I •• Cdn Tact award oration must be sent to your Apprenticeship Committee if you are approved to train.If you are not approved to train,you must send the information(which may be this form)to ALL applicable Apprenticeship Cornmitees in your craft or trade in the area of the site of the pubic work.Go to:http:ln""^N•dir.ca.govidadPublicWorksFomts.iriiifor information about programs in your area and trade.You may also consult your local Division of Apprenticeship Standards(DAS)office whose telephone number may be found in your local directory under California,State of,industrial Relations,Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. CONTRACTOR'S STATE LICENSE NO NAME Of YOUR COMPANY L C /o - 7 9 6 e(�,u,m 0 n zL .G l`l cc�r l c, �'Yc�i• AREA CODE.TB EPHONE No. MPG/MESS-r..eE&STREET.OW.Y COOS 9 5/-��5-OO9 7 i717 w, zj 54-. See A� 13eetafilont CA g.2aa3 DATEYOU*CONI ?CT EJf .Q nwa aAOOtFSSOFRBJCYIORIL4IR1oECT � ' C tt7�i)� UTED Pc I ^ 5N(( cnr•lct iuyYr..t1A k ci-ki;or 5+• DATE OF F7a'El T®OR ACRIAL SrARTOF maw( rcn S�l4c an w 41 a:2:2;5 tii10 5( Ga.vt.nna.-� ) ESTOMTEDMAI EROFJOUNEYIENNOUN rwEanmRE ssoFFueucAmrcYAwNmMrcaNmAr.T � acJv co rC . �E `J'`'c L ck OCCUPATION OF APPRENTICE sS az�Z� E CA"Z_O t��� > CESTIMATED NUMBER OF APPRENTICE HOURS THIS Poral Is MHO SENT rra:(NAME aADOREsa OF APPRFxr>c�+IP PRoc,RAM(sI) (,O 1cC.1 Cc" Conlro.c1.c4rs Assoc. ppppWaMTEDATESTOBESAWED 9' 719 Linc°l'1 V`l\Q3c. Dr. , She .303 y1-1646— •)-/o�S Sa cr64-m-t'^.60 ) CA 9 S8 i7 This is not a request for dispatch of apprentices. Contractors must make a separate request lbr actual dispatch,in accordance with Section 230.1(s)Cafrfomie Code of Regulations Check One Of The Boxes Below 1. [JWe are already approved to train apprentices by the Apprenticeship Committee.We will employ and train under their Standards. +Enter name of the Committee 2n We will comply with the standards of W'S- r•\ cz AV CJ Ca c\ rS Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. JWe will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including§230.1 (c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. Signature cQ Date /2—/'i�'"0, Typed Name D ee r t... TI.A.r✓t c.r Title aenrra-1 Aicuia 9'e C State of California-Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS DAS 140(REV.WO REQUEST FOR DISPATCH OF AN APPRENTICE 6,A—V fQ G4— Do not send this form to DAS You may use this form to request dispatch of an apprentice from the Apprenticeship v, V . �1- ( Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.Aov/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Date: To Applicable ApprenticeshipCommittee: .Skt14"\ z�zc'�1cot) CAA"ac-ki)f5 \SO C. Address: ct-1 h 9 L-k•.C d " J‘�,rk cct d�(- 363 .51c(elm- CrA �y 7 Telephone: Gi I( " L4-S 3� 12 Fax: Contractor Requesting Dispatch: Address: Telephone: Fax: Person making request: Number of Apprentice(s) Needed Craft or Trade Date Apprentice(s) to Report: (48 hours notice required) Name of Person to Report to: Address to Report to: Time to Report: You may use this form, or make a verbal or written request, to ask for the dispatch of an apprentice. Please take note of California Code of Regulations, Title 8, § 230.1 (a) which says in part: if in response to a written request an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices ... DAS142(Rev.9-03) , ' State of California lOZ � O1 Department of Industrial Relations • California Apprenticehip Council S. Box TRAINING FUND CONTRIBUTIONS Sann FranciscoIsco,, 94142 CA Please use a separate form for each jobsite, listing the occupations for the jobsite. One check payable to the California Apprenticeship Council, may be submitted for all jobsites and/or occupations. Training California Apprenticeship fund contributions are not accepted by the California Council Apprenticeship Council for federal public works projects, or for non-apprenticeable occupations such as utility technicians,teamsters,etc. NAME AND ADDRESS OF CONTRACTORISUBCONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NMBER eeaumorl k. cc�ri T'nt.. C /0 _ 7i $3a9 g)7'7 1�J• Lj b ' St. , S-ee.,A CONTRACT OR PROJECT NUMBER Beca`,A,vrvOY. CA gaaa 3 11 �i Stk.))Con LracL # ‘.2.0Q as.. JOBSTE LOCATION(INCLUDE COUNTY)IF APPUCABLE. GIVE NAME OF SCHOOL,HOSPITAL,BUILDING.ETC. NAME AND ADDRESS OFPUBLIC AGENCY AWARDING CONTRACT ✓q1\5y tattYlictVQdY LdttkL Aon � d F �xa,�.t.Y- Pc nt�sy 1 rkt,r. t ZZZ 3 Sso clA ^ �L�? PERIOD COVERED BY CONTRIBUTION(FROM-TO) CLASSIFICATIONS)OF NORKERS(CARPENTER,PLUMBER,ELECTRICIAN,ETC.) COUNTY NARK PERFORMED IN HOURS CONRIBUTION AMOUNT (� /' t �^ RATE PER HOUR `-- INS. L am- a r,C] c fid.)f(J , 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total $0.00 SIGNATURE PLEASE TYPE OR PRINT YOUR NAME DATE (e-Ska C C &1.)-(tC( TITLE AREA CODE TELEPHONE NUMBER YC Z,S\att v-vt- °tSt-81-tcs- Wl-1 CAC 2(rev.6103)Hgtrs. TRAINING FUND CONTRIBUTIONS . CERTIFICATION WITH REGARD TO'1'II L riacr 'Jr 2-0 2- c • PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING REQUIRED REPORTS The bidder ,proposed subcontractor ,hereby certifies that he has ,has not 1,participated in a previous contract or subcontract subject to the Equal Opportunity Clauses,as required by Executive Orders 10925, 11114, or 11246, and that,where required,he has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filling requirements. �ta w��•. LI ct,rt sc.„ c_ *6—c (company) By: ` (s; 1 G C .81-C Pf t 5 CIT wit (Ty'pe or Print Name and Title) k 4G17 (Date) Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. : . — ZoZSsSa1 } > _ _ _ - ' SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To: r , 1, , do: Date: \ 1 t O1 .a Project Number: - - • h tt �'� r1 s Gl �u J �"e t trxCiLct k V I 6 ) Project Name: 1. The undersigned,having executed a Contract with: �tC ` p ` ��S \ �..-c(i t�C v� <,Ci2 g, 1-}- —for �c � `�' CLt T Nature of Work j Contractor 1(7 2. _7 in the amount of$.