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Hardy & Harper Inc (2012) AMENDMENT NO.3 TO AGREEMENT FOR CONTRACT SERVICES' • THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Hardy & Harper, Inc., a California corporation ("Contractor") is effective as of the 1st day of July, 2017. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated May 15, 2012 ( "Agreement") whereby Contractor agreed to provide all work, labor, materials, equipment, and services for the project identified as Public Works Maintenance Labor For Streets and Rights of Way (the "Services"). B. Pursuant to Section 3 of the Agreement, the term of the Agreement was for three (3) years, ending on June 30, 2015, with an annual not-to-exceed amount of One Hundred Eighty Four Thousand dollars ($184,000), for a total value of S552,000 for the initial term. The Agreement provided for three (3), one-year options to renew, with the mutual written consent of both parties. C. On July 1, 2015, the City and Contractor exercised the first of three one-year options to renew the Agreement("First Amendment"). The term of the Agreement was extended to June 30, 2016. The extended term increased the total value by an additional $184,000, from $552,000 to a total of$736,000. D. On July 1, 2016, the City and Contractor exercised the second of three one-year options to renew the Agreement ("Second Amendment"). The term of the Agreement was extended to June 30, 2017. The Second Amendment included a rate increase from $90.00 per hour to $95.00 per hour for a "Lead Worker, with one stake-bed truck and cellular phone." This increased the total value by an additional $184,000, from $736,000 to a total of$920,000. E. City and Contractor now desire to amend the Agreement("Third Amendment") to exercise the third one-year option to renew the Agreement. The term of the Agreement would extend to June 30, 2018. The Third Amendment includes an annual not-to-exceed amount of One Hundred Ninety Five Thousand dollars ($195,000) for FY 17-18. The hourly rates will remain the same as they were for FY 16-17,but the increase in the not-to-exceed amount accounts for an anticipated increase in the possible hours of service for FY 17-18 from 1936 to 2052. The total value of the Agreement will increase from$920,000 to a total of$1,115,000. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in s hhke through) A. Section 3 of the Agreement, entitled "Term," shall be amended to read as follows: D-1 "Term. This Agreement shall commence on July 1, 2012, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 20.1-72018, unless sooner terminated pursuant to Section 12 of this Agreement. ' . . . , - . one (1) one year option to renew the Agreement with mutual written consent of both parties. Additionally, if not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months Or-until-renewed or until awarded to a new contractor,whichever is less." B. Section 6, of the Agreement, entitled "Compensation," shall be amended to read as follows: "Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not-to-exceed amount of One Hundred Eighty Four Thousand One Hundred Ninety Five Thousand dollars ($195,000)for FY 17-18, in accordance with the prices submitted in Contractor's Proposal, attached hereto as Exhibit"B" and incorporated herein by reference. 2. Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Third Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Third Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Third Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Third Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment. 5. Authority. The persons executing this Third Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to 012030006'384251 2 -2- D-2 execute and deliver this Third Amendment on behalf of said party, (iii) by so executing this Third Amendment, such party is formally bound to the provisions of this Agreement, and(iv) the entering into this Third Amendment does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation 11,Mayor ATTE ' I1. _all olborn, City Clerk APPROVED AS TO FORM: ALESHIRE&WYNDER, LLP ?ge.evc2\(,.Q,: elev,4aGoA:, Kat- Da ime. City Attorney CONTRACTOR: HARDY&HARPER, INC. By: Name: Steve Kirschner itle: Vi.`- sident O.. By: Name: K, isten Paulino Title: Secretary Address: 1312 East Warner Avenue Santa Ana, CA 92705 01203.0006'384251.2 -3- D-3 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each•of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01203.0006384251 2 -4- D-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 May 18, 2018 before me, Vanessa Garcia. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner and Kristen Paulino Name(s)of Signer(s) 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 h1/sOfe/they executed the same in his/hoer/their authorized capacity(ies),and that by his/hzr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VANESSA GARCIA /..•.. COMM.#2151902 Vajr1€_ o"yc . r% Notary Public-California Signature ORANGE COUNTY a Signature of Notary Public �.�„•o' My Comm.Expires May 3,2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Amendment No.3 Document Date: May 18.2018 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen Paulino ©Corporate Officer — Title(s): Vires PrpsirlAnt ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑r Other: Secretary Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc L4�✓4<✓4'✓4�✓.4�✓.4�✓4�.4�.4\✓,•,&•;\ 4\=4�✓.4�✓.4�'✓•4�.4�.G�"✓.4�G�✓4\�4�.4�✓.4�✓.: 4�.4�✓.4�✓.4C✓4 4�.4�✓.4\✓.\✓4<✓.4"✓4'✓4�4v:�.G�.4�✓•4�4�.4�.4�✓.4' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL.CODE § 1189 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 before me, Date Here Insert Name and Title of Officer personally appeared Name(s) of Signer(s) 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. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above 01203.0006;384251.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 before me, Date Here Insert Name and Title of Officer personally appeared Name(s) of Signer(s) 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. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above D-6 01203.0006/384251.2 ., . .. ardy it Harper, Inc. Heza—A24,44, e4007,44,41 SIM E L1C.Number 215952 . • 1112 EAST WARNER AVENUE SANTA ANA,CA 92705 (714)444-1851•FAX(714)444-2801 5/1812017 City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Att: Sean Larvens RE: Public Works Maintenance Agreement for Streets and Right-of Ways Good Afternoon Sean. Hardy & Harper, Inc. agrees to hold unit prices current for the third option year of the "Public Works Maintenance Agreement for Streets and Right of Ways" with a NTE of S195,000. „.... Sincerely. -• ' / / ,.::, ..