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Hardy & Harper Inc (Landslide Maint)
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and HARDY AND HARPER,INC., a California corporation("Contractor") is effective as of the 19th day of June, 2017. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated October 4, 2011 ("Agreement") whereby Contractor agreed to provide Landslide Road Maintenance Services for Rancho Palos Verdes Drive South. B. On July 1, 2016, the City and Contractor entered into that certain Amendment No. 1 ("First Amendment") to the Agreement in order to extend the term of the Agreement by one year, to expire on June 30, 2017 and to increase the Contract Sum to $2,976,875. C. On July 1, 2017,the City and Contractor entered into that certain Amendment No. 2 ("Second Amendment") to the Agreement in order to extend the term of the Agreement by one year, to expire on June 30, 2018 and to increase the Contract Sum to $3,626,875. On June 20, 2017,the City approved an increase in the bid prices from 2011 due to the fact Chandlers dumpsite has closed, and Contractor has increased costs due to this closure. Specifically, the increases are 25% for items 1-1 through 1-5, and 45% for the removal portion of items 1-6 through 1-9. E. City and Contractor now desire to enter into this Amendment No. 3 to the Agreement ("Third Amendment") to extend the term of the Agreement until June 30, 2019, establish a not-to-exceed amount for this extended term of $600,000, and increase the total Contract Sum to $4,226,875. TERMS a Chan es. The Agreement is amended as provided herein (new text is 1. Contract b gr identified in bold italics, deleted text in strikethrough). THE RATE INCREASE WAS APPROVED IN AMENDMENT 2 - I REFERENCED THE APPROVAL ABOVE, I DON'T THINK IT IS NEEDED IN THIS AMENDMENT. PLEASE ADVISE IF THE LANGUAGE IS NEEDED IN THIS AMENDMENT. (a) Section 2 "Compensation" is hereby amended as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the prices submitted in the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions.However,for Type 1 services provided from July 1,2017, until June 30,2018, Contractor shall be paid according to the prices set forth in Exhibit "A"to Amendment No. 2 tothis Agreement. Total compensation for the services provided under this g p Agreement shall not exceed Two Million Nine Hundred and Seventy Six Thousand Eight Hundred and Seventy Five Dollars ($2,976,875) Three Million Six Hundred Twenty Six Thousand Eight Hundred Seventy Five Dollars ($3,626,875) ("Contract Sum"). Total compensation for the services provided from July 1, 2016, until June 30, 2017, shall not exceed Five Hundred and Twenty Thousand Dollars ($520,000). Total compensation for the services provided from July 1, 2017, until June 30, 2018, shall not exceed Six Hundred Thousand Dollars ($600,000).- (b) Section 10 "Term" is hereby amended as follows: "Term. This Agreement shall commence on October 4, 2011, 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, 201789, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, this is the final renewal to the there shall be two (2)one (1) one year options to renew the Agreement at the existing rates with the mutual written consent of both parties. If not renewed prior to the June 30, 2019, the Agreement may continue on a month-to-month basis under the same terms and conditions for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this 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 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 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 Amendment. 01203.0006/383882.1 -2- 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/383882.1 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Mayor ATTEST: r �ta�F�m>> rC141/1141°46-1 o, Cleric Y City APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _ , City Attorney Aga CONTRACTOR: HARDY AND HARPER, INC., a California corporation By: ame: Insert Steve Kirschner itle: Insert V' ce President By: / ' !;; Name: Insert Kristen Paulino Title: Insert Secretary Address: Hardy& Harper, Inc. 1312 E .Warner Ave. Santa Ana, CA 92705 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF I.NCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 01203.0006-383882.1 -4- • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 - w w-w w w v. - v. - 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 October 11. 2018 before me, Jo-Ann Lyons Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner and Kristen S. Paulino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) bt/are subscribed to the within instrument and acknowledged to me that I-Wsbte/they executed the same in 114s/I1er/their authorized capacity(ies), and that by his/hmr/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 offic'al seal. •"""+ • JO-ANN LYONS t'T`_ ; '% Notary Public California Signature 44 u• Orange County ' Signature of Notary Pu. is Commission#2191077 Bms` My Comm.Exp!es M:3y 3,2021 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: October 11, 2018 Number of Pages: 4 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen S. Paulino 12i Corporate Officer — Title(s): vice President LJ Corporate Officer — Title(s): Corp Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — I- Limited = General ❑ Individual E Attorney in Fact ❑ Individual Ei Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee E Guardian or Conservator E Other: C Other: Signer Is Representing: Signer Is Representing: Hardy& Harper, Inc. Hardy& Harper. Inc. —w".-w..-a.,•a-,W-a:-'a...-w.•w.W w--e...w.^y"'w"a•:a-.-es.-m...-d•w'a:.'w.w--w.-w w..w-'w..w.-a..-a..-a:. -w.