-- 1 in the construction of the above-identified project,certifies that: (a) The Labor Standards Provisions of the Contract for Construction are Included in the aforesaid Contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest the is designated ) ineligible off the by Comptroller Lbor Part 5 (29 CFR, Part 5)States or pursuant to Section 5.60(b)of the Regulations Sion 3(a)of the Davis-Bacon Act, as amended(40 U.S.C. 276-2(a)). . (c) No part of the aforementioned Contract has been or will bessubbconntracteion in d ttohicany subcontractor subciff such subcontractor or any firm, corporation, partnership P has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 3. er agrees too obtain and forward to the contractor, oontractor's Ctransmittal fiificationrConient,within ten cemi g Labor Standardad nand the execution of any lower subcontract, a S Prevailing Wage.Requirements,executed by the lower tier subcontractor, in duplicate. (a) The workmen will report on or about • 1/41zfog ` YDate 4. He certifies that . (a) The legal name and the business address of the undersigned are: ~• f, In '61_ S S ,A- Cr D-2-2— (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (2 A PARTNERSHIP O A CORPORATION ORGANIZED IN THE STATE OF: CPC (4) OTHER ORGANIZATION(Describe) Page 1 of 2 35 • SUBCONTRACTOR'S CERTIFICATION CONCERNING . LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (continued) (c) The name, title and address of TITowner, partners or officersofADthe undersigned are: NAME -CJ�G CZ q LO v*. 4c-c s Jt vkA— t c._ 13-1-/Lo q 5k. , %ccA.,.v,.wn c.A 92-L8 _._D-i--t-- « Rks-kS . 4 (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned,And the nature of the interest are(I(l�e, so state): • NAME MAIMS l OF INTEREST • . • (e) The names, addresses and trade classifications aref all none,other ebuso state):construction contractor in which the undersigned has a substantial int NAME ADDRESS TRADE CLASSIFICATION twr'( • (Subcontractor) � c_rl �,�-c_ PC-Ts,4_n, BY A---/-7.11__e - (Typed Name and Title) (Signature) WARNING U.S. Criminal Code, Section 1010, Title 18, U.S.C.,provides in part. Whoevermakes,passes, utters or publishes 1 any statement,knowing the same to be false shall be fined not more than$5,000 or imprisoned not more than two years, or both Page 2 of 2 ESCROW NO.: 1125 ACCOUNT NO.: 14-901369 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (hereinafter called the "Agreement") is made and entered into on this 6th day of December, 2007,by and between City of Beaumont, whose address is 900 E. 6th Street, Beaumont, CA 92223 (hereinafter called "Owner"), All American Asphalt, whose address is P.O. Box 2229, Corona, CA 92878 (hereinafter called "Contractor"), and Community Bank, a California banking corporation, whose address is 505 E. Colorado Boulevard, Pasadena, California 91101 (hereinafter called "Escrow Agent"). WHEREAS, the parties desire to establish an escrow account with Escrow Agent(the "Escrow Account")pursuant to the provisions of Section 22300 of the California Public Contract Code. NOW, THEREFORE, for the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the Construction Contract entered into between the Owner and the Contractor, for Pennsylvania Pavement Rehabilitation in the amount of$811,811.00 (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and the Contractor. Securities shall be held in the name of City of Beaumont, and shall d 3ignate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions,provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of the retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, the Contractor and the Escrow Agent. CBCR-Agrmnt -1, S 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by the Contractor at any time and from time to time without notice to the Owner. 6. The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to the Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days'written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections 5 to 8, inclusive, of this Agreement and the Owner and the Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of the Owner: On behalf of the Contractor: City of Beaumont All American Asphalt Name: Name: Mark Luer Title: / Title: Vic President Signa oto;_ ,_ _ Signature. SC0 P ok4skddress: -900 E. 6th 'tree/ Address: P.O. Box 2229 Beaumont, CA 92223 Corona, CA 92878 CBCR-Agrmnt 2 E On behalf of the Escrow Agent: COMMUNITY BANK Name: Leslie K. Buhl Title: Vice Preia ent Signature. �.,. , F. ie Addres 50• E. 'olorado Blvd. asadena, Ca 91101 (626) 568-2232 At the time the escrow account is opened, the Owner and the Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. OWNER: CONTRACTOR: City of Beaumont All American Asphalt Title: Title: Vice President Name: / ame: rk Luer Signatur, ,i Si U .tur 11 .– .— / � CBCR-Agrmnt 3 wz c10 IMPORTANT INFORMATION REGARDING CERTIFIED PAYROLL REPORTING FORM CPR FOR INFO.DOC For all state public works projects,there are basic legal requirements that all contractors must adhere to. The requirements are contained in Labor Code Section 1773.8 and as summarized below: 1. Certified Payroll Reports shall contain ALL of the same information as required on the Public Works Reporting Form provided by the Division of Labor Standards Enforcement. 