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19-0402_W.A. RASIC CONSTRUCTION CO., INC_Maintenance & Repair Services Agreement
2019 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND W. A. RASIC CONSTRUCTION COMPANY, INC. 1. Parties And Date. This Agreement is made and entered into this 9-6( day of 2019, by and between the by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and W. A. Rasic Construction Company, Inc., a California corporation with its principal place of business at 4150 Long Beach Boulevard, Long Beach, CA 90807 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2 Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor ("Task Order"). Contractor represents that it is experienced in providing On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and maintenance and repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor will perform the Services and shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such maintenance and repair services for the On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services ("Project") as set forth in this Agreement on an on-call, as-needed basis. The Contractor will perform the Project services in accordance with the approved Specifications, Special Provisions, and the Standard Specification for Public Works Construction, Latest Edition, and the Standard Specifications for the Construction of Domestic Water and Recycled Water facility for Water Systems Repair. Including all supplements therefore, on file in the Utilities Division Office of the City of San Juan Capistrano, California. (The "Standard Specifications"). Services shall additionally be ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as 1 set forth herein (each such project shall be designated a "Project" under this Agreement). There is no guarantee of any of the Work of this project occurring, or that the full amount specified in the section on compensation will be spent. 3. TERMS. 3.1 Scope of Services and Term. 3.1 .1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance and repair services necessary for the Project ("Services"). The types of Services to be provided are generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Orders issued by the City. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit "C". All Services shall be subject to, and performed in accordance, with this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall commence on the date first set forth above and expire one (1) year from the commencement date, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and mutually agreed upon schedules and deadlines and shall meet any other established schedules and deadlines set forth in the Task Order. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. The Parties may, by mutual, written consent, further extend the term of this Agreement for two (2) additional one-year periods. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the specific schedule that shall be set forth in the Task Order ("Schedule of Services"). Contractor shall be required to commence work within three hours of receiving a fully executed Task Order. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with each Schedule, the City shall respond to Contractor's submittals in a timely manner. Upon the City's request, Contractor shall provide a more detailed schedule of anticipated performance to meet the relevant Schedule of Services as set forth in each Task Order. 3.2.3 Conformance to Applicable Requirements. All work undertaken by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Utilities Superintendent, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Walter A. Rasic Jr. Vice President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement and as described in the relevant Task Order. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors, if any, have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a city or county business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. In addition, Contractor shall possess a valid State of California Class A (General Engineering) or C-36 (Pipeline or 3 Mechanical) Contractors License. The City shall have the right to request a copy of any license for the purposes of verification. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement and any Task Order issued by the City, or which may be provided separately and agreed upon in writing by the Parties. Contractor shall be responsible for the cost of any damages suffered by the City by reason of delay caused by Contractor, its employees or subcontractors, if any. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Services while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 4 3.2.10.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub- subcontractors and consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants, if any, performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10. 3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontracts, sub-subcontractors or consultants, if any, to meet any of the requirements provided for in Sections 3.2.10.1; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against 5 any subcontractor, if any, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (GARB). Contractor shall specifically be aware of the CARB limits and requirements application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors, if any, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board, the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services 6 assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors, if any, will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor, if any, to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001 , code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence, $4,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident, $4,000,000 aggregate for bodily injury and property damage; and (3) Workers' 7 Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per occurrence, $4,000,000 aggregate per accident for bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Agreement. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11 .3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the 8 Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11 .2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds, No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional 9 insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 .9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shalt at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, if any, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and 10 wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. Not required. 