•w.w--e-a...w:•a,,'a.,-a� -a;ZX ©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 XXXX 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 0I'_U;.0006;�3832.I 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 XXXX ) 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 383882.1 EXHIBIT "A" BID PRICES FOR TYPE ONE ITEMS OF WORK FROM JULY 1,2017 TO JUNE 30,2018 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED NO. QUANTITY AMOUNT 1-1 4"Asphalt remove and 5,500 SF 6.125 33,687.50 reconstruct per location(1-500 SF) Per additional inch in depth of 2,000 SF 1.25 2,500 asphalt removal and replacement(1-500 SF) 1-2 4"Asphalt remove and 5,500 SF 5.125 28,187.50 reconstruct per location(501- 1000 SF) Per additional inch in depth of 2,000 SF 1.25 2,500 asphalt removal and replacement(501-1000 SF) _ 1-3 4"Asphalt remove and 5,500 SF 4.50 24,750 reconstruct per location(1,001- 2,000 SF) Per additional inch in depth of 2.000 SF 1.25 2,500 asphalt removal and replacement(1,001-2,000 SF) 1-4 4" Asphalt remove and 4,000 SF 3.75 15,000 reconstruct per location(>2,000 SF) Per additional inch in depth of 1.000 SF 2.50 2,500 asphalt removal and replacement(>2,000 SF) 1-5 AC Cold Milling less than 3" 5,000 SF 1.25 6,250 AC Fill less than 3" 5,000 SF 4.125 20,625 1-6 AC Cold Milling greater than 5,000 SF 1.45 7,250 3"to 6" AC Fill greater than 3"to 6" 5,000 SF 4.30 21,500 1-7 AC Cold Milling greater than 3,500 SF 2.03 7,105 6"to 8" AC Fill greater than 6"to 87 3,500 SF 5.00 17,500 01203.0006/383882.1 1-8 AC Cold Milling greater than 3,500 SF 2.90 10,150 8"to 10" AC Fill greater than 8"to 10" 3,500 SF 6.30 22,050 1-9 AC Cold Milling greater than 3,500 SF 4.06 14,210 10"to 12" AC Fill greater than 12" 3,500 SF 7.00 24.500(262.765) 1-10 Skin Patching 50,000 SF 2.10 105.000.00 Up to 2" 1-11 Traffic Striping& Raised 8 EA 2.500.00 20.000.00 Pavement Markers 1-12 Full day flagging operations 8 EA 1.800.00 14,400.00 1-13 Half day flagging operations 8 EA 900.00 7,200.00 1-14 Changeable Message Sian 5 EA 150.00 750.00 1-15 Flowable Fill (sand/concrete 20 YD 50.00 1,000 slurry) Subtotal Type One Work 411.115 01203.0006/383882.1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and HARDY AND HARPER,INC.,a California corporation("Contractor")is effective as of the 20th day of June, 2017. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated October 4, 2011 ("Agreement") whereby Contractor agreed to provide Landslide Road Maintenance Services for Rancho Palos Verdes Drive South. B. On July 1,2016,the City and Contractor entered into that certain Amendment No. 1 ("First Amendment")to the Agreement in order to extend the term of the Agreement by one year,to expire on June 30, 2017 and to increase the Contract Sum to $2,976,875. C. Contractor has requested an increase in the bid prices from 2011 due to the fact Chandlers dumpsite has closed, and Contractor now faces increased costs due to this closure. Specifically, the increases are 25% for items 1-1 through 1-5, and 45% for the removal portion of items 1-6 through 1-9. D. City and Contractor also desire to add Supplemental Traffic Control Services to direct vehicle and pedestrian traffic safely through and around the intersection of Palos Verdes Drive East at Via Canada.However,compensation for these Supplemental Traffic Control Services is limited to $50,000 and shall be provided for six months following the effective date of this Amendment.These services are procured on an emergency basis pursuant to Rancho Palos Verdes Municipal Code section 2.44.140. E. City and Contractor now desire to enter into this Amendment No.2 to the Agreement ("Second Amendment")to extend the term of the Agreement until June 30,2018,establish a not-to- exceed amount for this extended term of $650,000, and increase the total Contract Sum to $3,626,875. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strikcthrough). (a) Section 2 "Compensation" is hereby amended as follows: "Compensation. In consideration of the services rendered hereunder,Contractor shall be paid according to the prices submitted in the Bid Sheet of the Proposal,attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. However,for Type 1 services provided from July 1,2017, until June 30,2018, Contractor shall be paid according to the prices set forth in Exhibit "A"to Amendment No. 2 to this Agreement. Total compensation for the services provided under this Agreement shall not exceed Two Million Nine Hundred and Seventy Six Thousand Eight Hundred and Seventy Five Dollars ($2,976,875) Three Million Six Hundred Twenty Six Thousand Eight Hundred Seventy Five Dollars($3,626,875)("Contract Sum").Total compensation for the services provided from July 1,2016,until June 30,2017,shall not exceed Five Hundred and Twenty Thousand Dollars($520,000). Total compensation for the services provided from July 1, 2017, until June 30, 2018, shall not exceed Six Hundred Fifty Thousand Dollars ($650,000)." (b) Section 10 "Term" is hereby amended as follows: "Term. This Agreement shall commence on October 4, 2011, 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 30,20178,unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be two (2)one (1)one-year options to renew the Agreement at the existing rates with the mutual written consent of both parties. If not renewed prior to the June 30, 201.78, the Agreement may continue on a month-to-month basis under the same terms and conditions for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." (c) Section 11 "Supplemental Traffic Control Services" is hereby added as follows: "Supplemental Traffic Control Services. Contractor shall, at the City's request, provide professionally trained and equipped traffic controller (flagger) for the purpose of directing vehicle and pedestrian traffic safely through and around the intersection of Palos Verdes Drive East at Via Canada.Contractor shall be paid for such services upon submission of a valid invoice, in a form acceptable to the City, at the rates described in Exhibit"A"of Amendment No. 2 to this Agreement, and total compensation for these services shall not exceed Fifty Thousand Dollars($50,000).The services described in this Section 11 shall be provided for six (6) months following the effective date of Amendment No. 2 of this Agreement." 