2. All Payroll Reports must be in consecutive number order,including"Non- Performance"weeks. (Statement of Compliance must be attached to each certified payroll report) 3. At the end of your work on the project you're last certified payroll report submitted must be marked"Final Payroll" 4. Make sure all information requested is complete,is any information is incomplete this will generate a request for a new revised copy. (information usually missing) • Work classification is clear • Name,address,SS# are listed • Check number is listed • Payroll Number and Dates 5. Work Classifications are especially important. Remember that"Journeyman or Apprentice" is not a classification. need to know the eWe have no way ofact lassificationowing what sification ofynur that you are employing by this info. employee. (i.e. : Carpenter,Laborer,Operator,etc....) Also list what group number they are if applicable and when listing apprentices,you need to also list which period apprentice they are. 6. Backup documentation for"Other Deducts" are required upon request. • Provide Information for Other Deducts You may make payroll deductions as permitted by DOL Regulations 29 CPR Part 3. These regulations prohibit the employer from requiring employees to"kick-back" any of their earnings. Allowable deductions include employee obligations for income taxes, Social Security payments, insurance premiums,retirement, savings accounts, an any other legally—permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. Please supply backup documentation regarding the"other deductions" listed on your Certified Payroll Reports and your Statement of Compliance. (i.e. : copy of a wage garnishment/levy requires—a signed document from employee for any other deductions listed above, excluding income taxes) EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3.An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall,within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically ted by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding ' ee all such awards applicable to the joint apprenticeship committee making the request Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen,pursuant to the certificated fixed number of apprentices to journeymen,the awarding agency shall notify the Division of Apprenticeship Standards. 1776. (a)Each contractor and subcontractor shall keep accurate payroll records, showing the name,address, social security number,work classification,straight tins and overtime hours worked each day and week,and the actual per to each journeyman,apprentice, worker,or other employee employed by him or her in connection diem he e public p paid Each payroll record shall contain or be verified by a written declaration that it is made under pwith enalty of perjury,stating both of the following:(1)The information contained in the payroll record is this and correct (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1)A certified copy of an 's payroll record shall be made available for inspection or furnished to themempsu bdivision(�hior her authorized on 1equest (2)A certified copy of all payroll records enumerated. the contract,a)shall be made available for inspection or furnished upon request to a representative of the body awardingthe Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision(a) shall be made available for inspection or for copies theHowever,a request by the public shall be made through upon the publicthereof.However, contract, the Division of Apprenticeship Standards,or the Division of Labor Standards either the body awarding ll records have not been provided pursuant to paragraph(2),the requesting party Enforcement.Ithe f pay roll shall,Prior to being provided the records,reimburse the costs of preparation�the contractor, subcontractors,and tion the entity through which the request was made.The public shall not be given access to the records at the principal office of the contractor. the Division of Labor Standards Enforcement cc (c)The certified payroll records shall be on forms provided by shall contain the same information as the forms provided by the division. (d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a)with the records within 10 days after receipt of a written request that as and furnished upon request to the public or the entity of records made available for inspection copies (c)genAny copy the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement ntpublic shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security number.The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.Any copy of records made available for inspection by,or flunished to,a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a antic 29 of the United States Code)shall be marked or obliterated only to prevent disclosure of an individual's name and social security number.A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an br unpaid wages and may award the joint labor management committee�reasot �le attorney'sdthe per's employeets currein maintaining the action. An action under this subdivision may misclassifkatioa of the craft of a worker on its certified payroll records.Nothing in this subdivision limits any other available remedies for a violation of this chapter. (i)The contractor shall inform the body awarding the contract of the location the records enumerated under of a subdivision(a),including the street address,city and county,and shall,within five no of days,provide a notice change of location and address. (g)The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written r notice requesting the records enumerated in subdivision(a). In the event that the subdivisionrsubcontractor n hoae to comply within the 10-day period,he or she shall,as a penalty to the state or politicalofd eache behalfworker, he contract is made or awarded,forfeit twenty-five dollars($25)for each calendar day, portion Standards or forhe work r, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship then due.A the Divi is not of Labor Standards Enforcement,these penalties shall be withheld from progress payments subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act,(Chapter 3.5(commencing with Section 6250),Division 7,Title 1,Government Code)and the Information Practices Act of 1977,(Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records,including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (A This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a later enacted statute,that is enacted before January 1,2003,deletes or extends that date. 1776.