3.2.13.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in the form provided by the City attached hereto as Exhibit "D". If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to II the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The cost of bonds, insurance, office support, accounting, regulatory compliance, and other business expenses are covered under the allowed percentage of Overhead and Profit entered on Exhibit "B;" and will not be allowed as a direct expense. The total compensation to be provided under this Agreement, in the aggregate, shall not exceed Forty-Five Thousand Dollars ($45,000) ("Total Compensation") without written approval of the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 California Labor Code Requirements. 3.3.5.1 Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of 12 this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771 , 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.5.2 Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.a 3.3.5.3 This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Contractor may, by written notice to City, terminate the whole or any part of this Agreement at any 13 time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: W. A. Rasic Construction Company, Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 Attn: Walter A. Rasic Jr. Vice President City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steve May, Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its 14 officials, officers, employees, subcontractors, if any, consultants or agents in connection with the performance of the Contractor's Services, the Project, this Agreement, or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses, except for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage or injuries arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, at Contractor's own cost, expense and risk, with counsel selected by Contractor with the consent of City (which consent shall not be unreasonably withheld), any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against the City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding, except for any judgments, awards or decrees arising through the sole negligence or willful misconduct of City, or its officials, directors, officers, employees, agents or independent contractors. Contractor shall also reimburse City for the cost of any settlement paid by the City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding, except for any costs of settlements arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse the City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, except for any legal expenses and costs arising through the sole negligence or willful misconduct of the City, or its officials, directors, officers, employees, agents or independent contractors. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 15 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, subcontractors, if any, and agents of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than 16 a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors, if any, to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.19 Recitals. The recitals set forth above are true and correct and incorporated herein by reference. [signatures on following page] 17 2019 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND W. A. RASIC CONSTRUCTION COMPANY, INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1.r.: Aday of ( ) 1 2019. CITY OF SAN JUAN CAPISTRANO W. A. RASIC CONSTRUCTION Approved By COMPANY, INC. r B a in gel .,4,141,k_ ity Manager Signature ,-(-3-/T Peter L. Rasic (// Date Name President Att e0 By' ,• / cTitle �r M {a orris, ity ler 23 ,,, 2...(:, , , Date /g,0 7 Approved As To Form: City Attorney 18 EXHIBIT "A" SCOPE OF SERVICES The Contractor is tasked to perform on-call and as-needed water, sewer and storm drain maintenance and repair services pursuant to Task Orders issued by the City. Such Services may include, but are not limited to, the following work activities: A. The repair of water, storm drain, and sanitary sewer mains, service laterals, fire hydrants, water valves, water meters, air valves, blow-offs, force and gravity mains, manholes, etc. The Contractor will perform the Project services in accordance with the approved Specifications, Special Provisions, and the Standard Specification for Public Works Construction, Latest Edition, and the Standard Specifications for the Construction of Domestic Water and Recycled Water facility for Water Systems Repair. Including all supplements therefore, on file in the Utilities Division Office of the City of San Juan Capistrano, California. (The "Standard Specifications") The following are examples of the typical work to be performed, but does not constitute all the work needed in the fulfillment of the needs of the City. • Replace Existing 1" Service Laterals per standard detail W-1 • Replace Existing 2" Service Laterals per standard detail W-2 • Replace Fire Hydrant per standard detail W-6, or W-7 • Replace Fire Hydrant riser per standard detail W-6, or W-7 • Pothole Existing Facilities for Location and Depth • Install Stainless steel repair clamps on 6- 12 inch diameter pipeline at depths of 6-foot to 8-foot. • Replace 8-inch PVC, C900 Water Main, of lengths 20, 50, or 100 foot. • Relocate Sewer Mains • Replace existing 8, to 12 inch Resilient Seated flanged Gate Valves • Replace all existing bolts on 8, to 12 inch flanged Valves • Raise Existing valve cans per standard detail W-13 • Raise existing sewer manhole lid to grade per City standard detail 807 • Provide sewer spill containment and clean up equipment and personnel. • Any and all repairs and relocations needed in the event of a natural disaster. • Provide from Equipment and Materials from list (Exhibit B) on an hourly basis: • Provide Laborers, Teamsters, Operating Engineers, Pipefitters/ Welders, Utility, Equipment Operators, and Project Management from list (Exhibit B) on and hourly basis. • Perform fixed lump sum work for specific conditions and work per quoted cost on Exhibit B. B. The work may be done during regular working hours, after hours, or on weekends. If there is an emergency, the Contractor will be expected to respond within three (3) hours of the call for assistance to the event location site. C. All emergency work will be done on a time and material basis plus normal markups per the Standard Specifications for Public Works Construction (The Green Book). Daily reports will be prepared and submitted to the City per section 3-3.3 of the Green Book. All work will be performed in compliance with the City's standard specifications and the requirements of the City. D. The Contractor will be responsible for supplying all labor, equipment, and materials needed as requested by City personnel to complete any job assigned by the City. The City will furnish as agreed upon prior to start of work or on an as needed basis any required materials not supplied by the contractor. The City will call Underground Service Alert (USA) for utility locations prior to the start of work. The City will acquire all permits from the governing agencies as required. In the event that a conflict or contradiction is discovered between the proposal language and the City's standard contract terms, the City's standard contract terms shall prevail. E. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. F. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the City representative. G. The Contractor shall verify the location of all utilities prior to construction and shall be held liable for all damages incurred due to his operations. H. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. I. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). J. The Contractor shall provide storm drain pollution protection per the City NPDES Program. K. Per City Council Policy 601 , an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. In the event that an Archeological Monitor is required the City shall provide the Monitor at the City's expense. L. The Contractor shall provide traffic control per the Manual on Uniform Traffic Control Devices (M. U. T. C. D. Manual). M. Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the City representative. N. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The City representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered. O. The City representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. P. The On-Call Water, Storm Drain and Sanitary Sewer Maintenance and Repair Services are to be provided on an "as needed and when requested" basis. Work will ordinarily be performed between the hours of 7:00 AM and 6:00 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Utilities Director or his/her authorized representative prior to commencing work during hours outside those stated above. Q. Work will not be performed without prior approval and only as authorized by a City representative. The selective repairs and/or maintenance approach should be performed using a "find it/fix it" approach that consists of four primary steps: 1. Meet with City staff to discuss the proposed work 2. Conduct a site-walk to evaluate field conditions 3. Prepare an itemized cost estimate for proposed work 4. Prepare and execute a task order for proposed work R. Contractor is required to maintain an office within a 55-mile travel distance of the City. S. Contractor shall provide the City with the name of a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person must be available for emergency work scheduling at all times. Contractor shall be able to respond to emergency work requests within one hour of notification by City and have crews available at the event location site within three (3) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. T. The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. EXHIBIT "B" COMPENSATION (***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] (i111 SouthernCalifornia tt.At. KASIC CONS IRLCIl1) Cost Plus Rates-_J GENERAL ENOTNETRUNO CONTRACTOR COST PLUS RATES EFFECTIVE JULY 1, 2018 through JUNE 30,2019 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS PROJECT MANAGEMENT General Foreman CAGF 103.05 139.42 175.79 Project Administrator PADM 67.72 87.09 108.45 Foreman CAFM 99.81 134.64 169.47 Project Engineer 1 PEG1 73.99 96.09 118.20 Journeyman CAJM 94.94 127.47 160.01 Project Engineer 2 PEG2 84 94 111.57 138.19 Apprentice-8th Period(90%) CAA8 88.06 117.34 146 62 Project Engineer 3 PEG3 92 82 123.17 153.53 Project Engineer 4 PEG4 100 41 134.37 168.33 CEMENT MASONS Superintendent PMSP 147.56 192.38 237.20 Foreman CMFM 95.71 125.43 155.16 Assistant Project Manager PMAS 121 88 165.87 211.19 Journeyman Commerciat CMJC 90.84 118.27 145.69 Project Manager PMPM 137 81 185.87 233.93 Journeyman Light Commercial CMJL 81.60 106.75 131.91 Senior Project Manager PMSR 193 21 260.85 328.49 F&T Machine Operator CMFT 91.25 118.86 146.48 Apprentice-8th 6 Mos.(90%) CMA8 85.04 109.73 134.41 LABORERS TEAMSTERS General Foreman LAGF 92.92 123.71 154.51 Foreman TDFM 88.98 113.98 138.98 Foreman LAFM 90.90 120.73 150.56 GR 2-2 Axle Vehicle TDG2 85.98 109.57 133.15 Group 1-General LAG1 83.36 109.62 135 88 GR 3-3 Axle Vehicle/2 Axle Water Truck TDG3 86.20 109.88 133.56 Group 2-Chute Man LAG2 84.25 110.93 137.62 GR 5-Working Truck Driver TDG5 86.55 110.40 134.25 Group 3-Pipeline Backup Man LAG3 85.14 112.25 139.36 GR 6-4 or More Axle(Low Bed) TDG6 86.60 110.47 134.35 Group 4-Pipe Layer,C&S LAG4 87.65 115.95 144.25 Apprentice-6th Period(95%) TDA6 70.83 93.69 116.56 Group 5-Blaster/Driller LAG5 88.22 116.79 145.35 Apprentice-6th Period(85%) LAA6 66.71 90.99 115.27 OPERATING ENGINEERS WELDERS/FITTERS/HLP-Local 250 ShortlIne General Foreman,Appdx.A OEGF 120.23 161.03 201.83 Foremen WLFM 121.72 166.43 208.36 Foreman,Appdx.A OEFM 116.98 156.25 195.52 Journeyman WLJM 114.75 156.16 195 03 Group 1,Appdx.A-Oiler OEG1 109.05 144.57 180.09 Metal Trades WLMT 69,39 91.39 111.10 Group 2,Appdx.A-011er OEG2 110.32 146.43 182.55 Group 8,Appdx.A-Universal OEG8 113.74 151.47 189.21 Group 10,Appdx.A-Mechanic OEGM 113.93 151 78 189.59 Group 8,Appdx.B-Crane(up 10 25 tons) OEBB 114.21 152.17 190.12 Group 9,Appdx.B-Crane(25 to 50 tons OEB9 114.49 152.57 190.86 Apprentice,GR 8,Appdx A-6th(90%) OEA6 105.76 139.72 173.68 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman Lull scale rates. Billing for apprentices will be based on actual classification(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11)counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island,Santa Barbara Island,Santa Rosa Island,Anacapa Island,including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material,subcontractors,subsistence,outside rentals(including fuel costs)etc.will be billed cost, plus sales tax as applicable,plus mark-up of 15%. Overtime Rates: Shift(s)shall be paid per union agreement(s). Subsistence: Lodging&meals for management,superintendents&general foremen will be billed et actual costs, plus mark-up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility USA Notification: Client is responsible for Underground Service Alert(USA)notification for all emergency