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Hardy & Harper Inc (2009) Second Amendment to Agreement between The City of Rancho Palos Verdes and Hardy and Harper, Inc. This agreement is the second amendment to the Roadway Maintenance Project between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc. ("CONTRACTOR"), dated May 5, 2009 ("Agreement"). This second amendment is retroactively effective as of July 1, 2015, and is being made to extend the term of the Agreement for one fiscal year. Section 1. Section 1 of the Agreement is hereby amended to read as follows: "Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Roadway Maintenance for Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and Specifications, incorporated herein by this reference, including miscellaneous appurtenant work. All work completed under this Agreement shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the 2009 edition of The Standard Specifications for Public Works Construction, which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any of the above-referenced documents, the terms of this Agreement shall be controlling. This Agreement shall commence on July 1, 2009, and shall expire on June 30, 2016, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there is one (1) one-year option to extend the Agreement for FY2016-2017 with the mutual written consent of both parties." Section 2. Section 9 of the Agreement is hereby amended to read as follows: "Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from July 1, 2009, through June 30, 2016. Each July 1st, the prices may be increased by the Producer Price Index for Finished Goods for Los Angeles." Section 3. Except as expressly amended by this amendment to the Agreement, all other provisions of the Agreement shall remain in full force and effect as written in the Agreement. Page 1 of 2 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of March 1, 2016. CITY OF RANCHO PALOS VERDES ("CITY") By: • Mayor ATT E . • (4B : It .07/#4�f By: � City Clerk HARDY AND HARPER, INC. ("CONTRACTOR") Signature: 9 Printed Name: Steve Kirschner Title: Vice President Signature: 11/1POD Printed Name: Kristen Paulino Title: Corporate Secretary Page 1 of 2 111114111 First Amendment to Agreement between The City of Rancho Palos Verdes and Hardy and Harper, Inc. This agreement is the first amendment to the Roadway Maintenance Project between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc. ("CONTRACTOR"), dated May 5, 2009 ("Agreement"). This first amendment is retroactively effective as of July 1, 2014, and is being made to extend the term of the Agreement for one fiscal year. Section 1. Section 1 of the Agreement is hereby amended to read as follows: "Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Roadway Maintenance for Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and Specifications, incorporated herein by this reference, including miscellaneous appurtenant work. As of July 1, 2014, any portion of the incorporated Plans and Specifications regarding roadway repair work in the landslide area on Palos Verdes Drive South is omitted from the scope of service for this Agreement, and Contractor shall no longer complete that particular work under this Agreement. All work completed under this Agreement shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the 2009 edition of The Standard Specifications for Public Works Construction, which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any of the above-referenced documents, the terms of this Agreement shall be controlling. This Agreement shall commence on July 1, 2009, and shall expire on June 30, 2015, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there are two(2) one-year options to extend the Agreement for FY2015-2016 and FY2016-2017 with the mutual written consent of both parties." Section 2. Section 9 of the Agreement is hereby amended to read as follows: "Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from July 1, 2009, through June 30, 2015. Each July 1st, the prices may be increased by the Producer Price Index for Finished Goods for Los Angeles." Section 3. Except as expressly amended by this amendment to the Agreement, all other provisions of the Agreement shall remain in full force and effect as written in the Agreement. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of August 19, 2014. CITY OF RANCHO PALOS VERDES ("CITY") By. Mayor ATTEST;. By: /,, 11 City Clerk HARDY AND H A 'PER, INC. ("CONT' A 4 ' ) ` Signatur. �/ Printed Name: Steve Kirschner Title: Vice President Signature: 444 Printed Name: Kristen Paulino Title: Corporate Secretary Page 2 of 2 a CITY OF RANCHO PALOS VERDES CONTRACT FOR: Roadway Maintenance for Fiscal Years 2009—2010 through 2013-2014 THIS AGREEMENT is made and entered this 5" ' day of May, 2009,by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City" and Hardy&Harper, Inc., hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference, and WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the Proposal, and WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility; NOW, THEREFORE,the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Roadway Maintenance for Fiscal Years 2009—2010 through 2013-2014,as described in these Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications,and in accordance with the latest edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America,document entitled"Standard Specifications." In the event of any conflict between the terms of this agreement and any of the above-referenced documents,the terms of this agreement shall be controlling. The term of this contract shall be five (5) years with up to three (3) mutually agreed one (1)year extensions. 