(a)Each contractor and subcontractor shall keep an accurate payroll record,showing the name,address,social security number,work classification,and straight time and overtime hours worked each day and week,and the actual per diem wages paid In each journeyman,apprentice,worker,or other employee employed by him or her in connection with the public work. andshallble for (b) The payroll records enumerated under subdivision (a) shall be certified and (1 A certified be availablecopof inspection at all reasonable hours at the principal office of the contractor on the following or his or hos an employee's payroll record shall be made available for inspection or furnished to (a) on (2)A certified copy of all payroll records enumeratedshall be made va rble for request request to a of the body awarding the contract, the made available br inspection Standards orE furnished upon Standards of the of Division of Labor Standards EnSonoemeut, and the Division of ApprSatioesmP Industrial Relations. (3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available n or for copies thereof However,a request by the public.shall be made through upon by the publicStandards,or the Division of labor Standards either the body awarding the contract,the Division of Apprenticeship to (2),the requesting party Enforcement.lithe requested payroll records have not been provided pursuant subcontractors,and ty shall,prior to being provided the records,reimburse the costs of preparationto the contractor,records the principal the entity through which the request was made.The public shall not be given access office tithe conThe certified records shall be on forms provided by the Division of Labor Standards Enforcement or (d'fhs same as the forms provided by the division. shall contain the same information a certified copy of the records enumerated in subdivision(a)with the entity that (d)aEret rcdswithintractor shall0daysysafer written requested)Anyrcowithin 10 as and furnished upon request to the public or quest (e) copy of records made available for inspection copies any public agency by the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards • Enforcement shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security number.The name and address of the contractor awarded the contract or performing the 0ontract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of'litle 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's social security number. the contract of the location of the records enumerated under (f)The contractor shall inform the body awardinga noticedof a subdivision(a),including the street address,city and county,and shall,within five woridng days,provide change o[kxstion and address. of written notice apecit)+in8 in (g)The contractor shall have 10 days in which to comply subsequent to receipt thewhat respects within the contractor must comply with this section.In the event that the contractor fails to comply 10-day period,he or she shall,as a penalty to the state or political subdivision on whose behalf , until madetiicr awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion laof, for the worker, of labor t fiance is disctuated. Upon the request of the Division of Apprenticeship S�ards Enforcement,these penalties shall be withheld from progress payments then due. (b)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this shall fix the responsibility for compliance with this section on the prime contractor. C) The director section.These stipulaor rules consistent with the California Public Records Act,(Chapterr33shall S(commencing with Section 6250),Division 7,Title 1,Government Code)and theti Practices 7,(! 1.8 4, 3, the release of these records,including �� ofreasonable fees to be charged forreproducing copies of records required by this section. (j)This section shall become operative January 1,2003. 1777.5.(a)Nothing in this chapter shall prevent the employment of properly registered tered apprent>es ponperd'tub iswageworks for (b) Every apprentice employed upon public works shall be paid prevailing rateapprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is Only apprentices, as defined in Section 3077, who are in trailing under apprenticeship standards that (4 Chief of the Division of Apprenticeship Standards and who are parties to written apprentice have been approved by with Section 3070) of Division 3 are eligible to be employed at the agreements tunder Chapter 4 (commencing he of each apprentice shall be in accordance with apprentice wage rate on public works.The employment and training either(1)the apprenticeship standards and apprentice agreements under which he or she is training or(2)the rules and regulations of the California Apprenticeship Council. state or any political subdivision, in (d) When the contractor to whom the contract is awarded by the performing any of the work under the contract,employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in 2 . apprentices to the site of the public work for a certificate approving the contractor the craft or Made that can prnve PP and training of apprentices in the area or industry affected. However,ider he decision op the standards for the employment the decision of apprenticeship program to approve or deny a certificate shall be subject to review hy Administrator of Apprenticeship. The apprenticeship program or perms, upon approving the s p��m shall of apprentices to the contractor. A contractor covered by pprenticeo works s standar for the dispatch to submit any additional application in order to include additional public standards s ode not be required le craft or trade, as used in this section, means a craft or trade decontracts underthatProgra' m accordance with rules and regulations prescribed by the California Apprenticeship as anC ante As used inoccrrPatlse "contractor" includes any subcontractor under a contractor who Apprenticeship Council. As this section, performs any public works not excluded by subdivision(o).contract for public works, evecontractor shall submit contract award work on a ry (e)Prior to commencingthat can supply apprentices to the site of the public work. The information to an applicable include aim hours to be performed under the contract,the number information ppreti s propos shall a e employed,estimate apof proximate m teada�the apprentices would be employed.A copy of this apprentices to and w ding� requested by Within 60 days after of information shall be submitteda to htheact�subcontractorf shall submit gawardng body, if requested, concluding appy onnt the contract,each coaled statementand apprentice hours performed on the and to the apprenticeship program a°� ��journeymancontract The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (0 The apnpre> p program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. craft or on the (g)The ratio of work performed by apprentices to journeymen employed in a standardscular undertrade which the higher than the ratio stipulated in the apprenticeship public ��m o hare the contractor agrees to be bound by those standards,but,except as otherwise provided in this section,in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.14 This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hams worked duringthe dayby journeymen so employed.Anywork performed by a journeyman in excess of the nuurs mber dar y c hours r 40 hotuurn s p per k ww eek c shall not be used to calculate the ratio.The contractor shall employ apprentices for s above before the end of the contract or,in the case of a subcontractor,before the end of the same the ubctimetaw that the contractor the shall endeavor,to the greatest extent possible,to employ appy+ ratio a not that the journeymen in the same craft or trade are employed at the jobsite.Where an hourly apprenticeship de, the Chief of the Division of Apprenticeship Standards, upon application of an a craft or trade,may order a minimum ratio of not less than one apprentice for each five journeymen in a craft apprenticeship program,or trade (classification A contactor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate,or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-tn-5 ratio required by subdivision((g). in a particular craft or trade in U)Upon proper showing by a contractor that he or she employs apprenticeswork for every five the state on all of his or her contracts on an annual average of not less than ohour ofmay grant a cerhy five hours of labor performed by journeymen,the Chief of the DivisionApprenticeship exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section for that craft or trade. has the discretion to grant to a participating contractor or contractor Anassoapprenticeship P shallpbe subject to theof the Administrator of Apprenticeship,exempting the contractor athficao which forth approval one of the following conditions is met(1) in the area exceeds an average of 15 percent:(2)The number of contractor from the 1—previous period a when it finds any �craft or trade Unemploymenta for theg in the area exceeds a ratio of 1 to 5.(3)There is a showing that the a either eoa statewide is replacing in trainingthrough apprenticeship training, basis at local bane (4)Asst of its oflourn apprentice to annuallyany work performed�a public works contract would or on ad hears.(4) jeopardize property of fellow employees or the public at create a condition that would jeopardize his or her life or the life";safety,or cannot be provided by a large,or the specific task to which the apprentice is to be assigned is of a nature that training journeyman. isgrantedto subdivision(k)to an organization that represents contractors in(I)When an exemptionpursuant contractorsnwill not be required to a specific trade from the 1-to-5 f ratio onov a localc l statewide basis, the cow,if they are already covered by the applications for approval to local joint apprenticeship submit individual local apprenticeship standards. anyof the work under the contract, (m)(1)A contractor to whom a contract is awarded,who,in performing shall contribute to the California employs journeymen or apprentices in any apprenticeable craft or tradeamount of apprenticeship Apprenticeship Council the same amount that the director determines is the take prevailing as a credit payments to the training contributions in the area of the public works site. A contractor maythat can supplyitfor apprentices to the council any amounts paid by the contractor to an approved apprenticeship programtin hisn or her bid site of the public works project.The contractor may add the amount of the contributions in computing g for the contract 3 year, the California Apprenticeship Council shall distribute training (2)oAt the coney t e ofeachfiscal the expenses of the Division of Apprenticeship co Staniaals s received by the council user this subdivision, less Standards for administering this subdivision,by making Bran approved apprenticeship programs m��purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved the same craft or trade and geographic area are two which the ttaining approvedtr'butions were apprenticeship ePr's grant to shall be made. (B) multiempbyer made to the apprenticeship prog a t� that Pre» hic area for which the training contributions were prugianre grant shall be di craft ort based on the number of apprentices registered made to the council,( the grant n i utions not among hs(A)and(B)shall be used to defray in each program.