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment,whenever the term"Agreement"appears in the Agreement,it shall mean the Agreement, as amended by this 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 Amendment,City is not in default of any material term of the Agreement and that there have been no events that, with the 01203.0006/383882.1 -2- 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 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 Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/383882.1 -3- IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation �/ Brian C/% •ell, Ma • AT elk any 11111Mik 4101porn, City Clerk APP' 0 'ED'AS TO FORM: ALESHIRE &WYNDER, LLP giiih, r' / Dave‘lir-shire, City Attorney CONTRACTOR: HARDY AND H' RPER, INC., a California corporation, 410I By: /4111° Name: Steve Kirschner Title: V• e President By: tL171L1V-Q.-- - Name: Kristen Paulino Title: Corporate Secretary Address: 1312 E. Warner Ave. Santa Ana, CA 92705 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 01203.0006/383882.1 -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C. . ..svt . • •.cvCw.. ..i._cS.!V. ._cv'/.a •_.M._...s •ere....4./. .`., ._c>.cam • ._.oter.'. aC_a¢ l._a:-s,._..:_c,t,c,._ 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 August 9,2017 before me, Tina Pham, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner& Kristen S. Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Ioe/sKe/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 ' ,,,,,,Al ,e®` TINA PHAM is true and correct. 4 : . COMM.#2149384 n ‘-?;•`. ',,,, Notary Public-California my hand and official seal. ' -4',cA �. ORANGE COUNTY LL `44,,0 My Comm.Expires Apr 17,2020 Signature aLc..g,rz....-- Sign ture of Notary Public 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. 2 Document Date: August 9. 2017 Number of Pages: 4 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen S. Paulino ©Corporate Officer — Title(s): vir:P Prasiripnt ❑✓ Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc Hardy&Harper. Inc ©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 ) 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 01203.0006/383882.1 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 ) 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 01203.0006/383882.1 EXHIBIT "A" BID PRICES FOR TYPE ONE ITEMS OF WORK FROM JULY 1,2017 TO JUNE 30,2018 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED NO. QUANTITY AMOUNT 1-1 4"Asphalt remove and 5,500 SF 6.125 33,687.50 reconstruct per location(1-500 SF) Per additional inch in depth of 2,000 SF 1.25 2,500 asphalt removal and replacement(1-500 SF) 1-2 4"Asphalt remove and 5,500 SF 5.125 28,187.50 reconstruct per location(501- 1000 SF) Per additional inch in depth of 2,000 SF 1.25 2,500 asphalt removal and replacement(501-1000 SF) 1-3 4"Asphalt remove and 5,500 SF 4.50 24,750 reconstruct per location(1,001- 2,000 SF) Per additional inch in depth of 2,000 SF 1.25 2,500 asphalt removal and replacement(1,001-2,000 SF) 1-4 4"Asphalt remove and 4,000 SF 3.75 15,000 reconstruct per location(>2,000 SF) Per additional inch in depth of 1,000 SF 2.50 2,500 asphalt removal and replacement(>2,000 SF) 1-5 AC Cold Milling less than 3" 5,000 SF 1.25 6,250 AC Fill less than 3" 5,000 SF 4.125 20,625 1-6 AC Cold Milling greater than 5,000 SF 1.45 7,250 3"to 6" AC Fill greater than 3"to 6" 5,000 SF 4.30 21,500 1-7 ; AC Cold Milling greater than 3,500 SF 2.03 7,105 6"to 8" AC Fill greater than 6"to 8" 3,500 SF 5.00 17,500 01203.0006/383882.1 1-8 AC Cold Milling greater than 3,500 SF 2.90 10,150 8"to 10" AC Fill greater than 8"to 10" 3,500 SF 6.30 22,050 1-9 AC Cold Milling greater than 3,500 SF 4.06 14,210 10"to 12" AC Fill greater than 12" 3,500 SF 7.00 24,500(262,765) 1-10 Skin Patching 50,000 SF 2.10 105,000.00 Upto2" 1-11 Traffic Striping&Raised 8 EA 2,500.00 20,000.00 Pavement Markers 1-12 Full day flagging operations 8 EA 1,800.00 14,400.00 1-13 Half day flagging operations 8 EA 900.00 7,200.00 1-14 Changeable Message Sign 5 EA 150.00 750.00 1-15 Flowable Fill(sand/concrete 20 YD 50.00 1,000 slurry) Subtotal Type One Work 411,115 01203.0006/383882.1 RECEIVED AMENDMENT NO. 1 •-- SEP 0 9 2016 I TO AGREEMENT FOR CONTRACTUAL S R 1 HARDY d, HARPS; THIS AMENDMENT TO THE AGREEMENT FOR CO 'f . _ I CES ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and HARDY AND HARPER, INC., a California Corporation ("Contractor"), is effective as of the 1st day of July, 2016. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated October 4, 2011 ("Agreement"), whereby Contractor agreed to perform the work and provide the services and materials for the project identified as Palos Verdes Drive South Landslide Road Maintenance. B. City and Contractor now desire to amend the Agreement to extend the term until June 30, 2017, and establish a not-to-exceed amount for the extended term of$520,000. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in s# ke-thr-eugh). (a) Section 1, Scope of Services, is hereby amended as follows: Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Palos Verdes Drive South Landslide Road Maintenance, as described in these Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications" or as specifically designated in the Plans and Specifications. In the event of any conflict between the terms of this agreement and any above-referenced documents, the terms of this agreement shall be controlling. - - • •• _•- !- - ! . . (b) Section 2, Compensation, is hereby amended as follows: Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the prices as submitted in the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. Total compensation for the services provided under this Agreement shall not exceed Two Million Nine Hundred and Seventy-Six Thousand Eight Hundred and Seventy-Five Dollars ($2,976,875) ("Contract Sum"). Total compensation for the services provided from July 1, - 1- 01203.0006/309294.2 2016, until June 30, 2017, shall not exceed Five Hundred and Twenty Thousand Dollars ($520,000). (c) Section 10, Term,is hereby added as follows: Term. This Agreement shall commence on October 4, 2011, 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 5 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement at the existing rates with the mutual written consent of both parties. If not renewed prior to the June 30, 2017, the Agreement may continue on a month-to-month basis under the same terms and conditions for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this 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 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 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 Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -2- 01203.0006/309294.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation �L /.�✓ . - • i yda, Mayor/ ATTEST: CP‘—‘41—arlaMorreale,City Clerk APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP I.- ft Dave Alesh re, City Attorney CONTRACTOR: HARDY AND HARPER, C. � f� By: Name: Steve Kirschner Title. Vice President By: Nam : Kristen Paulino Title: Corporate Secretary Address: 1312 E. Wo MAet' Me.• Santa Mo► , C A 12705 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -3- 01203.0006/309294.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 S`f`.ro c `�A � .:c '•:caYrcK`t�^ .c:Y`,c:P..cif`.c-P.c-;K`.c'C.c�E.c:P.c-;!.,t�E:K..F:('c-_C..c,.cY':a.v._v,..•v,._v.._6,.w_v.-6,.6,•_v::v._a __. 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 September 9. 2016 before me, Tina Pham. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner& 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) k/are subscribed to the within instrument and acknowledged to me that 1 /safe/they executed the same in has/tier/their authorized capacity(ies), and that by his/bier/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. •, TINA PHAM WITNESS my hand and official seal. •. COMM.#2149384 n "semi'*-1° Notary Public-California LL 09 I ORANGE COUNTY My Comm.Expires Apr 17,2020, Signature ------------- -�-— Signature of Notary Public 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. 1 to Agreement Document Date: September 9. 2016 Number of Pages: 3 Signer(s) Other Than Named A ove: Dave Aleshire Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen Paulino IA Corporate Officer — Title(s): Vir.P Prpsicjpnt ©Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee ❑ Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc Hardy&Harper. Inc ,-,s, •d'as, •er r' — es e• - -e..y..e,..e,•e..., -'°s'e"•d.-. `c-cL C%C v'T%(JC.X.X.1'! ©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 XX (X ) 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 01203.0006/309294.2 4111 411 cly coef CITY OF RANCHO PALOS VERDES CONTRACT FOR: Palos Verdes Drive South Landslide Road Maintenance THIS AGREEMENT is made and entered this 4th day of October, 2011 by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as"City"and Hardy and Harper,Inc.,hereinafter referred to as"Contractor." WITNESSETH: WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference, and WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the Proposal, and WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility; NOW, THEREFORE,the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Palos Verdes Drive South Landslide Road Maintenance,as described in these Plans and Specifications,attached hereto and incorporated herein by this reference,including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications" or as specifically designated in the Plans and Specifications. In the event of any conflict between the terms of this agreement and any of the above-referenced documents,the terms of this agreement shall be controlling. The term of this contract shall begin December 1, 2011 and continue through June 30, 2016 with up to three (3) mutually agreed one(1)year extensions. 2. Compensation. In consideration of the services rendered hereunder,Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal,attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. 3. Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor is,for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against City. 4. Assignment. This agreement may not be assigned by Contractor,in whole or in part,without the prior written consent of City. 5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor,City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. C-1 � r • • 6. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 7. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare,vacation,pension and similar purposes applicable to the work to be done. This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request. The Contractor to whom the contract is awarded,and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract. This contract is subject to the provision of Article 1.5(commencing at Section 20104)of Division 2,Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than$375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor,for the response to such claims by the contracting public agency,for a mandatory meet and confer conference upon the request of the contractor,for mandatory non-binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 8. Suit;Recovery of Attorney Fees&Costs. Should either party bring any action to protect or enforce its rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys fees and court costs. 9. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from December 1, 2011 through June 30, 2016. Each July 1 the prices shall be increased by the Producer Price Index for Finished Goods for Los Angeles. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY OF ' • 0 07/S VERDES ,ji , By: i Chairman ATTEST: F By: P- _.--1-22‘24A,ed<k City Cler • CON - Har & : per By: 011,4 / Steve Kirschner, Vice President C-2 k•. , • • CITY OF RANCHO PALOS VERDES k-` INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE us AGREEMENT OR ANY OTHER FORMS THAT MUST BE TUMED INTO THE CITY OF RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. • 1. By an Individual. The individual must sign the instrument,and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnershi • The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures atures must be acknowledged before a NotaryPublic,using the proper form of acknowledgment. 3 By a Corporation. The name of the corporation must be set forth,followed by the signatures of the President • or Vice President and Secretary or Assistant Secretary The signatures must be acknowledged before a Notary Public,using in substance the following form of acknowledgment. i4 4. By a Surety. The name of the surety must be set forth,followed by an authorized signature. The signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment. STATE OF ) SS tf. COUNTY OF ) On ,20 ,before me,the undersigned,appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within-instrument,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. ;F-1 m� WITNESS signature and seal. .4 t. y gn • t Y: • V.r Notary Public Fes= (Seal) "3L... }.w _p C-3 Insurance Requirements for City of Rancho Palos Verdes } Public Works Contract •e Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and effect, ; ith an insurance company admitted to do business in California and approved by the City(1)a policy or policies of , road-form comprehensive general liability insurance with minimum limits of$5,000,000.00 combined single limit 'Coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers,employees,agents,and independent contractors in performance of services under this Agreement;(2)property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of$5,000,000.00;and(4)workers'compensation insurance with a minimum limit of $x=1,000,000.00 or the amount required by law,whichever is greater. The City,its officers,employees,attorneys,and olunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property amage,and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of,or equivalent to,A:VII by A.M.Best&Company. Any deviation from this rule shall require specific approval,in writing, from the City. 2. All insurance policies shall provide that the insurance coverage shall not be non-renewed,canceled, reduced,or otherwise modified(except through addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty(30)days prior written notice thereof The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. 5 r_: X, 3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such >•r insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 4. The Contractor shall submit to the City(1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement: Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto. .N .yl -dry. Y.a a.'Y• C-4 .l 5. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 14, 2011 before me, Jo-Ann Lyons, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person('whose name( is/09 subscribed to the within instrument and acknowledged to me that he/slit/they executed the same in his/her/0a authorized capacity(iel), and that by his/Ivor/00r signature(e) on the instrument the personO, or the entity upon behalf of , a,, which the person(S) acted, executed the instrument. ,1611-329 I certifyunder PENALTY OF PERJURY under ,,. the laws I �� of the State of California that the foregoing paragraph c��.���,1.� ��►t_�, ,-�►•.��,� _ is • �-=�:� true and correct. W ITN ESS and an fficial seal. Signature �I Place Notary Seal Above Signature of Nota Public OPTIONAL Though the information below is not required by law,,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Document Date: November 14, 2011 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ❑ Individual ❑ Individual . gl Corporate Officer—Title(s): Vice President 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General fiIGHTTHUNIBPAINT 0 Partner—❑ Limited 0 General RIGHTTHUlU18PINT ❑ Attorney in Fact OFSIGNER 0 Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here • Top of thumb here 0 Trustee ❑ Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: �'4_, r ��� .` c:`�o.�• y y -i,�.-a• .a+•-„ ©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 1 . •'I" , . 1 I e r CITY OF RANCHO PALOS VERDES f" { - BID SHEET 7 NAME OF COMPANY: Hardy & Harper, Inc. t To the Honorable Mayor and Members of the City Council: r t In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor,materials,equipment and supplies for the project identified as Palos Verdes Drive 7 South Landslide Road Maintenance in accordance with the specifications and plans in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: Palos Verdes Drive South Landslide Road Maintenance 1 Bid Sheet Type One Items of Work ITEM ESTIMATED UNIT EXTENDED r" NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1-1 4"Asphalt remove and 5,500 SF 4. 