work. NOTE: All wage scales presented herein are subject to change without notice, This document does not include all labor classifications. Additional labor classifications are available upon request. Some work areas may be subject to special wage agreements,if applicable,fees will be billed accordingly. CONFIDENTIAL (Rev)07/20/18 Proprietary Information 4150 Long Beach Boulevard, Long Beach,CA 90807 - 562-928-6111 - fax: 562-928-7339 - www.warasic.com state contractor's license#A368761 W. A. Rasic Construction Equipment Rates • Rates Effective January 1, 2018 Air Compressors Hourly Rate Air Compressor - 13 HP (Truck Mounted) $ 8.00 Air Compressor - 185 CFM w/tools & hoses $ 25.00 Asphalt Paving Equipment Hourly Rate Asphalt Spreader Box (variable width) $ 6.00 Propane Torch - Portable $ 5.00 Roller- 24" Width Walk Behind Type $ 24.00 Roller- 30" Width Walk Behind Type $ 26.00 Roller- 36" Width Walk Behind Type $ 28.00 Roller- Asphalt Vibratory Dual Drum Smooth Type - 3 to 5 Ton $ 41.00 Roller-Asphalt Vibratory Dual Drum Smooth Type - 8 Ton $ 50.00 Tack Sprayer/ Emulsion Pot (220 Gallon Capacity) $ 18.00 Backhoes Hourly Rate Backhoe - Case 580 Super M 4X4 $ 61.00 Backhoe - Case 590 Super M 4X4 $ 67.00 Backhoe - Case 590 Super SN 4X4 $ 70.00 Backhoe - CAT 420 D 4x4 $ 63.00 Backhoe - CAT 430E $ 58.00 Backhoe - CAT 430E/ CAT 430F2 4x4 $ 60.00 Backhoe - CAT 450E 4x4 $ 62.00 Backhoe -John Deere 310 SE $ 61.00 Backhoe Attachments Hourly Rate Auger Drill for Backhoe - 12" Diameter (Max Depth 8') Daily Rate $ 180.00 Auger Drill for Backhoe - 24" Diameter (Max Depth 8') Daily Rate $ 250.00 Hydraulic Breaker 1000 LB for Backhoes $ 50.00 Compaction Wheel for Backhoe - 12" or 18" Wide $ 10.00 Boring Equipment Hourly Rate Accu-Punch Bore Mole 2" diameter $ 20.00 Accu-Punch Bore Mole 3" diameter $ 25.00 Accu-Punch Bore Mole 4" diameter $ 32.00 Accu-Punch Bore Mole 5-3/4" diameter $ 50.00 Recon Bore Motor - Ingersol RandModel 44 (Air Driven) $ 10.00 Compaction Equipment Hourly Rate Tamp / Powder Puff- Air Driven Daily Rate $ 25.00 Vibratory Soil Plate Compactor 34" Wide (CAT 320/330/325&JD 200/225 Excavator) $ 26.00 Vibratory Plate 24" (Walk Behind) Daily Rate $ 100.00 Wacker (Jumping Jack) Daily Rate $ 100.00 CONFIDENTIAL Updated 06/06/2018 Proprietary Information Page 1 of 8 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Concrete Equipment Daily Rate Concrete Mixer- 1/3 CUYD Capacity (Tow Behind) $ 90.00 Concrete Saw- Walk Behind Hourly Rate $ 60.00 Concrete Vibrator (Electric) $ 100.00 Concrete Washout Bin (5.25 CUYD) $ 75.00 Confined Space &Safety Equipment Daily Rate Air Supply System - Allegro $ 250.00 Air Cart w/60 Min. Bottles $ 160.00 Stretcher Basket w/Buckles $ 75.00 Gas/ Oxygen Monitor $ 100.00 Harness- Full Body Type $ 15.00 Lanyard Retractable Type - 30' Length (Yo-Yo) $ 35.00 Manhole Blower-4130 CFM (Gas Powered) $ 40.00 S.C.B.A. 5 mins (Scott SKA-PAK 2.2-3.0) $ 75.00 Tripod w/Winch For Confined Space Entry $ 80.00 Velometer(Air Flow Measuring Device) $ 100.00 Vent Blower Trailer Mounted (12,000 CFM) Hourly Rate $ 35.00 Vent Blower Trailer Mounted (25,000 CFM) Hourly Rate $ 50.00 Drill Rigs Hourly Rate Mobilram -ABI TM 18/22B (83' Height - 148,000 LBS) $ 580.00 Lo- Drill -John Deere 450CLC(102,000 LBS) $ 365.00 Excavators Hourly Rate Excavator- CAT 303E (7,782 LBS) $ 24.00 Excavator- CAT 320 CLU (51,750 LBS) $ 115.00 Excavator- CAT M322D- Wheeled (51,809 LBS) $ 125.00 Excavator- CAT 325 CL (64,460 LBS) $ 145.00 Excavator- CAT 330 DL (79,700 LBS) $ 235.00 Excavator- CAT 335F (84,604 LBS) - No Swing $ 255.00 Excavator- CAT 336 EL (86,796 LBS) $ 250.00 Excavator- CAT 345 CL (100, 810 LBS) $ 245.00 Excavator- CAT 385 CL(187,360 LBS) $ 400.00 Excavator- John Deere 120 C (28,840 LBS) $ 85.00 Excavator-John Deere 225 CLC (53,936 LBS) $ 120.00 Excavator- Komatsu PC 1000 LC (222,130 LBS) $ 515.00 Excavator- Komatsu PC 1250 LC-8 (249,560 LBS) $ 600.00 Excavator- LiuGong 906C (13,228 LBS) $ 52.00 Excavator- LiuGong 922D (50,500 LBS) $ 115.00 CONFIDENTIAL Updated 06/06/2018 Proprietary Information Page 2 of 8 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Excavator Attachments Hourly Rate Bedding Conveyor 30" Wide w/8 CUYD Capacity Hopper- Felco (for CAT 385 Excavator) $ 22.00 Concrete Pulverizer Jaw Type 6,300 LB (for CAT 345 Excavator) $ 100.00 Compaction Wheel 24" Wide (for Hitachi EX 100 Excavator) $ 12.00 Compaction Wheel 36" Wide (for JD 200, CAT 320, CAT 325, CAT 330 Excavator) $ 15.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) $ 17.00 Hydraulic Breaker 1000 LB (for JD 120 Excavator) $ 50.00 Hydraulic Breaker 4000 LB (for CAT 325, CAT 330, CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 336, CAT 345 Excavator) $ 200.00 Hydraulic Breaker 10000 LB (for CAT 345 Excavator) $ 300.00 Hydraulic Breaker 15000 LB (for Komatsu PC1000 Excavator) $ 410.00 Vibratory Hammer ABI HVR100Z- 4,585 LB (for CAT 336, CAT 345 Excavator) $ 75.00 Fusion Hourly Rate Fusion Machine For HDPE - 4" Diameter max (Butt Fusion) $ 25.00 Fusion Machine for HDPE - 2" Diameter Max (Socket Fusion) $ 10.00 Generators Hourly Rate Generator 5 KW $ 10.00 Generator 25 KW $ 20.00 Generator 45 KW $ 35.00 Generator 118 KW $ 75.00 Generator 230 KW $ 115.00 Lifts Hourly Rate Forklift - Hyster w/ 5,000 LB Lift Capacity $ 50.00 Forklift -Clark w/ 8,000 LB Lift Capacity $ 55.00 Forklift - Hyster w/15,500 LB Lift Capacity $ 70.00 Telescoping Lift - Gradall w/ 6000 LB Lift Capacity & 36' Reach $ 55.00 Loaders Hourly Rate Loader- CAT 950 H (44,435 LBS) $ 170.00 Loader- CAT 966 M (51,176 LBS) $ 230.00 Loader- CAT 980 H (68,489 LBS) $ 270.00 Loader-John Deere 544 J (30,459 LBS) $ 85.00 Loader- LiuGong 842Z Ill (33,601 LBS) $ 85.00 Loader- LiuGong 856Z III (40,675 LBS) $ 105.00 Skid Steer Loader- CAT 236 $ 45.00 Skid Steer Loader- CAT 248B $ 45.00 Skid Steer Loader - CAT 262 C $ 45.00 Skid Steer Loader - CAT 262 D $ 45.00 Skid Steer Loader - Case TR270 $ 50.00 Skip Loader - Case 570 MXT (4X4) $ 50.00 Skip Loader - John Deere 210 LE $ 55.00 CONFIDENTIAL Updated 06/06/2018 Proprietary Information Page 3 of 8 W.A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Loader Attachments Hourly Rate Asphalt Zipper-30" Width (for CASE 590/CAT450 or larger) $ 85.00 Asphalt Zipper-48" Width (for CAT 950 Loader or Larger) $ 85.00 Broom /Sweeper (for CAT 248B, CAT 262C & 262D) $ 10.00 Compaction Wheel - 24" Width (for CAT 950, CAT 972) $ 12.00 Hydraulic Breaker 600 LB (for CAT 262) $ 40.00 Mulching Machine- 64" Cutting Width (for CAT 262C Skid Steer Loader) $ 150.00 Pavement Grinder- Up to 24" (for CAT 248B, CAT 262C & 262D) $ 20.00 Miscellaneous Equipment Daily Rate