(Gy All training contributions distributed under subparagraphs , treat to this the fixture expenses of administering this subdivision. (3) All training contributions received puri in the Apprenticeship Training Contribution Fund,which fund is hereby created in the StateSubdivision shall depositedin the Apprenticeship Training Cont ibution F. NotwithstandingFund ihere Section 13340 ppro of the t purpose u Govof carrying ernment out this subdivision and to pay the Contribution is hereby continuously appropriated for the expenses of the division in administering this subdivision. be inserted in the contract stipulations to effectuate this The awarding the contract shall cause for all pulaton occupations this section• stipulations shall fix the responsibility of compliance with this section with the prime contractor• contractors or to contracts of specialty contractors not (c This section does not apply to contracts of general of por those specialty bidding foe work through a general or prime contractor when the contracts of general contractors involve less than thirty thousand dollars($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6. It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works,on the ground of the race,religious creed,color,national origin,ancestry, sex,or age,except as provided in Section 3077,of such employee. 17that is determined by the Chief of the Division of Apprenticeship Standardsa (a)to A contractor l orviolatedSection1777.51717.5 shall forint as a civil penalty an amount not exceeding one hundred dollars have$100)f knowingly full calendar day of noncompliance.The amount of this penalty may be reduced by the hundred theauntfor each would be disproportionate to the severity of the violation. A contractor or • subcontractor if of knowinglythe conalty1777.5 within chapter,shall period suboot non that commits ra secondesiPor crinin not being provided as required b5'this where civil noncompliance the sum results in e the threep unrring the Chief,the as a penalty the of not more than hundred dollars($300)for each full calendar day of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penalty has been imposed by the civil penalty from contract progress payments then due or to become awardingbody shall e withhold ther amountfor a first-time violation and with the due. (2) for in this subdivision,the Chief may, c In lieu of the penalty apprenticeship program described in subdivision (d), order the contractor or subcontractor to provide to the work hours that would have been providedfor apprentices during period of noncompliance. (b)In the event a contractor or subcontractor is determined by the Chief to have knowingly committed a of Section 1777.5,the Chief may also deny to the contractor or subcontractor,and to serious violation of any provision work as a subcontractor on any public works its officers, the right bid on or be awarded or a of up to three years for a second or contract bra period of up to one year for the first violation P ericd subsequent violation. Each prod of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order of the Administrator of Apprenticeship a review of determination of (4(1)An affected contractor,subcontractor,or responsible officer may obtain to the office theof the rmiai o the debarment or civil penalty by transmitting a written requestof this shall Aso in served wr tyChief t n 30 days after service of the determination of debarment or civil penalty.copy of i o report ofallelsbsd on the Chid If the Administrator does not receive a timely request for review trade. Within 20 days debarmentof the or civil penalty made by the Chief the order shall become the final order o of tee Ar .(2) days officer the timely receipt of a request for review, the Chief shall provide subcontractor, or respo opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly disclose any documents obtained after the 20-day time limit at a time set forth for exchange of evidence by A .(3)Within 90 days of the timely receipt of a r gest for review, possessingll qualifications the commenced before as the Administrator or an impartial bearing officer designated by Code. The affectedon administrative law judge pursuant to subdivision (b) of Section 11502 of the Government or res ible officer shall have the burden of providing evidence of compliance with Section 1777.5contractor)Within 4days Pow the Administrator shall issue a written decision affirming, modifying, Within ss ntheof the minatona df ba hearing, The decision shall contain a statement of the modityia6,or dismissing determination of debarment or civil penalty parties and the awarding body pursuant and legal basis for the decision oand an order.oceThurn decision�be served on all mail at the last knownaddress of the party that pursuant tosf Section 1013 of the Code of Civil Procedure by the Administrator may the party has filed with the Administrator. Within 15 days of issuance of the decision,p reconsider or modify the decision to correct an error,except that a clericale error may beiew and obtained_a decision 5)An affected cofontractor, subcontractor, or responsible officer who has timely quea tinea for a writ maddate to under paragraph(4)may obtain review of the decision of the Administrator by filing the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the final decision. If no timely petition for a writ of mandate is filed, the decision shall become the final order of the 4 Administrator.The decision of the Administrator shall be affirmed unless the petitioner shows that the Administrator abused his or her discretion. If the petitioner claims that the findings are not supported by the evidence, abuse oft supported by substantial evidence in light of discretion is established if the court determines that the findings and file it with clerk ofthe the entire record.