90 26 ,950. 00 reconstruct per location rt1 —500 SF) Per additional inch in depth of 2,000 SF 1. 00 2 , 000. 00 asphalt removal and replacement(1 —500 SF) 1-2 4"Asphalt remove and 5,500 SF 4. 10 22 ,550. 00 I' reconstruct per location (501-1000 SF) Per additional inch in depth of 2,000 SF 1. 00 2 ,000. 00 r asphalt removal and replacement(501 — 1,000 SF) 1-3 4"Asphalt remove and 5,500 SF 3. 60 19 , 800. 00 r reconstruct per location (1,001-2,000 SF) Per additional inch in depth of 2,000 SF 1. 00 2 ,000. 00 asphalt removal and replacement(1,001 —2,000 SF) 1-4 4"Asphalt remove and 4,000 SF 3. 00 12 ,000 . 00 rreconstruct per location (>2,000 SF) Per additional inch in depth of 1,000 SF 2 . 00 2 ,000. 00 r4 asphalt removal and replacement(>2,000 SF) 1-5 AC Cold Milling less than 3" . 5,000SF 1. 0 0 5 000 . 00 AC Fill less than 3" 5,000 SF 3. 3 0 16 ,500. 0 0 P-3 - -- ---- - - ___- . ._.....civ ,•v,NINv I 1-111L VJ; UJ 0 .ITEM ESTIMATED UNIT EXTENDED NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1.-6 AC Cold Milling greater than. 3"to 6" 5,000 SF 1. 00 5 000. 00 AC Fill,Freater than 3"to 6" 5,000 SF 4. 30 21,500. 00 1-7 AC Cold Milling greater than 6"to 8" 3,500 SF 1. 40 4 ,900. 00 AC Fill greaten than.6"to 8" 3,500 SF_ 5 . 00 17,500. 00 1-8 AC Cold Milling greater than 8"to 10" 3,500 SF 2 . 00 7 ,000. 00 AC Fill greater than 8"to 10" 3,500 SF 6 . 30 22 ,050. 00 1-9 AC Cold Milling greater than 1,0"to 12" 3.500 _ SF 2 . 80 9 , 800 . 00 AC Fill rcater than 12" 3,500 SF 7. 00 24 ,500.00 1-10 Skin.Faichin.g ILJp to 2" 50,000 SF 2 . 10 105 ,000. 00 1-11 Traffic Striping&Raised S EA 2 ,5 0 0. 0 0 _ Pavement Markers 20 ,0 0 0. 0 0 1-12 Full day flagging operation 8 EA 1 ,800. 00 14 ,404. 00 1-13 Half day flagging_operation 8 EA 900. 0C 7 ,200. 00 1-14 Changeable Message Sign. 5 EA 150. 00 750 .00 1-15 Fl.owable Fill (sand/concrete 20 YD 5 0. 0 C 1,000. 00 slurry) Subtotal Type One Work 371,400 . 00 P-4R ' . • .. ' 4 , 0 • i ‘ rm t Bid Sheet Type Two Items of Work ITEM ESTIMATE PRICE EXTENDED r NO. DESCRIPTION _ QUANTITY UNIT UNIT AMOUNT 2-1 Laborer 200 Hours 75 . 00 15 ,000. 00 2-2 Backhoe with operator 100 i Hours 100. 00 10 ,000. 00 r 2-3 Roller with operator 40Hours q 5_ n3 ,200. 00 1 2-4 Skip loader with operator 200 Hours 110. 0 0 22 ,000. 00 2-5 Laborer with Dump Truck 160 Hours 90. 0 0, 14 .400_ 00 7 , 2-6 Sidewalk Grinding Crew 200 , Hours 20. 00 4 ,000. 00 2-7 Bobcat with operator 75 Hours 100. 00 7 ,500. 00 2-8 Bobcat with operator and 50 Hours 110. 00- 5 ,500. 00 L grinder , 2-9 Sawcut Truck with 100 Hours 100. 00 10 ,000. 00 r . operator 2-10 Paving machine with 50 Hours 150. 00 7 ,500. 00 Operator 7 2-11 Screed Operator 50 � 85. 40' Hours 4 ,250. 00 2-12 Forman 100 Hours 85. 00 8 ,500. 00 + 2-13 Vacuum Sweeper 25 Hours 125. 002 3,_1_ 5. 00 " ' 2-14 Pickup Truck 10 Daily 200. 00 2 ,000. 00 • 2-15 Crew Truck 10 Daily '200. 00 2 ,000. 00 2-16 Compressor with 901b 20 Hours 20. 00 400. 00 rl hammer r Subtotal Type Two Work 119 ,975 . 00 r L r r r r r . P—5 1 • f Summary of Work ,i, Subtotal Type One Work 371,400. 00 Subtotal Type Two Work 119 ,975. 00 (719 Total Base Bid Amount 491,375. 00 Total Base Bid Amount in Words: riq Four Hundred Ninety One Thousand Three Hundred Seventy Five Dollars and No Cents c. NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as a comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either and increase of decrease form the quantities given in the Proposal Bid Sheets,the Contract Unit Prices will prevail. Increases or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications. Full compensation will be paid at the contract price for the actual work completed, and no additional compensations will be allowed therefore. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed. No compensation will be allowed for disposing of rejected or excess material. The City reserves the right to reject all bids and to increase or decrease the amount of any rquantity shown on the Proposal Bid Sheets. In case of a variation between the unit price and the totals shown bythe bidder,the unit price will be considered to be the correct bid. The remainder of this page has intentionally been left blank rut I P-6 • PREMIUM;s FOR CONTRACT 7 • AND IS SUBJECT TO ADJUST BASED ON FINAL CONTRACT PRICE Bond No. 0572645 This bond was executed in two(2) identical counterparts. PAYMENT BOND (LABOR AND MATERIALS) 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: Palos Verdes Drive South Landslide Road Maintenance 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 270, 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 Four Hundred Ninety One Thousand Three Hundred Seventy Five and 00/100 Dollars($491,375.00 *********** ),this amount being not less than the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,executors,administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is broughtupon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications hereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. C-5 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: November 9, 2011 "Principal" "Surety" Hardy & Harper, Inc. International Fidelity Insurance Company •1, . / By: •I 4 By: Steve Kirschner V.P. w Attorney-In-Fact � j� Dwight Reilly, Attorney In Fact By; By: Its Kristen S. Paulino 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 must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. • C-6 1 1 ` • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 14, 2011 before me, Jo-Ann Lyons, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stcve �{'�r finer lVathisCf o'f'Signer(s) Kristen S. Paulino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hVi a/they executed the same in t ' /their authorized capacity(ies), and that by fids/lier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I r certify under PENALTY OF PERJURY under the laws w - of the State of California that the foregoing paragraph is t�.