„ Steve Kirschner Vice President E-1 4 ' Attachment C SECOND AMENDMENT TO AGREEMENT FOR MAINTENANCE SERVICES FOR STREETS AND HIGHWAYS BETWEEN THE CITY OF RANCHO PALOS VERDES AND HARDY AND HARPER, INC. This agreement is the Second Amendment to the maintenance services agreement for streets and highways between the City of Rancho Palos Verdes ("City") and Hardy and Harper, Inc. ("Contractor") dated May 15, 2012 ("Agreement"). This Second Amendment to the Agreement is effective as of July 1, 2016 and is being made to extend the term of the Agreement for one year. Section 1. Section 3 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2012, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2017, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be one (1) one-year option to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." Section 2. Section 6 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not-to-exceed amount of One Hundred Eighty Four Thousand dollars ($184,000) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and the Contractor's revised cost Proposal, attached hereto as Exhibit "C" and incorporated herein by this reference." Section 3. Except as expressly amended by this Second Amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. 01203.0006/297529.1 C-1 Attachment C IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") By: Mayor ATTEST: / AleBy: City Clerk 01203.0006/297529.1 C-2 f Attachment C HARDY AND PER INC. /i PA / Signature: —rte Printed Name: Steve Kirschner Title: Vice President Signature: 144--d Printed Name: Kristen Paulino Title: Corporate Secretary 01203.0006/297529.1 C-3 t,,,;.�.... �.'.^:z ..�r. c� "e_`tiPeiCtF'9,w•i-�z.d-;-'<.Y: _�... i.;uF;;,sCyr -:ti ;y .. i ...un k •fie." .w "c.'NC".k- -;parr.."'�i.�il wc(io-.Uia'`'�`avra�icrNr.�.,L�a:ly.,.`.o . ardy & Harper Ince r E • c a& 1 '. 12 LAST \VA ;NE R ..`VENUE S A.N Tr'\ ANA., LA 1.0 2 7-I)E [A\ I .'` :11 May 17th, 2016 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 RE: Public Works Maintenance Agreement for Streets and Right-of-Ways Dear Sean, Due to increases in the cost of labor and equipment over the term of the Public Works Maintenance Agreement for Streets and Right-of Ways, Hardy & Harper, Inc. is proposing a 5.5% increase over the original base bid item cost of$90.00 per hour for a Lead Worker, with a stake bed truck and phone. The proposed increase will raise the hourly rate to $95.00 per hour. Thank you, dr* Steve Kirschner--Vice President • • FIRST AMENDMENT TO AGREEMENT FOR MAINTENANCE SERVICES FOR STREETS AND HIGHWAYS BETWEEN THE CITY OF RANCHO PALOS VERDES AND HARDY AND HARPER, INC. This agreement is the First Amendment to the maintenance services agreement for streets and highways between the City of Rancho Palos Verdes ("City") and Hardy and Harper Inc. ("Contractor") dated May 15, 2012 ("Agreement"). This First Amendment to the Agreement is effective as of July 1, 2015 and is being made to extend the term of the Agreement for one year. Section 1. Section 3 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2012, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." Section 2. Except as expressly amended by this First Amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") /, By: �� t •ATTEST: / 7//hc By: City Clerk 1845934. 1 t . • HARDY AND HA. i R INC I p4 Signature: , `�• ��J Printed Name: Steve Kirschner Title: ,_Vice President Signature: Printed Name: Kristen Paulino Title: Corporate Secretary 1845934 .1 411 PUBLIC WORKS MAINTENANCE AGREEMENT FOR STREETS AND RIGHTS OF WAY THIS AGREEMENT("Agreement") is made and entered this 15th day of May, 2012, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation("City")and Hardy and Harper Inc. ("Contractor"). In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor,materials,equipment and services in a good and workmanlike manner for the project identified as PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY("Project"),as described in this Agreement and in the Bid Documents(including the Notice Inviting Sealed Bids,the Instructions to Bidders, the General Provisions, the Special Provisions, the Technical Special Provisions, the Proposal,the Exhibits,and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are attached hereto as Exhibit"A"and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. 2. Extra Work. Extra work,when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided.Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor,prepared by the Director of Public Works,and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Term. This Agreement shall commence on July 1, 2012 and shall remain in effect until the tasks described herein are completed to the City's approval,but in no event later than June 30,2015,unless sooner terminated pursuant to Section 13 of this Agreement. Additionally,there shall be three(3)one- year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date,the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six(6)months or until renewed or awarded to a new contractor,whichever is less. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control,including but not limited to acts of God,acts of the public enemy, acts of the Government,fires,floods or other casualty,epidemics,earthquakes, labor stoppages or slowdowns,freight embargoes,unusually severe weather,and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay,its cause and its expected delay,and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder,City shall pay Contractor a not to exceed amount of One Hundred Eighty Four Thousand dollars ($184,000) in accordance with the C- 1 111) prices as submitted in Contractor's Proposal,attached hereto as Exhibit"B"and incorporated herein by this reference. 7. Payments.City shall make payments within thirty(30)days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable,but not later than seven(7)days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However,progress payments shall not be made in excess of ninety-five percent(95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to,or under the control of,the City,and unused.The City shall withhold not less than five percent(5%)of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent(50%)of the work has been completed, if the City Council of the City finds that satisfactory progress is being made,it may,at its discretion,make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City,or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement,the securities shall be returned to Contractor. b. Alternatively,Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City,pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit,or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City,it shall,at the request of any subcontractor performing more than five percent(5%)of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d),which is incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f),which is incorporated herein by this reference. 9. Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit"B." C-2 1110 • 10. Audit.The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally,Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three(3)years after final payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ,involve hazardous waste,or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work,Contractor shall not be excused from any scheduled completion date provided for by the Agreement,but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work,but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes.The disputed work will be categorized as an "unresolved dispute"and payment,if any,shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq.and Rancho Palos Verdes Municipal Code chapter 3.24("Claims Against the City")shall govern the procedures of the claim process,and these provisions are incorporated herein by this reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty(30)days'written notice or by the Contractor at any time with or without cause without penalty upon ninety(90)days'written notice. In the event of termination by the City without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 13. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional Insured Endorsement(Comprehensive General Liability); Additional Insured Endorsement(Automobile Liability);and Additional Insured Endorsement(Excess Liability). 14. Antitrust Claims. Contractor offers and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Sec. 15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods,services,or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 15. Trenching and Excavations. If the project involves trenching more than four(4)feet deep,Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117,that is required to be removed to a Class I,Class II,or Class III disposal site in accordance with provisions of existing law;subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions,and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any C-3 • part of the work,the City shall issue a change order. 16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 17. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished,as to existing conditions,is not guaranteed by the City. Contractor,at its sole expense, must make all investigations necessary to determine locations of existing elements,which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s),utilizing specialized locating equipment and/or hand trenching. 18. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement.Contractor shall have no power to incur any debt,obligation,or liability on behalf of the City,bind the City in any manner,or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes,assessments,penalties,and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 19. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference.Eight hours of labor constitutes a legal day's work. 20. Workers' 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 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take 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." 21. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. C-4 23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 24. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances,codes and regulations in force at the time Contractor performs pursuant to this Agreement. 25. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 26. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement;b)there are no obligations,commitments,or impediments of any kind that will limit or prevent its full performance under this Agreement; c)there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding;and d)to Contractor's actual knowledge,neither Contractor nor its personnel have been convicted of a felony. 27. Conflicts of Interest.Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve(12)months after completion of the work under this Agreement which is or may likely make Contractor"financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 28. Third Party Claims.City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time.City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 29. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,without the City's prior written consent. Any purported assignment without written consent shall be null,void,and of no effect,and Contractor shall hold harmless, defend and indemnify the City and its officers,officials,employees, agents and representatives with respect to any claim,demand or action arising from or relating to any unauthorized assignment. 30. Applicable Law. The validity,interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 31. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees,experts' fees,and other costs, in addition to any other relief to which the party may be entitled. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define,limit or describe the scope or intent of this Agreement or any part of it. 33. Authority.The person executing this Agreement on behalf of Contractor warrants and represents that C-5 411 1110 he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended,nor any provision or breach waived,except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in,or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant,or any default which may then exist on the part of Consultant,and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on(a)the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or(b)on the third business day following deposit in the United States mail,postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. Tom Odom,Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit"B." 38. Counterparts. This Agreement maybe executed in counterpart originals,duplicate originals,or both, each of which is deemed to be an original for all purposes. 