2. Compensation. In consideration of the services rendered hereunder,Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal,attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. 3. Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor is,for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against City. 4. Assignment. This agreement may not be assigned by Contractor,in whole or in part,without the prior written consent of City. 5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor,City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. t T ♦ 1 6. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 7. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare,vacation,pension and similar purposes applicable to the work to be done. This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request. The Contractor to whom the contract is awarded,and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract. This contract is subject to the provision of Article 1.5 (commencing at Section 20104)of Division 2,Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor,for the response to such claims by the contracting public agency,for a mandatory meet and confer conference upon the request of the contractor,for mandatory non-binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 8. Suit;Recovery of Attorney Fees&Costs. Should either party bring any action to protect or enforce its rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys fees and court costs. 9. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from July 1, 2009 through June 30, 2010. Each July 1 the prices shall be increased by the Producer Price Index for Finished Goods for Los Angeles. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY OF ' HO PALI( P E ,.: I By: Chairman ATTEST: / , / By: / �" ity Clerk CONT'�� ��.�I� :y, arpe Inc,spit By: Ste e K ir s. Wer Vice P r e s id en t l • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Ora tore me Date Here Insert Name and Title of the Officer June 2 02009 Jo-Ann Lyons, Notary Public personalty pp Name(s)of Signer(s) Steve Kirschner who proved to me on the basis of satisfactory evidence to be the person")whose name( is/ subscribed to the within instrument and acknowledged to me that he/fie/My executed the same in his/ker/tksir authorized capacity(i.), and that by his/kor/tangr signature():on the instrument the person(4), or the entity upon behalf of which the person{) acted, executed the instrument. 4JO-ANN LYONS °" f°r 4 - COMM.#1841329 r: I certify under PENALTY OF PERJURY under the laws U _ 1. , Notary Public-California of the State of California that the foregoing paragraph is 4 ORANGE COUNTY :. g g My Comm.Expires Apr.17.2013 ( true and correct. WITNESS '-nd and o • 'al seal. Signature '— Place Notary Seal Above Signature of Notary ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Document Date: Number of Pages: Signer(s) Other Than Named Above: June 2, 2009 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual lc Corporate Officer—Titletsve Kirschner ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ GeneralR CPTTHIIMRPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF Siuivci i ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. _ •�.•�:•�:•�.•�.�.•�`•�•�•.��'���� 4\�4�,4�✓4�✓4\✓•�4�,�•.•\.',• ••.\!,.\!4\ % ..' t\ . "4\t •\_,• •\_.�•.•\.•�.•�. ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. By a Corporation. The name of the corporation must be set forth,followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. STATE OF ) ) SS. COUNTY OF ) On , 19 , before me, the undersigned, appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776,and(3)inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars($25)for each worker employed in the execution of the contract by the Contractor or by any subcon- tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I/- ill comply with s h provisions before commencing the performance of the work Air-co?,rac ." Date �\bCk Signature Steve Kirsc 1 — Vi e President • . • • Bond No. 0495252 PAYMENT BOND EXECUTED IN DUPLICATE PREMIUM INCLUDED ON (LABOR AND MATERIALS) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Hardy& Harper, Inc.. 1312 E. Warner Ave..Santa Ana,California 92705("Principal"), (Name and address of Contractor) a contract(the"Contract")for the work described as follows: Roadway Maintenance for Fiscal Years 2009—10 through 2013-14 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and INTERNATIONAL FIDELITY INSURANCE COMPANY 13400 SABRE SPRINGS PARKWAY,SUITE 270,SAN DIEGO,CA 92128-4198 (Name and address of Surety ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND SIX HUNDRED SEVENTY Dollars($ 559,670.00 ), this amount being not less than fifty percent (50%) of the total contract price, in 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 1S SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any 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 from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. • Further,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of 1 • • 1 each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: MAY 29TH,2009 "Principal" "Surety" HARDY&HARPER, INC. INTERNATIONAL FIDELITY INSURANCE COMPANY _I / dr" Ffff . ;AP , " By: By. Its Steve Kirschner'-Vice- P'es, Its DWIGHT REILLY ATTORNEY-IN-FACT By: c By: Its Kri ten S. Paulino Its Corporate Secretary (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON&GERSHON - A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Mote: This bond must be executed In duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. Bond No. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • ., .. • ,,......,... ,A- •J,, ,,J .a.-va'A Jr...• -A '- .A..AA.• . � A - : . s.vs,',,A./Y� A�- .. State of California County of Orange On June 2,4'4)09 before me, Jo-Ann ��/Qns, Notat''�/ Pl,hlic , i-U Insert Name and title of the Officer personally appeared Steve. Kirschner Name(s)of Signer(s) Kristen S. Paulino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)mare subscribed to the within instrument and acknowledged to me that Iits1't/they executed the same in kalinetheir authorized capacity(ies), and that by kisiWtheir signature(s) on the instrument the person(s), or the entity upon behalf of f which the person(s) acted, executed the instrument. °`'M JO-ANN LYONS . ,:, COMM.#1841329 / I' ~: Notary Public-California I certify under PENALTY OF PERJURY under the laws j ORANGE COUNTY of the State of California that the foregoing paragraph is My Comm.Expires Apr.17.2013 ore 9 9 ' true and correct. WITNESS ond and ' ial seal. Signature AO Place Notary Seal Above Signature of Nota Public OPTIONAL 0 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Labor and Material Payment Bond Title a- Type of Document: Document Date: May 29, 2009 Number of Pages: 2 - " Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen S. Paulino ❑ Individual ❑ Individual 7 Corporate Officer—Title(s): •Vice President gCorporate Officer—Title(GO-p.Secretary ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Represent Hardy&Harper, Inc. �t �',y�.a,,a►:,ai•- ,w,ar,w•W.-- y.- - �+-W.W.•y► y..-;19"•W•;2107,W• .y ,'W•a,y a'-W•-47 a''W •J" a'--Ji w •J'.tom W.-✓-•,.Y.u•"/,-ui ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827 • ACKNOWLEDGMENT State of California County of ORANGE ) On MAY 29th,2009 before me, ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(e)whose name(s) is/te=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his authorized capacity(ies), and that by his/her/their signatures) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �;_\.� ALLISON RITTO Commission # 1824932 Z , . 0 Notary Public California z Orange County My Comm.Expires Dec 23,2012 Signature (Se A LISON RITTO . .. . 1 , . .. , . . . . . 40 ,...- . Tel(973)62 -72° . . . . • OWER OF ATTORNE1P • . • °. . . INTERNATIONAL FIDELITY INSURANCE COMPANY • HOME OW!CE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 • KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint _.,...•.„.....................„......„.........._.•„„,............—.,........-..........,......••••••••......•.....•..,.....,..w.........•.........•.•....................„..,•.......•...•.••.....••••:.•.....•....•••.••..,•....••••••••••••••,.•••••••...•••••.••.••••••.••••••••• •• '...: DWIGHT REILLY, HAL DUECK -•-: . : • • • Anaheim Hills,CA. .•••• its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory.m the nature thereof,which are or may be allowed,required or permitted by law,stature,rule,revlanon,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ,WY/49 IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be k• signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007. 4' s#*"1'4/b t INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL Ilt c's cm rin STATE OF NEW JERSEY bals. a° 19°4 t csel County of Essex Secretary On this 16th day of October 2007,before me came the individual who executed the_preceding_imstniment,to me personally known,and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY IN CE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. bliA Flo& IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, ,,- vio...• at the City of Newark,New Jersey the day and year first above written. ,_441 ,....vg) NOTARY ''c-. *--) PUBLIC -JEfk A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the . Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect • - . IN TESTIMONY WHEREOF,I have hereunto set my hand this 29th • day of May 2009 . . Anat./ dPit.-ei3L- • •• • • • • Assistant Secretary ....: . . . . . . . . • . • EXECUTED IN DUPLICATE BOND#0495252 PERFORMANCE BOND PREMIUM:$4,178 PREMIUM IS FOR CONTRACT TERM KNOW ALL PERSONS BY THESE PRESENTS that: AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Hardy& Harper. Inc., 1312 E. Warner Ave.,Santa Ana,California 92705 ("Principal"), (Name and address of Contractor) a contract(the"Contract")for the work described as follows: Roadway Maintenance for Fiscal Years 2009—10 through 2013- 14 WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and INTERNATIONAL FIDELITY INSURANCE COMPANY 13400 SABRE SPRINGS PARKWAY,SUITE 270,SAN DIEGO,CA 92128-4198 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND SIX HUNDRED SEVENTY Dollars(5 559,670.00 ------- ),this amount being not less than the total contract price,in 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 the hereby bounded Principal,his,her or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers, agents,and others as therein provided, then this obligation shall become null and void; otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time,alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time, alteration,addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: MAY 29TH,2009 "Principal" "Surety" HARDY&HARPER, INC. INTERNATIONAL FIDELITY INSURANCE COMPANY By: :1" Its Steve s-chner—Vice Pres. Its DWIGHT REILLY ATTORNEY-IN-FACT By: t. tt I l Br Its Kri en S. Paulino Its Corporate Secretary (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .A • • �A�A �J.JL�:A�A��A� 'A' \- • J • State of California County of Orange 9 OnJLIn 2 before me, Jo-An D� m-r4 t NM ��ttl Titll t'officer personally appeared StcYGATIFOcArs) Kristen S. Paulino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4i/are subscribed to the within instrument and acknowledged to me that l /they executed the same in 1M/1R/their authorized capacity(ies), and that by Jllt/M/their signature(s) on the instrument the person(s), or the entity upon behalf of I.