(6)The Chief may certify a copy of the final order of the Administrator subcontractor has property or has or had aa place e f superior court l i,immediately in whichthe filing,shall enter juthe affected contractor dgment for the tate against the person assessed in the business shown fit' P� entered pursuant to this section shall bear the same rate of interest amount llav on the certified as A judgment and be given the same preference allowed by the law on other and shalt have the same effect as other judgments for the service performed by him or her pursuant to judgments renderethis section.An d for awarding claims The withheld thirds irdlls not responseteto a determination by the Chief imposing a penalty �upon of c e�certified oal order of the Administrator,promptly transmit the under this section shall, amount of the certified order,to the Administrator. withheld Rinds,I f up c theis blind to have violated Section 1777.5,the prime contractor of the project is not liable contractor had knowledgentractor subcontractor's failure to for any penalties (da If a subcontractor (a),unless the primeof the following underi nubdivieion comply with any complyee provisions of Section 17���>�sscontractor and the or the performance of work on t (1)The contract includeexecuteda of the provisions of Sections 1771, 1775, 1776,1777.5, 1813,and 1815. the publicworksproject shallmonitor subcontractor's use of apprentices required to be employed on the public (2)The contractor pursuant shall to subdivision but not limited to, periodic review of the works project P�'�to (d) of Section 1777.5, including. pa (3)Upon becoming aware of a failure of the subcontractor to employ ere quired number certified of apprentices, the subcoshalt take corrective action,including,but not limited to, g the subcontractordue 'thecon on the public works project until the failure is corrected.(4) the Prior to makin fins/payment the subcontractor work performed on work performed on the public works project, the contractor shall obtain a declaration signed underpenalty of penury from the subcontractor that the subcontractor has employed the required number owiithhhpublk body pursuant to this section shall be deposited in the General Fund (°e)Any hinds wheld awarding or in the equivalent fund of an awarding body if the awarding body is an entity is a state entity, if the awarding body in determining whether a violation is other than the stahe• the amount of a monetary penalty, all of thes w The Chief determining consider,in setting ashould be debarred for violating this section, whether and for how long partyher the y has • serious,and in following circumstances: Whether the violation was intentional. (2) took vows co ly remedy other r violations of Section 1777.5.(3)Whether,upon notice of the violation,the party for my re tiedy e violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities ffp party seeks 5) Whether,and to what extent,the violation otherwise harmed apprentices or apprenticeship programs. shall decide the Chief to impose a monetary penalty or period of debarment, de reviewoodecision atby by considering the same factors set forth above• of the de novo the penalty, of Section 1777.5 and this section shall be in accordance with the regulations(g) Administrator may adopt regulations to establish guidelines for the imposition California Apprenticeship Catriods oldebarmentdesignate decisions under Section 11425.60 of theof monetary Government and periods of and ms,* NOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE INTERNET www dir.ca. ov . DAS 10(Rev.04-02) 5 DAVIS BACON PRVutu t Luz-45 ��� } COMPANY INFORMATION FORM-FORM NO. 1 r PROJECT NAME: • 11 . ( / 0._ ,1.► • 0 PROJECT NO. 5 0 AGENCY: ► �� I. 1 Al ._.44 k CONTRACTING COMPANY: A \ • � 11. &% ,1 A GENERAL CONTRACTOR .>< SUB CONTRACTOR ADDRESS: . ,i S ����r 04 'a a * -CONTACT: tk--0.)41° s\cco : ,C'P�'t1C� STATE:_ ZIP CODE:Q� �J9 CITY: 'n TELEPHONE:6 I" . eJ 1% FEDERAL TAX IDA • /1 4 STATE TAX ID# ?)1 24/COO COMPLETED BY: f \ ` (, R . DATE: •. �_ SONTRAC ) APPROVED BY: All American Asphalt DATE: /01 (GEN ERAQ0 O R) Corona, A • DAVIS BACON PROJECT CONTRACTOR/SUBCONTRACTOR QUALIFICATION FORM NO. 4 AGENCY: �\\ N,me r\c 01\ COMPANY: bN offTs i• PROJECT NAME:0" . e a aAA" IA!4i 'k • • CONTRACTOR SUBCONTRACTOR The undersigned Contractor or Subcontractor hereby attests that they are not on the Department of Housing and Urban Development's (HUD) list of debarred contractors or the General Services Administration's Consolidated List of Debarred, Suspended, and Ineligible Contractor's and Is fully qualified and prepared to perform construction services according to State Labor Codes and regulations. AmeriNational may confirm such qualifications. 1) Av) CVSk2MYYtVI GES: 0 RACTOR/5UBCONTRACTOR SIGNATURE DATE DAVIS BACON PROJECT CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION FORM NO. 14 GENERAL CONTRACTOR/SUBCONTRACTOR: ,. 6 _ silk .11 a = PROJECT NAME: S)Qii A Pe..4 • REArNa The undersigned certifies that the authorized payroll officer named below and the principals of this company have read and understand the Labor Standards clauses pertaining to this project including the Pre-construction minutes and all related documents required in the AmeriNationall Pre- construction Conference Package. The following person(s) is designated as the Payroll Officer for the undersigned company and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project. I ' A ( � , rr 5CLO(\f1Print me of Payroll Officer r ignaiure of Payroll Officer J � Authorized By: I �.Q Print Name ignatu C. Aallo� ��C«� P\C:6- 1 14cr-aof-- Data Title License.Number 2V1('QcX ) PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train,you must send the information(which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htmfor information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards(DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations,Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTORS STATE LICENSE NO Chrisp Co. 374600 MAILING ADDRESS-NUMBER&STREET,CITY,ZIP CODE - AREA CODE&TELEPHONE NO. 43650 Osgood Rd., Fremont, Ca 94539 (510) 656-2840 