Air Hacksaw $ 75.00 Air Ratchet $ 30.00 Angle Ginder w/4.5" Wheel Diameter $ 37.50 Auto Level w/Case Tripod & Rod (Magnification: 28X) $ 75.00 Cart-ATV Type (Gas Powered/4 Passenger) Hourly Rate $ 15.00 Cart-Golf Type $ 75.00 Chipping gun/Air Hammer/ Rivet Buster w/Tools $ 75.00 Clay Spade $ 50.00 Combination Rotary/Demolition Hammer(Up to 1" Diameter Chuck Adaptor)-Electric Powered $ 105.00 Cut-off Saw/Chain Saw/Skill Saw/Jig Saw $ 75.00 Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Duct Rodder- 500' $ 80.00 Duct Rodder- 1000' $ 100.00 Electric Drill (1" diameter max drill bit) $ 50.00 Fan 30" Pedestal Type $ 40.00 Geo Phone Underground Sounding Device (Pig Locator) $ 175.00 Grade/ Flo-Line Instrument $ 6.00 Heat Gun/Non-Contact Infrared Thermometer $ 4.00 Holiday Tester (also for T-Lock Liner Testing) $ 50.00 Jackhammer 70 LB Air $ 90.00 Test Pump Hydrostatic- 5 HP $ 80.00 Test Pump Hydrostatic- 8 HP $ 125.00 Hydraulic Torque Wrench 1" - HyTorc $ 300.00 Impact Gun/ Driver- Up to 1" (11,160 In-Lbs to 16,200 In-Lbs) $ 30.00 Impact Gun - Up to 1" (1600 Ft-Lbs / 19,200 In-Lbs) $ 90.00 Laser- Pipe & Slope Type $ 75.00 Light Stand (Single Lamp 120 Volt) $ 15.00 Light Tower -Towable Unit (4 Lamp) Hourly Rate $ 25.00 Peanut Grinder w/5' Whip Kit $ 37.50 Pipe Cutters -4" to 8" Diameter $ 40.00 Pipe Locator $ 100.00 Pipe Threader Electric (up to 2") $ 70.00 Pipe Threader Electric (Up to 4") $ 175.00 CONFIDENTIAL Updated 06/06/2018 Proprietary Information Page 4 of 8 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Miscellaneous Equipment - Charged Daily (continued) Daily Rate Pipe Threader Hand (Up to 2") $ 100.00 Pipe Tongs (4" to 12") $ 8.00 Pipe Tongs (16" to 24") $ 15.00 Pipe Tongs (30" to 36") $ 20.00 Plywood Pullers (Up to 6,000 LBS) $ 10.00 Portable Pipe Vise (Tripod Standing Type) $ 35.00 Pressure Washer $ 60.00 Rebar Cutter (Up to 3/4" Max) $ 120.00 Reciprocating Sawzall $ 75.00 Rock Drill (Up to 1") Hourly Rate $ 16.00 Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Sand Blaster $ 175.00 Steam Pressure Washer Trailer Mounted (3500 PSI) $ 160.00 Survey Unit for Pig Runs - Promark 3 GPS Type (with receiving units) $ 400.00 Tapping Machine (Up To 2" -water systems only) Per inch rate $ 40.00 Tapping Machine -T.D. Williamson (Up to 2" - Petroleum) Per inch rate $ 100.00 Utility Pole Support Holder (40' max pole height) $ 30.00 Motor Graders Hourly Rate Motor Grader-John Deere 770CH II $ 105.00 Office Trailers &Storage Containers Daily Rate Office Trailer 8' x 16', 8' x 28' or 8" x 32' $ 40.00 Office Trailer 12' x 56', 12' x 52' or 12' x 60' $ 70.00 Storage Container 8' x 20' $ 10.00 Pipe Fitting Equipment Daily Rate Bevel Band w/Transmission Crawler (Up to 24") $ 8.00 Bevel Machine (Up to 12") $ 8.00 Bevel Machine (Up to 20") $ 18.00 Cold Cutter - Low Clearance (2" to 14" Steel) $ 40.00 Cold Cutter - Low Clearance / Rotary Cutter (16" to 26" Steel) $ 48.00 Double Jackscrew Chain Clamp - Mathey Dearman (Up to 36") $ 110.00 Electromagnetic Drill Press/ Mag Drill (Up to 1") $ 40.00 Line-Up Clamp / Rachet Line-Up (Up to 12") $ 2.00 Line-Up Clamp / Rachet Line-Up (Up to 24") $ 5.00 Mechanical Plug (Up to 12") $ 2.00 Mechanical Plug (Up to 24") $ 5.00 Pipe Dispensing Trailer (Up to 2") Hourly Rate $ 12.00 Pipe Dispensing Trailer (Up to 2") Hourly Rate $ 15.00 Torque Wrench - Manual (Up to 1000 LBS) $ 100.00 CONF=IDENTIAL Updated 06/06/2018Pa e 5 of 8 Proprietary Intormahon 9 W.A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Portable Concrete Batch Plant CUYD Rate Portable Concrete Batch Plant- Port-A-Pour(Max production @ 120 CUYD per hour) $ 25.00 Recycling Equipment-Crushers. Screens & Conveyors Daily Rate Conveyor/40 Cubic Yard Load Out Bin $ 250.00 Conveyor/Barber Greene P580 Dozer Trap Feeder(42"x6' Belt Feeder,42"x54' Discharge Conveyor) $ 250.00 Conveyor/Stacker 36" Wide x 60' Long- Anaconda TR6036 $ 250.00 Radial Stacker 36" Wide x 130' Long- Iron City Supply $ 250.00 Radial Stacker 36" Wide x 186' Long -TCC 42-155 $ 250.00 Screen Frame 12' Wide w/Adjustable Top - Grizzly $ 100.00 Screening/Material Processing Machine-Sandvik QA140 5-3 (100 HP/53,600 LBS) Hourly Rate $ 105.00 Single Fine Material Washer-Trio TSW4432 (up to 175 tons per hour) Hourly Rate $ 35.00 Shoring Equipment Daily Rate Beam W14 x 89 x 30' Length $ 15.40 Beam W14 x 89 x 40' Length $ 19.00 Beam W14 x 102 x 40' Length $ 20.50 Beam W14 x 120 x 40' Length $ 22.00 Beam W14 x 145 x 40' Length $ 27.00 Beam W14 x 176 x 40' Length $ 33.00 Plates 5' x 8' x 1" Thick (non-treated) $ 6.00 Plates 6' x 10'x 1"Thick (non-treated) $ 7.00 Plates 8' x 10'x 1" Thick(non-treated) $ 8.00 Plates 8' x 15' x 1" Thick (non-treated) $ 12.00 Plates 8' x 20' x 1" Thick (non-treated) $ 13.00 Manhole Shoring Boxes- 8' x 8' x 8' high (steel) $ 80.00 Manhole Shoring Boxes- 8' x 10' x 10' high (steel) $ 110.00 Trench Boxes- 6' x 20' (steel) $ 80.00 Trench Boxes- 8' x 20' (steel) $ 110.00 Trench Boxes-4' x 24' (steel) $ 85.00 Trench Boxes- 6' x 24' (steel) $ 125.00 Trench Boxes- 10' x 24' (steel) $ 205.00 Hydraulic Speed Shores 28" to 46" - 3' Rail $ 27.00 Hydraulic Speed Shores 28" to 46" - 5' rail $ 28.00 Hydraulic Speed Shores 28" to 46" - 7' Rail $ 29.00 Hydrualic Speed Shores 34" to 55" - 5' Rail $ 30.00 Hydraulic Speed Shores 52" to 88" - 5' Rail $ 40.00 Hydraulic Z Shores 52" to 88" Single Ram - 5' rail $ 40.00 Hydraulic Z Shores 52" to 88" Double Ram - 5' Rail $ 60.00 Hydraulic Speed Shore Accessory- Hand Pump & Release Tool $ 30.00 Hydraulic 55" to 88" Single Ram - 2' Rail $ 35.00 Plywood 4' x 8' Sheet 1 1/8" Thick $ 8.00 Timbers 4" x 12" x 10' Long (TYP) $ 15.00 Updated 06/06/2018 CONFIDENTIAL Page 6 of 8 Proprietary Information W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Sweepers & Brooms Hourly Rate Broom /Sweeper- Self Propelled $ 38.00 Power Broom / Power Sweeper (Walk Behind) Daily Rate $ 45.00 Traffic Control Equipment Daily Rate Arrow Board (Solar) Hourly Rate $ 15.00 Barricade - ADA Compliant Pedestrian Type $ 3.00 Barricade Flasher (LED Barricade Light) $ 1.00 Barricade -Type I (Pedestrian Type - Plastic) $ 1.00 Barricade -Type ll $ 2.00 Barricade - Type Ill $ 3.00 Delineator/ Traffic Cone $ 1.00 Chain Link Fence Panel 6' x10' w/ Feet $ 7.00 Crash Barrels (various sizes) $ 4.00 K-Rail 20' length $ 7.00 Message Board - Programmable 4' x 8' Hourly Rate $ 25.00 Ramp Pedestrian Type (Bariatric Panel Ramp) $ 20.00 Rumble / Rock /Tire Cleaning Plates 8' x10' $ 10.00 Traffic signs 30" x 30" $ 5.00 Trailers Hourly Rate Trailer - Enclosed Type 12' Long Enclosed (Dig-Up) $ 20.00 Trailer- Enclosed Type 18' Long (Emergency Response) $ 22.00 