39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. C-6 • • IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY • ' • O 'ALOS VERDES Mayor ATTEST: APPROVED AS TO FORM: Ey: &467 LPIOWS-t_ By: City Clerk City Attorney Dated: 5 ("CONTRA TOR") By: 6/ / Printed Name:Steve Kirschner Title:Vice President By: � i�►�X-- Printed Name: Kristen Paulino Title: Corporate Secretary C-7 EMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE This bond was executed in two(2) identical counterparts. Bond hi .0572697 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho 1,419, V rc ("Public Agency"), has awarded to Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 (Name and address of actor) ("Principal"), a contract(the `Contract")for the work described as follows: PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,material men,and other persons as provided by law. NOW,THEREFORE,we, the undersigned Principal,and International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 245, San Diego, CA 92128 (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 One Hundred Eighty Four Thousand and 00/100 Dollars($184,000.00 ), this amount being not less than hundred percent (100%)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 IS 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 CMI 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 tion 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 C-5 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 each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Signed, Sealed and Dated: July 6, 2012 Principal* 'Surety" Hardy & H.rper, Inc. International Fidelity Insurance Company / • By: firPZ . Li1 / ev- . By: Its Dwight Reilly, Attorney-In-Fact Is Kris e S. i au ino By: Corp. Sect. Its (Seal) (SeaO APPROVED AS TO SURETY AND PRINCIPAL AMOUNT APPROVED AS TO FORM: RICHARDS,WATSON&GERSHON A Professional Corporation By: - Insurance Administrator By: Public Agency Attorney Dated: Note: This bond must be executed in duplicate and dated,all signals must be notarized,and evidence of the authority of any person signing as attorney-in4aci must be attached. C-6 • 11, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of a ifornia County of Orange On July 9, 9019 before me, Jo-Ann Lyons, NotarPublic Date Hre Insert Name and Title of the Officer personally appeared Steve Kirshner ame(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)is/are subscribed to the within instrument and acknowledged to me that heslat/they executed the same in Ms/Mr/their authorized capacity(ies), and that by I r/their signature(s) on the instrument the person(s), or the entity upon behalf of • r 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 .nd and ial seal. Signature •i Place Notary Seal Above Signature of Notary blic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: July 6, 2012 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 Corporate Officer—Title(syce President ig Corporate Officer.CDrpititeretary ❑ 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 R Harper, Inc ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toil-Free 1-800-876-6827 ACKNO LEDG MENT State of California County of Orange On July 6, 2012 before me, Susan Pugh, Notary Public . 0 0 (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($whose name(s)isles subscribed to the within instrument and acknowledged to me that hefafitMay executed the same in his/ITN/their authorized capacity(M),and that by his/hEtitheir 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. 1.7 SUSAN PUGH WITNESS myhand and official seal. 42 .. ;: COMM.#1934229 !; � j'r �� Noir,y PLbil..-California z �=�' 1" O-ANGE COUNTY `.- "�°' My Comm.Expires Apr 29;2015 Signature (Seal) Susan Pugh . . ......._ ... ........ .... . .. , ... .... . .. .. .„ _. .. ._. ,.......„,_._ ::.,...,,.... ...„..„. „::.„ :.: ,._.• „„.,....„.:: _...„....,:.,. .,........„.,. .,..,.... ....„ ,.. .,_,.:_:;..... .„._......:, :._..:,:„ ...:.. ....,„ .... .......„._. .,........., -.,.,...,:. .-...__., :.c...:,f.'',..'i"..::(:-;::.!.-.:,:i'......:;:::::.::::::'..11:i....:::::::::::in.:.i.•::::-...,!::•::..:::?::;',.:.%:..,!:;.....f?..$::::',1.•:',-..••..;i:::',..1.;1..1F.;..::::::[':::!.:........i.::'..::1;.• ..::-:...::::;;;,..,::::!::::::...::,'::::.............,i?....,:: :- :•':::::.::'.:..1._:.,,'::'1 :'::::::i:...:::.):.....:::::::::::::...........:;;::::...:::j :.....:,:;::::::;.::........:::,..::: ':::-.....5.....,:1'.,.:::,'.::.„::•,...,...„::'.::,:'.„.::. ::..::.,1...;......,.'::..i:::. ...*:,.::::.,.....i:,..,:-;:.:::....::..::.,...:::?j::.:.; '.i.i::::i:..:::....:.;:;...': : 0140:it: ),;•., 2- ...4 ,.....12 0-...,,,0 .:*.:.....::.. ,;,: ...:..:..::":.:12:::::e.F..:1!;.....::::.".:::::..)...11.....,,.:::.;:i:.:...411110. ...., , ..,••••,„:,::'.....,'•••••:.'.:':*.'.... :...::. .. ,:;.:::'. '',:•-•...„'.Y., ...•;.,..,..7.:.....,:::.•1.::::::1 :',...„.s.,........":::::..:::!„.,..:;::,:::.,....,.......". . ,;.:;;.........1,........:,...,:::::::::..•*.:.,.../..',::,........:i:::::'.• .,.. OWER1!.OF:::::ATTORN .:::.:.:::::.:-.::::•:::::-):::::::-",::::::-:'..:::::..,--- ::::::''.•::: :,::::::.:",....,-.::-.::::::•••,...-:-::::::,::'::::-::::,.:::-::::::-.::::::--,-, ::::::•.:: :::;:::...'.:::.-::::-.:.:::::, .:::::::::::.:,..........:.,.:-........::::-...i::::::=,:::::-.... ,...,....-,::-.J.:-..:-::::...-::::::-:::...,::::::::::::...:.::.:..---..::::::•:::.:,:----:::•:,-;,:iNTERNATIONAL::::.FIDELITtINSURANCE:COMPANY',.::::::......---,.... :.:::::::-..............:...,....-......... ..:::::::::::: .::-.---::::,.:::.:-..-.::.:::-....:.:. -.:-.....:.::. ALLEGHENY::CASUALTY.COMPANY ONE NEWARKCENTERi 20TH..FLOORNEWARK,::NEW JER$ Y:-....0710245207:::: -..:•:,.. :.•- :- 1:..-. :.: :,.: :.:. :•:••::: ....::::•:-::.::: ••• • • • • • • • • .• • • •• • • • • • •• •••. •. • • • • • • , • .........:.:.•-: KNOW ALL. ThatfinE.N.BrTHESE.F.RESENTS::i::..: i...,INTERNATIONAL: FIDELITY- INSVRANCE.COMPANY a corporation:.organized and -existing under' .. :•:- •:.H":-,:•:the.•:laWs•,of....the. :S.tate.of New Jersey,-and ALLEGHENY :CASUALTY. 'COMPANY a corporation organized'and existing underthelaws of the State of PennSylvania,:ihaving::.,ttieir principal office in..the City of Newark,New Jersey,do hereby constitute and appoint . • H:.f.:.:.•••;.. DWIGHT REILLY,:ARTUROHAYALA, DANIEL.HUCKABAY.- •::..: :,.' ..• :- '•::- • - .. • • -:E:.„.:::•:.:..-:::...Orapgq, Q.A,:.: ::..:•::::-H.:::-, :;: -:::.::.::::::::•." .:. :: .:,. ,::::.':•:: :: :• :: :•::',.:: •.:::• . :-:H.,:. ... .. :.• .': :: : .: : • :: their true and laWful attorney(s)-in-fact to execute,Seal and:deliverfor and:onitS behalf as surety,:any and all bonds and,undertakings,:contracts of indemnity andsother.WritingSobligatOry late nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, .:i.:::.: -:••• and the execullOn'Of.:-Such instrUrrient(s)llijDOesUande.of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE •••.'. •:.-::.,:.COMPANY..and .ALLEGHENY CASUALTY.0:):MPANY,.:as•:ifully and amply, to all intents and•.purposes,as if the same had been duly executed and - .•:':::acknOWledged-:by.their:regUlarlyelected.officers at theirprincipaloffices..... : :-.. ,:. :: .. • :..„ : - •:' :!