�i�lt'� , � 1. _' _ -, true and correct. WITNESS end and icial seal. Signature 40 '— Place Notary Seal Above Signature of Notary P lic 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: Nov-enalaPr 9, 2011 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 . gE Corporate Officer—Title(s): Vice President id Corporate Officer—TitIgfiP Secretary ❑ Partner—❑ Limited 0 General A(GHTTHUMBPAINT 0 Partner-❑ Limited 0 General R(GHTThUMBP ❑ Attorneyin Fact OFHINT 0Attorney in Fact OF ❑ Trustee Top of thumb here Top of thumb here ❑Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑_Other: • Signer Is Representing: Signer Is Representing: I tardy&Flerper,ham. Hardy&Harper,Inc. ..,•J �/-ya�y"y;��•!-r/Q�✓"✓ �/"✓'"•/��!'�J' •✓`y-✓•-•✓.•'✓•-.t !``t/�/�lf'��f'`Sr•''.S/'✓ •✓'�/•.1!/, s',/•".9/�'•J'.e'•✓`.L/"�/'S+"✓ •✓ ✓'j�S ©2007 National Notary Association•9350 Oe Soto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402•www.NationalNotary.org Item 115907 Reorder.Call Toll-Free 1-800-876-6827 0 II , , . , ACKNOWLEDGMENT State of California County of Orange _ _) On November 9, 2011 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 persons whose name(S) is/arg subscribed to the within instrument and acknowledged to me that he/ahy executed the same in . his/lir authorized capacity( ), and that by his/htteir 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 f COMM #�934229 �^ WITLESS my hand and official seal. (;',.;1,—:.:',.:,.,.(1;1134: � �. G �No:ury PuF tic-Caionia i�C?�NGECCUN�'YM,? 29.2015 X. �, Apr�,. �' My Comm.Expires p Signatu Ld _ (Seal) .usan Pugh 44 • • • • • ORP4TE;, ... INTERNATIONAL . . . . . . . .... .. COMPANY .:....... ROME OFFICE ONE NEWARK CENTER 20TH FLOOR .. . .. NEWARK NEW JERSEY 07102 5207 KNOW ALL •••• • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEN i3Y•THESEF.RESENTS:. Thai'INTERNAtIONA$,.::FIDEITY.:Its,T.S.VgANCE COMPANY, a corporation organized and existing :•:: laws of the State of Ne*JerseY,,::and'having:its principal office in the,City.of Newark,New Jersey,does•hereby constitute and..appoint •.• . ... .•. , . .: .• : . . . . DWIGHT REILLY, :'•::ARTUR,Q.AYALA, DANIEL HUCKABAY • •.: •,,,, . : •Orange, CA. s'•:: ::-•. :,•:: :.• .• .• ... ... ....... ....... ...... ...,..... ..... .. ....,...:...... ...........:.:...7.... ........ ... .... .....,.................... ............ .............. its true and lawful attorn.ey(s)Hin-fact.to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and. -1: Other writings obligatory in the nature thereof,which areor may be allowed,::required or permitted by law,stature, rule, regulation,contract or otherwise.,and ..,the execution.:1..of:stiCh::::instrument(s):: in::piirstianteofthese presents,:.shall :be.:.aS binding upon the said :INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes,as if : •.' .. the same. had:been duly executed and acknowledged by its regularly elected:officers:at its .. . „ • :::..:. .::..., office, This::Powerl:'of Attorney,is executed,and May be revoked,pursuant10:.and by authority of Article.3-Section 3,of the By-Laws adopted by the Board of •:::...Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY.ata meeting called and held on the 7th day of February, 1974, • - The'President:orany:ViCe'President,Executive Vice President,Secretary or Assistant•Secretary,:shallha*e.power.and..authority• •:::(l)To appOint,AttorneyS-in-faCt,:arid to authorize:them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,:contratts.pf.:inderrinity.:;and-other writings obligatory.,in...the nature thereof and, (2)To remove, any such attOrney-in-factand revoke,the'authority:given, ::'• Further,:this POwer.of Attorney is-isigtiediand sealed. bY:.facSitnile:PursUant to resolution of the Board of Directors. of said Company adopted-at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officersandthe seal of the:,Company may:be:affixed:to any such power of attorney or any certificate relating thereto by facsimile,and any such of attorney or..certific*te:hearing.:such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any Such..:power.:So.executed and certified by:facsimile signatures and fa0simile seal shall be valid and binding upon the.Companyin the future with respect to any bond or undertaking tos which it is attached. :• •,.. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has causedthis instrument to be ;E• i'signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,AD:2007. N • • • •• •••• • •• :•• • • .1 • •• • •• :• • .• ••• • • •'.. ••••• • • • •• •• • ••• INTERNATIONAL FIDELITY INSURANCE COMPANY • . • • . . ” • . rri •.::•••••: •: • • :• .• .• •-..• : STATE OF NEW JERSEY . • :: :• . • Gt.,*/ •:: )1%- • 11, • .. : : • - Secretary On this 16th day of October 2007,before Mel came the:individual who:executed the prec.edingiinstrutnent, to me personally:known, and,_being by me duly sworn,:'said the heis.:the theteitt,deScribed and authorized officer of the.:;. ;INTERNATIONAL FIDELITY:INSURAIICE COMPANY;that the seal affixed to ..; said instrument is-the.CorporateSeal of said Company;that the.•:saidCorporate.:Seal and hiS'signattire'Were duly affixed;by order of the Board of Directors of • said Company. • • ."