Trailer- End Dump Type (40,000 LB Max Capacity) $ 15.00 Trailer- Flatbed / Platform Type 48' Long $ 31.00 Trailer- Low Boy Type Heavy Haul - 88,000 LB Max. Capacity $ 31.00 Trailer- Pipe Hauler Type - 14' length $ 12.00 Trailer- Reel Type - 514" x 9' (Single Reel) $ 5.00 Trailer-Tilt or w/Rams Type - 10, 000 LB Max. Capacity ( for Asphalt Rollers) $ 10.00 Trailer- Tilt or w/Rams Type - 19,000 to 20,000 LB Max Capacity ( for Asphalt Rollers) $ 12.00 Trailer-Tilt or w/Rams Type - 36,000 to 40,000 LB Max Capacity ( for Various Equipment) $ 15.00 Trailer- Utility Type /Tool Hauler 1,600 LB Max Capacity $ 6.00 Trailer- Utility Type /Tool Hauler 3,000 LB Max Capacity $ 7.00 Trenchers & Conveyor Hourly Rate Trencher Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00 Conveyor for Vermeer DT 655 Trencher (24" Width) $ 70.00 Trucks Hourly Rate Truck - Bobtail / Flat Bed Dump $ 65.00 Truck - Bobtail Dump (Paving) $ 70.00 Truck -Ten Wheel Dump (8 CUYD Cap for Dirt) $ 82.00 Truck - Super 10 Dump (10 CUYD Cap for Dirt) $ 92.00 CONFIDENTIAL Updated 06/06/2018 Proprietary Information Page 7 of 8 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Trucks (continued) Hourly Rate Truck- End Dump (13.5 CUYD Cap for Dirt) $ 105.00 Truck- Fuel & Lube (80,000 GVWR) $ 80.00 Truck- Low Bed Haul w/Trailer (88,000 LB Max Haul Capacity) $ 95.00 Truck- Mechanics Type w/400 LB Lift Crane & Welder $ 50.00 Truck- Mechanics Type w/5,000 LB Lift Crane & Welder $ 65.00 Truck- Mechanics Type w/ 14,000 LB Lift Crane & Welder $ 75.00 Truck- Pick-up Truck/SUV/Van $ 25.00 Truck-Service Type (F-350, F-450 & F-550) $ 39.00 Truck-Service Type for Paving F-550 w/ 185 CFM Air Compressor $ 50.00 Truck-Service Type F-550 w/Welder(500AMP) /Compressor (60 CFM) $ 45.00 Truck-Stakebed Type - 11'to 16' Bed Length $ 40.00 Truck-Water Type 2000 Gallon $ 42.00 Truck-Water Type 2500 Gallon $ 45.00 IVactor Trucks Hourly Rate Vactor Truck/Potholing Rig (800 Gallon) $ 150.00 Water Pumps Daily Rate Water Pump Submersible Type, Electric Powered 2" w/25'of Suction Hose&50'of Discharge Hose $ 60.00 Water Pump Submersible Type, Electric Powered 3" w/25'of Suction Hose& 50'of Discharge Hose $ 85.00 Water Pump Submersible Type, Electric Powered 4" w/25'of Suction Hose & 50'of Discharge Hose $ 135.00 Water Pump Trailer Mounted, Diesel Powered 6"w/25'of Suction Hose&50'of Discharge Hose $ 265.00 Water Pump Trash Type, Electric/Gas/Air Powered 2"w/25'of Suction Hose&50'of Discharge Hose $ 60.00 Water/Fuel Tanks &Towers Daily Rate Dewatering Sediment Tanks (1,000 Gallon Capacity) $ 10.00 Frac Tank- Crown 508-Towable Unit Hourly Rate $ 10.00 Fuel Tank- 1,000 Gallon (Dual Containment) $ 16.00 Fuel Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 10.00 Water Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 10.00 Water Tower -Towable Unit (Up to 12,000 Gallon) $ 100.00 Welding Equipment Hourly Rate Band Saw- Portable 4" x 4" max cut $ 10.00 Plasma Cutter $ 20.00 Welder 200 AMP $ 17.00 Welder 300 AMP $ 18.50 Welder 300 AMP Tig Machine $ 18.00 Welder 500 AMP $ 20.00 Weld Rig for Rig Welder (includes fuel/wet rate) $ 35.00 CONFIDENTIAL Proprietary Information Updated 06/06/2018 Page 8 of 8 EXHIBIT "C" SAMPLE TASK ORDER FORM CITY OF SAN JUAN CAPISTRANO TASK ORDER Task Order No. Agreement: On-Call Maintenance & Repair Services Contractor: W A Rasic Construction Company, Inc. The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $ .00 Completion Date: , 20_ The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN JUAN CAPISTRANO W A Rasic Construction Company, Inc. Dated: Dated: By: By: Issued in two(2)original THE FINAL PREMIUM Is 9 PREDICATED ON THE Bond No.24236278 counterparts. FINAL CONTRACT AMOUNT Premium:$324.00 EXHIBIT "D" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed January 28 , 2019, has awarded to W. A. Rasic Construction Company hereinafter designated as the "Principal," a contract for the work described as follows: On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 28 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Forty-Five Thousand Dollars ($45,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of January , 2019. (Corporate Seal) W.A.Rasic Construction Company,Inc. Contractor/ Pri '. By Title Peter L. Rasic, President 23 Fr8 ZdI°l R{-2019- 07 Liberty Mutual Insurance Company (Corporate Seal) Surety By Arturo Ayala, Attom- n-Fact Title Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On January 28 ,2019, before me, Shaunna Rozeile Ostrom , Notary Public, personally appeared Arturo Ayala , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . SHAUNNA ROZELLE OSTROM W ESS my hand and official seal. COMM.#2159617 ,, c ' �` Public-California t r•-,: Notary a wjj ORANGE COUNTY tit,C' x,Y My Comm.Expireslu111,2020 1 Shzeile Ostrom 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 1 Individual 1 i Corporate Officer Payment Bond Title(s) Title or Type of Document u Partner(s) 1 Limited Two 1 General Number of Pages pc Attorney-In-Fact f Trustee(s) January 28,2019 II Guardian/Conservator Date of Document I.1 Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above Bond No.24236278 This Power of Attorney limits the acts of those named herein,and they have no authority to dimi- ..., bind the Company except in the manner and to the extent herein stated. .' : '- Liberty rr Liberty Mutual Insurance Company 1� ' Mutual. The Ohio Casualty Insurance Company Certificate No:8200308-969561 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Arturo Ayala,Daniel lluckabay,Frank Morones,Dwight Reilly,Shaunna Rozelle Ostrom all of the city of Orange state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and delver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of January , 2019 . Liberty Mutual Insurance Company 0.1NSU� ..41v INS,'�y� ,t$Suq, The Ohio Casually Insurance Company � Poq,�.g0 g`S�o*P�rs`Y G� POA.zA y0 West American Insurance Company ?. S d' o (° U 3 0 w 3 0 c. co 1912 n c 1919 r, s 1991 n r: t t -s ` 4,-.a a �� H y d,4ncM,�t Ja O�hw7. ,,a �8 �N„:„. �a i' C N 4j? . het 9A'l r 1�� -'�,tf • F� By: I ql c David M.Carey,Assistant Secretary ca E Slate of PENNSYLVANIA -0 arz= County of MONTGOMERY ss W a" to w as On this 16th day of January , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o Company,The Ohio Casually Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes o co m > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Lu IN WITNESS WHEREOF, have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. r E v CO Vl gyp, PAST O M O N �' y,. 4, COMMONWEALTH OF PENNSYLVANIA Q N` /w V I. 