•:-This Power of'Attorney.:._is execOted,and may be revoked, pursuant to and by authority:of the By-Laws of INTERNATIONAL FIDELITY INSURANCE :•• ...,: .:::: COMPANY and ALLEGHENY CASUALTY COMPANY and:isgranted under and by authority of the following resolutionadopted by'..the:Board of Directors :::.:.: •:::: of..INTERNATIONAL FIDELITY INSURANCE COMPANY at a rneeting:dUlY•held-On the 20th day of July,201-0 and-by the Board of Directors of ALLEGHENY • :•:::-.:. CASUALTY COMPANY at a meeting duly heldon the 15th day of August,2000; . . "RESOLVED,that ..(1):::the.:PreSiderit Vice President, or Secretary of the Corporation shall have the:power to appoint,and:to revoke the appointments of, • Attorneys-in-Fact..or agents with power and authority:as defined or limited in their respective powers of attorney,-and to:execute on behalf of the Corporation. and affixElheCorporatidn's:seal thereto,bonds,:undertakings:recognizances, contracts of indeninity•and:other written obligations:inlhe nature thereof•or related thereto; arid:(2)any•SuCh.OfficerSof*.tii.e:Corporation may appoint.and revoke the:aPpointrnentS:Ofjoint,control.custodians,agents for acceptance of •.:::; ",:::::proCess,...:and.Attorneys7in-fact,vvith:.aUthorityld execute.:*aivers•and.conSents.•::on behalf of::::the Corporation;and ..( *)the signature of any such.Officer of the .:.::.••...:Corporation andtheCorporatiOn's.„seal:Emay.be affiXed.by::facSimile.to any power of attorney.or;certifidatiOrtgiven::fobt:the execution:of any bond,undertaking, :-!:-'•:.. :::•recognizancei, :contraCt of indemnity or other'written Obligation:in the thereof or related.thereto,such•signature.and:seals when so used whether • :::- •,!. heretOfore.orihereafter,.:::being hereby adoptedby the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid ••: 1:: .:.and bindirig:..upOri-ithe.COrpOratiOn itith:the same force angi.::effeCt as though manually affixed." •. . . i_ • • . • . • :•••••: : •:IN tWITNESS.WHEREOF,::••:INTERNATIONAL,:FIDELITy:INSURANCE COMPANY and .ALLEGI-1-. NY.•CASUALTY•COMPANY have each executed and ':•...L, .:::.. attested these presents on this.:12th.clay of March2012.-•.: :. •:. - :,:: :: .: •• . :: ::: :: ::: :: :•• -: : .....• ,••• - :•: ::::.:-:::.: .....:.:H:.::-:: :. ,:.::-::.:•-„....-1.1,141-‘,.,-1.-..Y1.41tref'• . .i.:',.•:. :: :.-'H:, .4-:-''..1(1*-7-."*SV.i .AL-::11i.-... :1 ....::.:-.. ...- ': STATE:OF:i4EW:4iisEy' . ... ....... , :','H..:::'-:.:--..•:::: .: v, -:.,.,e•Its..,... :.,,ik...• :.: : ..i.. -::. 47: ,.,: ,:i. H..' :.-:•,:,%,:-.: ;:County Of Essex•. • • ' . . . ... .. . i _ - '1:":: J.:.•'' '...:0:.44:••..F.77"14.7*•":--' -•': — :'. •. .. . .::'.' 43-... : ' ' ' '. •: ' ' ' '1 ' '-. .- • - .: . : . &e. .. -: ,:.: ,:::: H•:'. -s.,::: •.: •::•• :.• . .. .: . •:: .•. : •• .. : -. . , •:•. • ,-•. . . '''' .H.''' :::.• • 0:.• ''' -::::- ..:..... • ::,..4101: :::.. : :...• -.. . .... . -•••. '' • : ; '• :' . '' ' •:' '' . ' - . • .-''': --• '.:• (:).• H.-SEAL - '11: H. - :A H. 1936: . . ..-•::. • .- :• • . . . . ... . . . . . . ,... . . .. „ . •• "...••: • a.m..: •.:..:-.1erritio .:itp. .: ...4 •-•.:•--. . • • • .•- . 4%. .. . .:. .. . . .,.. .. . . . ., . . .. . . . : :.:: - ... ---- ::- ..1 if' -:.• ' ..::-.- '4 ':... -i• • :. :::-.- *.:. ' • •.: • • • • • • . . ROBERT W.MINSTE• •- :•. _:,:. .:, :: .::: : . ...... . . .. ...: .:-.- .:: :::. - • .:..: -:• . ,..: :::. ., ' -:: •• -. ...-.: ,. .- : • . .. •. • R :.,•. ::: :'.. ': :: ::, 4.11"...::,!IF. ..:41:11S4.::: :..:..,. :,,::.. : .:-.*. • 'ttiiir:s. .* ' ;?.,:: ,•.:,- • :' .::. ' : . . . ; ,. Executive. VicePresident/Chief Operating Officer ::::-.: :: ::.:.::: -. - :::... ... :.::-.::::.-:. ..- •::: •:: : .. •.::::: , . .Y":13..,: . . .: :. . ... : :- - .. (International Fidelity Insurance Company) ::•::::.:.:: -' .•-:-H:::::: :.:'...::.::.: ':-.....-.::-i -:..: ••.:. .: . :-:. .:-,::.-.•.:.....: :.•' • : : ' •: .: :: : - :.: . : and.President(Allegheny Casualty Company) :;•• .•:. On this.:::12t4 day of Mar0h.:2012.,•HbefOre me came the individual who executed thepreceding.instruMent,:to me personally known,and, being by me duly sworn,.:i said he IS the therein described and authorized."Officer of INTERNATIONAL FIDELITY. INSURANCE COMPANY and ALLEGHENY CASUALTY .•::::::•-..::::::COMPANY-:',...s.that'ithe seals:affixed to said instrument are the Corporate Sealsof said Companies;that the said Corporate Seals and his signature were duly affixed by order of:the Boards of pitectors-of:said Companies. :.::...... .',.:... . .. .• . ::..-:'• :. .: :.: •i: :•,: .:- •:-• i. :..-...:.: '''. : .-:': , -:.• ' .: :: : :•• :::::.• : ': :: ••• .:-• IN TESTIMONY WHEREOF,-I have hereunto set my hand affixed my Official Seal, :; '• :. •::.:.*:::-. :::: •••. •:i. ,..... .. ,,,,,..:: :::, H -::: • i'. ... -, .:'. i ': ' . .i.. :i, .:. , ::: at the:.City:of:Newarki•-New Jersey the day and year first above written. ••• .. : :•-• •• • : ..ow- . rot• :: : • : . • .. •• .• . .- 4,.. - • 0,• : .::. : . •: •:. • , : : . . ,. . • . ':: .::: :::.:•:::.•...:: ".:', ,'4,,,:,,.. 'le:I.V.,44,,,,i.,..••4, •.......• ..... :,• • :: : . :•• : . . .• .:: ::.:: . • .. • • .. . • ..::,::::: ..'.::::•• - .4§, Jit7:4 •4*. 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A NOTARY PUBLIC OF NEW JERSEY . . ... ...ii ..ir• -......up. ,,•...tb...1.4'... .:-:::. . ..: . : " . .. : i.. : .. . . .,,:'''':. ,:•:' ' :.:.- .1'..*::•.34 .....,:ii:',..,!..*:7• 41%. g.67.-.:::. •-• • i. ::.:. :H : : .:: : •:.: . .. .., .. - . : . My Commission Expires Mar,27,2014 . 0 . il. •': :•.:•-i'''''.::H.':: ..:!.'4"..,i4i...:P.. :i40.;*37,1.. ..: • • - • .. • • -4. • Jo- . - . . . . . ::.: : •: • : . , :::: -: :: .::: ::-•H .:::. :::.#.ft.,...:,-..!.._ •-:. -:,, ::. :,, .: ,- i i., •-., . ,. ,- ..• . CERTIFICATION :. :.. . . :.,.:.I.,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY,COMPANY do hereby certify.that I have .,:•:-:-.:COMparedithe.fOregoipg copy of•the Power of Attorney and afogavit.,..:and'the copy of 00:::iSections•bf the By-Laws of said Companies as set forth in said Power Of Attorney.„-:-.•:with.the priginals•••:on.file•Hin, the home office of said Companies,...and.that the same are correct transcripts thereof,and of the whole •::: -..:-:. .]•"..• of said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. • . ' ..:-.••...:.. IN TESTIMONY WHEREOF, :!:have hereunto:set my hand this 6. h :.: :::,ciay of:. July, 2012 . -::.,.........:.•:::-.......„ .......-...... .::::....::: ::...... .:::::...:-..: ....,......•.:::-......:-... ..:::....... :::::.•:•:.:•.,....:...::•:::...:: ....-.....-.. •:..:•.:. .: ....: ..... ..:..-..............:•:: :::.::.....,.. . ::.. ::::. -:.:: i.-.• -..:: ..........::. ..... of4.4.4ite.,#(..›40tco.,4-4.1 .7: .:-.: :.. .-•.:.:-. ::::-......::.:..::. :11...........i...:.::::-.-::::::.:.........-: ':',...:....-...--::.. ..-....'