fcME&ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR C NTRACT EXECUTED ) A� /V ►�, � �il�ta��o�, \ \' O l DATE OF EXPECTED OR ACTUAL START O,f.PROJECT (ar.....a.A.A.AYN©1 1 ` NAME&ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS C` 11 ` OCCUPATION OF APPRENTICE laborer striper THIS FORM IS BEING SENT TO:(NAME&ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS • APPROXIMATE DATES TO BE EMPLOYED Pavement Stripers & Highway Maintenance Apprenticeship &Training Trust For Southern California 1168 East La Cadena Dr, Suite 201 Riverside, CA 92501 (951)248-4341 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.1(a)California Code of Regulations Check One Of The Boxe,Below 1. We are already approved to train apprentices by the Perri- 4i(�..e r 4 14iA_L1 1'4q z\r Apprenticeship Committee. We will employ and train under their Standards. . tnter name of the Committee 2. We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3.141 We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including§230.1 (c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. 1 - MillTyped Name 'PA 49 . (� 1 (1._ 1 I - Title \ n4 co,c-\-- Actin l a 15-tr toC State of California-Department of Industrial Relations DIVISION • DAS 140(REV.1/04) OF APPRENTICESHIP STANDARDS State of California Department of Industrial Relations California Apprenticeship Council P.O. Box 420603 TRAINING FUND CONTRIBUTIONS San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check payable to the California Apprenticeship Council may be submitted for all jobsites and/or occupations. Training fund contributions are not California Apprenticeship accepted by the California Apprenticeship Council for Council federal public works projects, or for non- apprenticeable occupations such as utility technicians, teamsters, etc NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION CONTRACTORS LICENSE NUMBER CHRISP COMPANY 374600 43650 OSGOOD ROAD CONTRACT OR PROJECT NUMBER FREMONT, CA 94538 !V'ls -.Q a JOBSITE LOCATION(INCLUDE COUNTY)IF APPLICABLE-GIVE NAME OF NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACTC:Ad S((C��OOL,HOSPITAL,4lairi UILDING,etc. ,p o O Yl� Tenn OI,�V mielt'tT�e kolo �c U3©c-k� P-P__cukArorit �f u ' , (Qin ^* - 3c PERIOD COVERED BY CONTRIBUTION(FROM-TO) o\nfi vCA ' QQ3 CLASSIFICATIONS OF WORKERS(CARPENTER PLUMBER,ELECTRICIAN,ETC). COUNTY WORK PERFORMED IN HOURS CONTRIBUTION AMOUNT RATE PER HOUR 0.00 Laborers 0.34 0.00 Painters 0.10 0.00 0.00 0.00 0.00 0.00 Total $0.00 SIGNAT LEASE PE PEO RINT YOUR NAME DATE � �� ELE , JENNIFER COLLINS )O �17 TITLE AREA CODE 8 PHO E NUMB R CON CT ADMINISTRATOR (510)656-2840 CAC 2(rev.6.03) TRAINING FUND CONTRIBUTIONS CERTIFICATION WITH REGARD '1'u'I'tiL rralcr viu. •..•�:+ VA: G v a ' PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder_ proposed subcontractor y ,hereby certifies that he has ,has not participated in a previous contract or subcontract subject to the Equal Opportunity Clauses,as required by Executive Orders 10925, 11114, or 11246, and that,where required,he has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filling requirements. ►. .b Coku.111 .1 .......4 (Company) \ a By: ( is lam) . Q I\A 1�cr e.CC I`1(N�Cç - k Mm'L 0 t c c©c (Type r Print Name andTide) (Date) Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. - 202 (6 zra-i .; ' ` • SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS a� e_! . Alia • To: ' do: 1• O. 41 It Date: ..- • 0 • Project Number r.. r " e ' O • • . . Impigumi • • . Project Name: 1. The undersigned,having ex:.-, ted a Contract with: ` I . s A5! &4 for • &II ` kii. 1 k A . .•�� Nature of W.' '; Contractor 2. in . the amount of S � in the construction of the above-identified project,certifies that: e Labor Standards Provisions of the Contract for Construction are included in the aforesaid (a) Contrail. O b Neither he nor any firm,corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller.General of the United States pursuant to 1 Section 5.60(b)of the Regulations of the Secretary Of Labor, Part 5 (29 CFR, Part 5), or pursuant to Secdon 3(a)of the Davis-Bacon Act, as amended(40 U.S.C. 276-2(a)). , (c) No part of the aforementioned Contracts been or nershwilll beip orssiation bsubcontracted toany nysusubcontractor i such subcontractor or any firm, rpora on has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. • to the ecipient, in ten 3. after agrees too obtain ander subcontract, tnt act Subcontractor's onor,for tract�s CertificationrConcerning hLabor Standadards and the execution of any lower subco Prevailing Wage Requirements, executed by theellower tier subcontractor, in duplicate. (a) The workmen will report on or about Q Date 4. He certifies that •• (a) The legal name and the business address of the undersigned are: • et ti •&AG 4. _e - t OA** 1 .i� • a • 1 . n, (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (2) A PARTNERSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF: ea 1\C)r0\,a — (4) OTHER ORGANIZATION(Describe) Page 1of2 • 35 20zssg.'� 0Z1 SUBCONTRACTOR'S CERTIFICATION CONCERNING . LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (continued) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADD aabrrsk ,`�.(f1 • � .car i \I \.C.J2- • t k . imitari qA 1 0 11 w W • ' �e /ae.a • 1 (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are,(If none, so F INTEREST • (e) The names, addresses and trade classifications of all other building construction contractor in which the undersigned has a substantial interest are (If noneRADE CLASSIFICATION NAME ADDRESS \\v. — Q'\,,,c .,em CfpvTaxin„) (Subcontr- t•r)' 'AAA I dS 41s BY (- _�1) (Typed Name and Ti -) IN -TY1i `i WARNING U.S. Crirriinal Code, Section 1010, Title 18, U.S.C.,provides ned not more than$5,000 orlmprisonoever maks, eed not more than two utters or publishes any statement,knowing the same to be false shall years, or both Page 2 of 2