'r T�tisa NotaiNO Sever /�'w''I! �/,'j//j {/_, '52 O 4) Upper Mmio°1 Ybnloommy Coven By:t�� t 0)ca C �l� MYC aPAMI on MAlcA 2A 2021 J v+ erase Pastella,Notary Public o rn 01— R}}'w pos.f. M..en a,',mayhem,Afoot: k.of Noumw a O co fid 01 rA0 I o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company,Liberty Mutual.5o o, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: `o d E ai ARTICLE IV-OFFICERS:Section 12,Power of Attorney. .. m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the' c >. President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such "O° Zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the E era provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c°O ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 8,- Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, H shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surely obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of January . 2019 by INSU,pt. J''.004,14 INS, t$SUg4 J 3c..004,7+. yJ °vu0Uy4e VP 4p.Po,i 4, te''( , * a to 3 o m w ? o m .� r *1912,c'� s,+ 191904 s 0 < 1991 o By: �fl�+• r,4'.c * a r,tiNA t:me.,a YS,M Nom Foam Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OC IC WAIC Multi Co 362018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityvalidityof that document. State of California County of Los Angeles On 02/23/19 before me, Tanya C. Romero, Notary Public (insert name and title of the officer) personally appeared Peter L. Rasic who proved to me on the basis of satisfactory evidence to be the person(*)whose name(R) is/4116 subscribed to the within instrument and acknowledged to me that he/ hey executed the same in his/fUrtMit authorized capacity()), and that by his/bedbT it signature(*) on the instrument the person(*), or the entity upon behalf of which the person(R) 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. • r TANYA C.ROMERO WITNESS my hand and official seal. Commissionr`�. Commission 0 2118257 :' i' Notary Public•Celllornle z _ V.:14 Los Angeles County Comm.Ex Tres Jul 4, 2019 Signature (Seal) ACO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD"YYY) 5/2/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Commercial Associates Insurance (aHONN Fxtr (714)524-4949 (A/C Nol: (714)524-4900 1594 N. Batavia Street E-MAIL ADDRESS: Orange, CA 92867 INSURER(S)AFFORDING COVERAGE NAIC# INsuIeERA:Travelers Indemnity Co of CT 25682 INSURED INSURER B Allied World Assurance Co. 19489 W.A. Rasic Construction Co. , Inc. INSURER C:Travelers Prop Cas Co of Amer 25674 4150 Long Beach Blvd. INSURER D: Long Beach, CA 90807 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PR ( RENTED PREEMISMIS ES(Ea occurrence) $ 300,000 A CLAIMS-MADE X OCCUR X Y DT22-CO-8670X247-TCT-18 5/1/2018 5/1/2019 MED EXP(Ary one oerson) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENII_AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP ADD_ $ 4,000,000 -7 POLICY X PROT- JFCLOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED x y DT-810-8670X247-TCT-18 5/1/2018 5/1/2019 BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS - AUTOS (Per accident) Uninsured motorist combined $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED X RETENTION$ 5,000 0310-1155 5/1/2018 5/1/2019 $ C WORKERS COMPENSATIONY WC STATU- OTH AND EMPLOYERS'LIABILITY �,/N X TORY I IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED, N N/A 7/1/2017 7/1/2018 DTJUB-3929R99-5-17 (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes.describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Operations usual to the named insured. 2018 On-Call Water, Storm Drain and Sanitary Sewer Maintenance and Repair Services Agreement - The City of San Juan Capistrano, its officials, officers, employees, agents and volunteers are added as additional insured including primary wording & waiver of subrogation where required by written contract as respects general liability & auto per attached CGD246 8/05, CGD316 11/11, CAT353 2/15 & CAT474 2/16. Blanket waiver of subrogation where required by written contract as respects workers compensation per attached WC 99 03 76 (A)-001. 30 days notice of cancellation except 10 days for non-payment. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Juan Capistrano Attn: Steve May, Director of Public Works and Utilities AUTHORIZED REPRESENTATIVE 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ► • ACORD 25(2010/05) ©1 88-2011 ACORD►ORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registe ed ks of ACORD______) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a in- receive written notice of the claim or"suit" as Person or organization as an additional sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured O Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g, through n. do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured;and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I—Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 1611 11 ©2011 The Travelers lndemn ty Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or "advertising injury" arising out of such op that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited ii- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or"advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. liticai subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the"occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica ble only after the "occurrence" or offense cape of"pollutants"which contains a requirement that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence" or offense is known by: O BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.AH rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental merit to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY— RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily leted. injury"in the DEFINITIONS Section: Page 6 of 6 02011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS 0 BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- 0 BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered"auto" you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- l. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of 0 BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc with its permission. • COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 c 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5.Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos signed organization, that is Liability Coverage, but only for damages to which gby youbefore and "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory, conduct of another"insured". CA T4 74 02 16 ®2016 The Travelers Indemnity Company.All rights reserved, Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06163 ENDORSEMENT WC 99 03 76 ( A)— 001 POLICY NUMBER: (DTJUB-3929R99-5-17) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 01.000 °f° of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 07-05-17 ST ASSIGN: Page 1 of 1 AC�� DATE(MM/DDIYVVV, CERTIFICATE OF LIABILITY INSURANCE 5/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). £7 r' r 'VI:"7) CONTACT PRODUCER NAME. _.— Commercial Associates Insuranc Irk (714)524 4949 FAX (714)524-4940 ,.J I HI I c 9 n� i 1� MAxo Fxt, (AIC.NdI: 1594 N. Batavia Street ADDRESS. Orange, CA 92867 CITY CI. }` INSURER(S)AFFORDINGCOVERAGE NAICe ..inuRERa:Travelers Prop Cas Co of Amer 25674 INSURED O i•'% J • INSURER B W.A. Rasic Construction Co. , Inc. INSURERC 4150 Long Beach Blvd. INSURER D. Long Beach, CA 90807 INSURER E_ _INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JNSR WVD POLICY NUMBER (MMIDD/YYYYI (MMIDD!YYYYl, LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE n OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY S ~- GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY n 78: El LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED - SCHEDULEDBODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accitlent) —� _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S A WORKERS COMPENSATION X I WC STATUS I I0TH- AND EMPLOYERS'LIABIUTY TORY!IMITS f FR Y/� ANY PROPRIETOR/PARTNER/EXECUTIVE�N E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED'/ Fin N/A 183-71(520785-18-26-G 7/1/2018 7/1/2019 (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under DEOPERATIONS Of P„EF3� S.b IONelow _ E L DISEASE-POLICY LIMIT $ 1,000,000 L DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES (Attach ACORD 101.Additional Remarks Schedule,i1 more space is required) Re: Operations usual to the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE ‘-----T>);,;;Z° , ACORD 25(2010/05) ©19 -2010 A RD CORPORATION. All rights reserved. INS025 '= The ACORD name and logo are register maftks ACORD , Issued in two(2)original THE FINAL PREMIUM IS Bond No.24236278 PREDICATED ON THE counterparts. FINAL CONTRACT AMOUNT Premium:$324.00 EXHIBIT "D" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed January 28 , 2019, has awarded to W. A. Rasic Construction Company hereinafter designated as the "Principal," a contract for the work described as follows: On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 28 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Forty-Five Thousand Dollars ($45,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement .4 •* , pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of January , 2019. (Corporate Seal) W.A. Rasic Construction Company, Inc. Contractor/ Prin '•. By Title Peter L. Rasic , President 23 Feb' 2d1cr 12-14-2oP9- 7 Liberty Mutual Insurance Company (Corporate Seal) Surety By i Arturo Ayala, Attorne n-Fact Title Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On January 28 12019, before me, Shaunna Rozelle Ostrom , Notary Public, personally appeared Arturo Ayala , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,E. ° SHAUNNA ROZELLE OSTROM I . NESS my hand and official seal. ' '. ": COMM.#2159617 M NoblicCalifornia (4,(2) ' �''�"�' My Comm.ExpiresJul 11,2020 Si. -, :%..'i` ShRozelle Ostrom 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Payment Bond Title(s) Title or Type of Document Partner(s) I Limited Two I General Number of Pages x Attorney-In-Fact Trustee(s) January 28,2019 Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above Bond No.24236278 This Power of Attorney limits the acts of those named herein,and they have no authority to or bind the Company except in the manner and to the extent herein stated. 1$,•:�. Liberty /r� 7�� Liberty Mutual Insurance Company Is_ % LVlutual�, The Ohio Casualty Insurance Company Certificate No:8200308-969561 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Arturo Ayala,Daniel Huckabay,Frank Morones,Dwight Reilly,Shauna Rozelle Ostrom all of the city of Orange state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of January , 2019 Liberty Mutual Insurance Company '.(191 ,,, , ostigq ' INi'- `, 1NSUgq The Ohio Casualty Insurance Company ?r,°0.P°Ryr:'l% ceoonr o"r,,,q2 .VP rpa,'OR,,,yr+ West American Insurance Company >, O 7 i 191 0 p 1919 n g 1991 0 j� �. q 0 z O Q O l I 4. c David M.Carey,Assistant Secretary . -m State of PENNSYLVANIA ami 7 County of MONTGOMERY ss as 22rn o ru On this 16th day of January , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes m I- at> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. v w 0=o= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a,a N•,3 sr, PAsr oO O'a ct` oNw •',,,, COMMONWEALTH OF PENNSYLVANIA Q Q per y0p Notest ..Seat itilh) 0 0 N OF Teresa Pastel.,Notary Public I no O ,�, Upper MenonTwp.,Montgomery County By: C C fp �Q' My Commission Expires March 28,2021 : >r y My,.�, eresa Pastella,Notary Public o ca co(n ,...C7p4 v.. Member,Permsytvanw Association of Notaries d O as N D w This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w°' o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o m 0`ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. w Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the m -o 6, President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o c03 i any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall 2V,-, have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such °O Z'5 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the E Pi provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o i ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. fJ m Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of January , 2019 14.tNsu'ptq SSV ims& a[NSL 0 10 ($ 1912� � ; a 1919� � :1991 ....;;K-1,4444r--- a'-',.04%....117/:a 56:1`,A.0.0.4!,1 k By: g �s,�M°*"�aaa Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 02/23/19 before me, Tanya C. Romero, Notary Public (insert name and title of the officer) personally appeared Peter L. Rasic who proved to me on the basis of satisfactory evidence to be the person(,.) whose name(x) is/Jt) subscribed to the within instrument and acknowledged to me that he/t82y executed the same in his/W04)0his/W04)0 authorized capacity()N), and that by his/t){( it signature() on the instrument the person(,), or the entity upon behalf of which the person(x) 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. TANYA C.ROMERO WITNESS my hand and official seal. commission 12118257 t4t '<•?' Wiry Public•California = z \-1:1"/ Los Angeles County f•• _ Comm Exires Jul 4,_20_194 Signature qt, - (Seal)