---.:........:::::......:,':.:•:.:". 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A4Ali1:4.:ORAN.c.ct,Assistant.S:ecre ::::-.......* :.::-......-.....:-.• :::::....-.. -.:::::..•::: ..-.:'......• •.• ,.....„......:.,:..:....... ......-:::. ::::......:::.,.... :.:. .:::: ....: :•.:....:•..:.- --.....-•:::...,... :::-.......,..... •,.......... ....: .......: ...: ...:::.:::•..:,........:..,,....... ...... :,:..:..::::. •....... • ... ....,;•.:........•..::.„•::. .:.....: .....•• ::.... ... .. ..... .......... .... .... .•... .....:. ..: .• ,.... ..:•...,: ...... ...... ...:•:........::..,... ... „ :... .....:.....• -....::: :•• :•••,-....., ••••••••• .......• •:.:'' •,...••'. ••••••• •.•••••••• •••.:: •••• .. ..' •••••• ••••.•... •••••••••• ••••.. -••• ••• .. .••...' '••- . . - ••• •••• •:. •••• • ••• • ••••'•• ••-•••• ••• • -*:••• ••• :. ..• •• -••••• • '• - .• .* • .....• .•..--••' .:..•i.:..'1':;.-i-,1!::::',:f.:'...::':::•::::::::.;i'''''::::':1:':.:::.:•'::-.''''•::....', fi.:i'..7.•':',. •,:i: .....'::.:*1;::":.".....-i':.::,:: .:::?' '::::':•...::-.......:(.....':-.....:.::': 1:.:•.1.-:::•:•:.: r......i,....-':....i....1.........i."......,:.::.l'... '•':.:.:.:.:::.1.:.......'............::•:. .:::::.;' .i::::: ...::::.:::::::..i.‘'....:"::.'..:<..........i'''';::::: '....''•:......:i...:i.:..............::::.•..:.:: ::•.:.... i::::: ::.•...:':-....:-..,•'I....-.....•'..I::::::::•••• •:•••:j:"...... ••••••...............-•;-•:i :.:.:':..:....; :::::.......:;:::::•:::'......:';'.::::,..•:::: :::...."'.:**-1:•:.::::::-..'.....:':•-•:: :::: • PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE This bond was executed in two(2) identical counterparts. Bond W) , 0572697 Premium: $1,545.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"),has awarded to Hardy & Harper, Inc. 1312 E. Warner Avenue, Santa Ana, CA 92705 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE,we,the undersigned Principal,and International Fidelity Insurance Company 13400 Sabre S•rin•s Parkwa Suite 245 San Die.o CA 92128 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of One Hundred Eight Four Thousand and 00/100 Dollars($i 8 4,0 0 0.o o ), 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 C-6 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: July 6, 2012 "Principal" "Surety" Hardy & Harper, Inc. International Fidelity Insurance Company 41, iror By: Opp , L 1/ L- teve Ki er—V.P. I Dwight Reilly, Attorney-In-Fact By: r�. — By: - I K r i s to n S . P 49u l i no Its Corporate Secretary (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL 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 mtyst be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached C.-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �?.�.�c:�.err.�`�:.����� .��.������.�%�������� ��� ���� �~��.�r•�:�`.4-c�.�`��.�r State of California County of Orange On July 9, 2017 before me, Jo-Ann I yaps, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kwshner ame 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)is/are subscribed to the within instrument and acknowledged to me that Ise/Pe/they executed the same in kis/kW/their authorized capacity(ies), and that by kis/lex/their signature(s) on the instrument the person(s), or the entity upon behalf of • which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is - true and correct. WITNESS mind and • ial seal. Signature 7, Place Notary Seal Above Signature of No.: P is 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: July 6, 2012 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 g ❑ Individual ❑ Individual Er Corporate Officer—Title(s)!ice President Corporate Officer-CoTRtR§jetary ❑ Partner—❑ Limited ❑General RIGHTTHUMBPRINT Cl 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.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org item#5907 Reorder.Call Toll-Free 1-800-876-6827 0 ACKNOWLEDGMENT State of California County of Orange } On July 6, 2012 before me, Susan Pugh, 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/ subscribed to the within instrument and acknowledged to me that he%hy executed the same in his/lir authorized capacity( ), and that by his/hist/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. --- SUSAN PUGH WITNESS my hand and official seal. COMM. \s ► x193422 Nctnry public CaliTornia ORANC.;E COUNTY My.. �� mm,Lxiliros,kpr 29.2010 l I.:pM - 5( Signatures .. (Seal) " Susan Pugh .41 ".....T011973) :Y : • 2°°..—' —...-...... ' .:.' OVkrER'OF''ArroRN ........---..,".:."...:::..,-----;----- :,-..-...:. ::::-....:......--:-::::::-:.,.:.-:,i-":-.....---:-..-.:.--:-. :::....:',."-; :::-.".:-..-----.: •• = .. TI ALS::FIDELITY:�IN SURAA NCE-COMPANY,. .: :.: : :. . . : - :ALLEGHENY :•. .. •LTY:COMPANY .:.' . ........... 1 2-5 ;'s.:,::...::.:::-..::::.--.. ONE.fiI�EV1fARl4-C�E�ITER.y 20TH.-FLOOR.NE�vARK,:NEiN JER$EY a7 Q 2Q7 . NTERTIO .L FI.DELITY INSURANCE..COMPANY' a co._ ration.:.:o anized. -and existin .under KNO�IV ALL hlrEN:�Y°:T�1ESE.P�E�EN'rS. That t NA NA � rpo rg g the laws of'the. State..of`New ,Y Jerse , .and ALLEGHENY CASUALTY COMPANY a':corporation organized.and existing•under the laws of the State•of. • Pennsylvania,having _their �.unci : l:'office in the Ci of:Newark,New Jerse ,do hereb� constitute and appoint t� pa :.:City. Y Y PPS DWIGHT REILI Y,:ARTURO AYALA, DANIEL HUCKABAY - Orange., CA. their true andlawful attorney(s)-in-fact to execute,deal and deliver for and on its behalf as surety,an and all bonds andundertakings,contactis of indemnity y otherwise,and other writings obi'`ato n the nature hereof, which are or rr�a be allowed required or,permitted by la�nr statute,rule,r ulation,contract orotherw s and the execution of such ,instrum:ent s��:<in ursuance of these: resents shall be as binding Upon the said. INTERNATIONAL FIDELITY INSURANCE � P � g PQ COMPANY andALLEGHENY CASUAL. OMPAi�IY, asfulfiy and amply, to all intents and purposes,asif the same had been duly executed and :..: acknowledged<by their regularly:eleCted officers at.their principal:offices.. INTERNATIONAL FIDELITY INSURANCE This Power. of attor-ne is executed*and ma be revoked, pursuant to and b authori of the By Laws of A L ENY CASUALTY'COMPANY and:it.:granted ranted under:and by'authon of the following:resolution adopted.b the Board of Directors • COMPANY and. LEO U of INTERNATIONAL``FIDELITY:INSURANCECOMPANY at a meeting'dul h.eld othe 20th day of July,2010 and'by the Board of Directors of ALLEGHENY . CASUALTY COMPANY at a meeting duly held on the 15th day of August, ��000: "RESOLVED that 1 :.the President, Vice President, :or Secreta of.:the Corporation shall have the ower to>appoint,and to revoke the appointments of, � ) rY . Attorne s-in-:Fact or a ents.with �::wer and authori as defined or limited in their respective powers of attome ,and to-execute on behalf of the Corporation Y rtaki nizanc and affix the Cor . ra.tion's seal ereto,bonds,un e n�s,;recd es, contracts t�f iademni and o er written obli ations in'the nature thereof or ,9 . related:..thereto; aOnd'2 an ..such`Off.IcerS:of the Co ration ma..appoint and revoke the ap. intmen S of joint--control cust ians,agents.for acceptance of • rocessx..and.Attorne s-in-fact with authority:to execute.waivers and consents.:on behalf of::the Corporation;.and.13)the.signature ofany such.Officer of,the pp .. y Co oration and the.Co .oration's::seal ma <be affixed b.::facsimile to an •power of attorne or certification given:for the execution of any bond,undertaking, yy y recognizance, :contract of inderrini. or other written obligation in.the:nature thereof or related thereto,such signature and seals when.