- - - - - - which the person(s) acted, executed the instrument. JO-ANN LYONS COMM.#1841329 r; •: ,o Notary Public-C 0rn ; I certify under PENALTY OF PERJURY under the laws ORANGE COUNTY of the State of California that the foregoing paragraph g 9P h is 9 P ^,•., 4y* My Conn.Expires Apr.17.2013 true and correct. WITNESS :nd and o ' i I seal. Signature Place Notary Seal Above Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: May 29, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Steve Kirschner Kristen S Palo ❑ Individual ❑ Individual it Corporate Officer—Title(s): 71Corporate Officer—Title( . Vice President ,rp Secretary ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here ❑Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. Hardy&Harper, Inc. ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth.CA 91313-2402•www NalionaiNNotarv.orq Item d5907 Reorder Call Toll-Free 1-800-876-5827 • ACKNOWLEDGMENT State of California County of ORANGE ) On MAY 29th,2009 before me, ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/tee subscribed to the within instrument and acknowledged to me that heisheithey executed the same in hiskleritheir authorized capacity(ies), and that by his signature(s) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALLISON RITTO Commission# ZtTi2aWffiITNESS my hand and ocial seal. Q�:: �� ��'•�_ Notary Public 2 , Orange County D My Comm.Expires Dec 23,2012 r 1// Signature Si � ' (Seal)9 ALLISON RITTO • Tel(973 624=7200 ) Tel SOWER OF A - INTERNATIONAL FIDELITY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,'NEW JERSEY 07102-5207 KNOW ALL MEN BY'THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint DWIGHT`REILLY, HAL DUECK • • • Anaheim Hills, CA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory.in the nature thereof,which are or may be allowed,required or permitted by law,stature,rule regulation,contract or otherwise and ding upontheNAL FIDELITY INSURANCE the execution of such uzstrument(s) in,pursuance. of these. presents, shall be as bin said IlVTERN�! COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorne is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of y Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Companymay be affixed to any,such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. c,%1T Y/4fi IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be k1 signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007. 4' �O 0 �� y INTERNATIONAL FIDELITY INS CE COMPANY o SEAL � -" 1904 4 STATE OF NEW JERSEY l"" 4 County of Essex ./•;(14)$# 00 _Av <IIIIIIIP°6 4 .!: 117'. — I*/ 4, W Secretary On this 16th day of October 2007,before me came the individual who executed the pp recedin instrument,to mepersonally known,and,being by me duly sworn,:said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. litA R IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. NOTARY U 33 '%44akkIztax....— Nikt.......ilk,N,s,. —7 PUBLIC 'i' � A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersignedned officer of INTERNATIONAL FIDELITY'INSURANCE.COMPANY do hereby certify that I have compared the foregoing copy of the g Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set hand this day of 2009 my �9:1."1.. AtCelb;L -4„..._____, Assistant Secretary • • Insurance Requirements for City of Rancho Palos Verdes Public Works Contract The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and effect,a policy or policies with an insurance company or companies admitted to write insurance in California,or carriers with a rating of,or equivalent to,A:VII by A.M.Best&Company,and approved by the Director of Public Works and City Attorney,with minimum limits of(1)a policy or policies of broad-form comprehensive general liability insurance with minimum limits of$2,000,000.00 combined single limit coverage against any injury,death,lose,or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement,with an aggregate of Five Million Dollars($5,000,000);(2)property damage insurance with a minimum limit of $2,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of$5,000,000.00;and(4)worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law,whichever is greater. The City,its officers,employees,attorneys,and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage,and worker's compensation coverages. 1. All insurance policies shall provide that the insurance coverage shall not be non-renewed,canceled, reduced,or otherwise modified(except through addition of additional insureds to the policy)by the insurance carrier without the insurance carrier giving the City thirty(30) day's prior written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. 2. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 3. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto. C-4