--so used whether heretofore.or hereafter,.:being:her adopted by.the Co oration as the original si nature of such officer and:the original seal of the Corporation,to be valid yyCorporation :and binding.upon.the Corporation with the same force and effect as though manua y affixed." - ..:....... I:N WITNESS•WHEREOF, INTERNATIQNAL FfDELITY INSURANCE •COMPANY and>•ALLEGf-tENYhave CASUALTY COMPANY ea ch 'executed and attested these presents on this 12th day Of:March,2012. • - - : 1,4 - . STATE:OF NEW JERSEY ' `: .: County of Essex -: :::::: .. . .'r:''...0.-",,-,!..';.'''' :-.i' i. It': 1'.. ' .' -. 1'-''.::.17.14.r. .11' E ''' I': 'r . '1 . -'' 'rr H. ' '. I Hs' :: -... . . ''.• . -- ..,• .,:. •.::,. ::.,::L,....,„...i. :.:.,.::,. I : 1936 . - • --: i.,:. . ..:: .. :..: . . . : . •: . :" .:.:.:......,. ..:.::,..:c.......:....-...:., 0.:90.4i4„.:.**-.:.......::: . ...:: -.. :: ,,:.: ,.. . , . ..:::: . :.::: . .: . . . . . ,, :'.. :.:,:.-...,.,,:'-:':', ...- • ..,..A9N.i.':,, i.H .H.H:.. .::•-•,..:'..i..:;!! ::- . .....:i:•,:.-.).. .... : :,,: :,:-!, ,::. -•,,.. ,:.i:, -.- i.- -... .:.,. -: H: ::.: - . is - : • .: : :: :. ,: ::: ROBERT W.. iMINSTER •••• i•:' •: ::. :.: •::: ::.:••_: 41•••::. *• • Executive Vice President/Chief OiDerating Officer • (International Fidelity Insurance:company) and. President(Allegheny Casualty Company) . On this.'.12th: day of March:2012, ,before.me carne the individual who executed the preceding instrument, o me personally kno wn,and, being by:me duly .. sworn said :he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY ` ' . th.` is affix <:to s.ai instrumen `are the:Cor Or:. ate Seals"..of.:-.said Com anies;that:the Said Corp rate Seals and his signature were COMPANY,...that .the sea ed d t pp Po 9 .. duly affixed by.order of.the Boards of.:Directors of said Companies. OF, I.have hereunto set m: hand affixed myOfficial Seal, N TESTIMONY INHERE. . yy ty ark,New Jersey the day and year first above.written. at the:Ci of-New- . . .:...- .......1.:0..:.•*0...T..!‘.1.‘40.!...e.'.• ... .:1. • • : • •• . :.. : • • • • (1 . 7/' a,b41.,.) ,a14„ezfreo9 ,.::..''.'..:'.'..:-',.:.:'.:....•.1'.'•':-.::::...r:--..:.:.',H.-'..:..,.'.'i.:'':.:'...-.-.----:•.:.:.::..:.:!..:-.':H.".sH:s,:s'.,.'•::r'.::i*. 1.E::i''.''..-:'-::::..,....•-H•.: .•..:':. .:.:: :-:: "i il..::::.' ., :,:,.: A E.NOT-: ARY-. PUBLIC O-, F NEW JERSEY 0, '4.4 ..••7 .4. .••-< ,. :::...H::..:,:.:.::::::,-:..,.:':: :..•H:-'.i•:, •:.'':.i:'.::. ,E :. My Commission Expires Mar.27,2014 .i. ,:•.•:•:.. • • • s4,�r+ F N0:. =,:::.,. Fay.*vosti CERTIFICATION ' the.:ug ndersi g ned officer of INTERNATIONAL FIDELITY•INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have .::::::compared the foregoing copy of the Power of AttorneY.and affidavit,and•the copy.of the Sections of the By-Laws -of said Companies as set forth in said I Power of Attorne with.the originals. on file in: the•home office of:said companies,•:and:that. the same.are correct transcripts thereof,and of the whole Y 9_ of:the said originals,and that the said Power.of Attorney has riot been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this:.6th day•of July, 201,2 -1<. --- • ..... .. ..-.. ..': ....... ..:* .. / -.4 ' ...---..... .... .-...: ..:.....-- ..:-.....::. `::. •:•.'.... . :::::•:..:::._. .:....:.:.. .:::.:•::• RAN�OQ*Assistant�:S�ecre.. .::..::>_:.. MMA.: Workers' Compensation Certificate of Insurance WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insured and that the same are in force at this time: 1. This certificate is issued to: The City of Rancho Palos Verdes, City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. The insured under such policy or policies are: 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date WC373645307 10/01/2011 10/01/2012 City Clerk of the City of Rancho Palos Verdes .., By. t' Authorise• `e entative C-7 • 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 ' 2. provisions thereof as though set forth in full herein. 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 living rates of wages to workers and the penalties for failure t to pay living 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 living 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 subcontractor 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 workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this •f tract." � Signature Q.'j �— / �Date l �� S -ve Kirschner, V.P. 1 C-8 • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY 111 Indemnitor(s)() (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns(collectively "Indemnitees")from and against any and all damages,costs,expenses,liabilities,claims,demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever,including fees of accountants,attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in ' connection with, resulting from,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers, agents, servants, employees,subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from,or related to the above-referenced contract,agreement,license,or permit(the "Agreement")or the performance or failure to perform any term, provision,covenant,or condition of the Agreement,including this indemnity provision. This indemnity provision is effective regardless of any prior,concurrent,or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an ' Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass(a)Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage's, which may have been required under the Agreement, or any additional insured endorsements,which may extend to Indemnitees. 1, Indemnitor,on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all obligations, liabilities,covenants and conditions under this instrument shall be joint and several. C-9 t "Inde Name toy A.Aler Name ity,LcYPEASI. By: Steye_Kirschner g : Kristen Paulin()y y ItsV.ice President Its Corporate Secretary C- 10 ADDITIONAL INSURED JENCORGENIESIX COMPREHENSIVE GENERAL LIABILITY Hardy& Harper, Inc.-1312 E.Warner Ave.Santa Ana,CA. 92705 Name and address of named insured("Named Insured"): Scottsdale Insurance Company-8877 North Gainey Center Dr.Scottsdale,AZ. 85258 Name and address of Insurance Company("Company"): PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY General description of agreement(s),permit(s),license(s),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this R ' - - ‘i: -to,it is agreed as follows: 1. The City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy.-See attached endorsement 2. The insurance coverage's afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage's provided by the Policy.-See attached endorsement 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another Insured under the policy. All such claims shall be covered as third-party claims,i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insured.-As defined under insured contract in the policy form. 6. The policy to which thismedeeeneot is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereof. In the event of Companys failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.-Cancellation or policy change notices will only be sent to named insured. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to -See attached endorsement. C-11 • • operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. attached to certificate 9. ThisMigCc0( t4der shall be sent to Public Agency at 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENEKNOVANT ATTACHES FROM/TO LIABILITY BCS0025757 07/01/11 -07/01/12 $1M Each Occurence 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage's. Includes: ** Contractual Liability-Subject to policy wording m Explosion Hazard o Owners/Landlords/Tenants a Collapse Hazard o Manufacturers/Contractors ® Underground Property Damage o Products/Completed Operations o Pollution Liability o Broad Form Property Damage o Liquor Liability o Extended Bodily Injury o • Breattfrbrm Comprehensive o General Liability EUllititakietit o 12. A m deductible or o self-insured retention(check one)of$Deductible:$0 applies to all coverage(s)except: (if none,so state). The deductible is applicable o per claim or o per occurrence(check one). 13. This is an i occurrence or o claims made policy(check one). 14. Thissndeiement is effective on 05/21/2012 at 12:01 a.m.and forms a part of Policy Number BCS0025252 I.Kevin Bogart (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed May 24 , 012 4ribt Signa re of Authorized Rep entative (Original signature only;no facsimile signature Telephone No.: ( 714 505-7000 or initialed signature accepted) C-12 ADDITIONAL INSURED E1IIaøRMEIE AUTOMOBILE LIABILITY Name and address of named insured("Named Insured'):Hardy&Harper, Inc.-1312 E.Warner Ave.Santa Ana,CA.92705. Name and address of Insurance Company("Company'):Zurich North America,Captives&ART Solutions- 1400 American Lane,Tower 2, Floor 10 Schaumburg,IL.60196 General description of agreement(s),permit(s), license(s), and/or activity(ies)insured: Public Works Maintenance PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY Notwithstanding any inconsistent statement in the policy phi • ,i, - _ = • , ' .• = - , -. • - = o,it is agreed as follows: 1. The City of Rancho Palos Verdes ("Public Agency), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy.-See attached endorsement that applies. 2. The insurance coverage's afforded the Additional Insured under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage's provided by the Policy.See attached endorsement that applies. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability Insurance (subject to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. -As defined under insured contract in the policy form. 6. The policy to which this ItrietitftitiMitMt is attached shall not be subject to cancellation. change in coverage,reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto. In the event of Companys failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.-Cancellation or policy change notices will only be sent to named insured. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured.while acting within the scope of their duties.from all claims,losses and liabilities arising out of or See attached endorsement C- 13 111 incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9. ThismutiMMOCUMIXtitGatios given hereunder shall be sent to Public Agency at: certificate City Manager The City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10. : : . - . _:► . ' ; '• ' i , '1 1 - - " P. -', nt, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ElgooRsgmeta ATTACHES FROM/TO LIABILITY BAP373645407 10/01/11 - 10/01/12 $1,000,000 CSL 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage's. Includes: tx Any Automobiles I Truckers Coverage I All Owned Automobiles I Motor Carrier Act OC Non-owned Automobiles I Bus Regulatory Reform Act X Hired Automobiles I Public Livery Coverage Scheduled Automobiles I I Garage Coverage 12. A m deductible or o self-insured retention(check one)of$0 applies to all coverage(s)except:_(if none,so state). The deductible is applicable G per claim or G per occurrence(check one). 13. This is an is4 occurrence or o claims made policy(check one). 14. This Viatatatttgg is effective on 05/21/2012 at 12:01 a.m.and forms a part of Policy Number BAP3736454,07 I.Kevin Bogart (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this 6t and that by my execution hereof, I do so bind the Company. Executed May 24 ,20 12 Sig u of Authorized esentative (Original signature only;no facsimile signature C-14 • . Telephone No.: (714 )505-7000 or initialed signature accepted) C-15 Exhibit B CITY OF RANCHO PALOS VERDES NAME OF COMPANY: Hardy & Harper, Inc. To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into.a contract to furnish all labor and equipment for the project identified as; PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY in accordance with the specifications and plans in the Contract Documents which are on file in the Public Works Department of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following ' places and prices: PUBLIC WORKS MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY BASE BID ITEM DESCRIPTION, UNIT ESTIMATED COST TOTAL PER NO. Two employees,one truck two days per week QUANTITY COST HOUR I. Leadworker w/stakebed truck and cellular phone 1000 H,RS - 0 •0 000 2. Laborer 1000 HRS 70 , 70,000 COST PER HOUR TOTAL(add items 1 2} 6a .4 Goo Tadd items t --2 TOTAL COST " BASE DID TOTAL COS ( � e .. � LO000 . BASE BID TOTAL COST AMOUNT IN WORDS: Sinot b jos41114hes eidtvk P-3 (A) '_i n