...• :• • • . • -•:: : :E .. E.: E •E . . . . E 1..1.. VAZtr°A!di. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,!New Jersey'the day 10dyear first above written::: :•.: :•01.:4?7*.<(*. :::• :::• •.• : : .•:: i• : • • .: • .:. . • ••. •• 04• • • • • : • . . : : • ••• •:: • • • . . • :: .• . • • •• -• •: ah, • : ... :. • •:. • .• ••••, • ,, CV: :E.E E:E '• •E E.' • • : A NOTARY PUBLIC OF NEW JERSEY : : • :. MCommission Expires March.27,2014 .1. ::::::. • • v - • the undersigned officer of INTERNATIONAL FIDELITY INSURANCE,COMPANY.do:hereby certify that I have compared the foregoing copy of the • • Power of Attorney and:affidavit,and the eopy•ofthe Section of the By-Laws of said Company as set forthiin,:said Power of Attorney,with the ORIGINALS ON. IN THE:HOME:OFFICE OF SAID COMPANY,and that the same are correct:transcripts thereof,and of the whole of'the said originals,and that the said Power of Attorney has not bee.n revoked and is now in full force and.effect:: IN TESTIMONY WHEREOF LhaVe:::herettritO.:Set:'my hand this 9th day of November, 2011 . : .• :•••••.•.:.: ••••• •:: . . . . . . . . . . . . .. . . . . . . . . . . . . . . • . . . . . . . . . .• . . . .. . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . •• : •• •• .• • • •: . . . • • . •• ••• . •• • . • ••• .• • ••• •.• • •• • • •• • • •• ••• • ...• . . •• •••• •• -• • • • • •• .•••••••...•• •••••.•.. ..•.• . • . ..• • •• . . •.. .• •• . . • .. . ...•. . • .• • • • •••• •••. • .• •• .. • • .. . . . . . . . . .. . . . . . Assistant Secretary f 1 .447444.1 {: ‘‘e,rt';.P,VA1 This bond was executed in two(2) identical counterparts. Bond No. 0572645 Premium: $4, 922.00 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: Palos Verdes Drive South Landslide Road Maintenance WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 270, San Diego, CA 92128 (Name and address of SureW ("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 Four Hundred Ninety One Thousand Three Hundred Seventy Five and 00/100 Dollars($491,375.00 ******** ),this amount being not less than the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers,agents,and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. C-7 111 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: November 9, 2011 "Principal" "Surety" Hardy & Harper, Inc. International Fidelity Insurance Company 4,40°' Awl," By: .� Its , teve Ki er, .P. Its Dwight Reilly, Attorney-In-Fact By: By:. Its Kristen S. Paulino 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 must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. C-8 1110 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 14, 2011before me, Jo-Ann Lyons, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) Kristen S. Paulino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) a/are subscribed to the within instrument and acknowledged to me that he/s /they executed the same in Ws/kW/their authorized capacity(ies), and that by his/ r/their signature(s) on the instrument the person(s), or the entity upon behalf of =Y= _ a� :_ .::. which the person(s) acted, executed the instrument. 1 r'_f ` I certify under PENALTY OF PERJURY under the laws ,7 _ of the State of California that the foregoing paragraph is ;��1�i1 � . i. true and correct. WITNESS hand and icial seal. Signature Place Notary Seal Above Signature of Nota Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: November 9, 2011 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 • . P9 Corporate Officer—Title(s): Vice President Corporate Officer—TitlR ?Secretary ❑ Partner--❑ Limited 0 General AIGNTTHUNIBPRINT 0 Partner—❑ Limited 0 General AIGHTTHUlL1BPAINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee 0 Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. ©2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402'Chatsworth,CA 91313-2402•www.NationalNotary.org Item'6907 Reorder.Cali Toll-Free 1-800-876-6827 410 110 ACKNOWLEDGMENT State of California County of Orange ) On November 9, 2011 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/ar subscribed to the within instrument and acknowledged to me that he/ y executed the same in his/lwrithtir authorized capacity(W, and that by his/h&their signature(g) 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. .-- ,-"MSUSAN PUGH • G(?m!17.#1934229 cs ` ~t {_''� Notary Public-California ORANGE COUNTY Signature -�- = riiY Comm.Expires Apr 29,2015 SusVJ442.4A Pugh ':',..!...l:'..,:-;:....,:i,...!:!,:::.-.!.'!.':...:•.;•:1'1:...:..!.,!..:'.':..,.'!'.Tl4:..f.:'...;;.'.'1,,C..1?•.!•.''''....:.'':.':''_':''i...::-.::'77;tlp.'' iii#.):„..:::'•:...!.;: ,::::::.•':-.:!..;:.,,;.!:.:..:',.•::.:!::;::•...-.:'::•_.!-.:..•':-..':,. .:!...:;.:: ::,:,......':'..:L':-':'::::.-:'„:'!::...'.-.:.:.:-.'-.:.:::.:':,!,':::.:''::)!:.:!....'.;'i:3::..I..1::..:.-:.:.'...:'!!:::.'j' WER....--ov,-ArroRNE,,:..... ..:41,..,„,::::,- :i,...::::::::::::-...,........:,......:„ • - .- --- — .-- -...-- •• -.- -.-- ...-.......-...:.:::....;:"....,.,:::!:::....-...;::.•:$:::-.-.....::::::::.s., .........-..-.......:::INTERNATIONAL'FIDELITY:-:::1NSURANCE:COMPANY:::—... -..--- ..:::::.... ...:.... .,... ..:. .. .:,.:...., .......::: .:.: ..:.:. .:.. ::. .......... :..: .::...:.: ...: .. ... ...: .• ..::... .::.... .:... .... .. ....... ... ...: ..,•.. .:•.., .:. :•. ... ..:.:.:.:, .... ... •....,.. ...‘ ::.•. : ..,•..... ..:-.... ......... .... ..: :.:- .. :.-:. .......:: ..:'.....: -.... .. ..... -.: ....: ... .....: ...-.. ... ... :. ..... :.: ..... ...,..: ....: ::...... ... :.... ... ... .... ... ..: .. :.. .. .. .... :. ... .. ....... ... ... ....: ... .. ... ..... ... ...... .. .......„ ::.-::::::::::..........,.: ,:: :.....:.•........ ..:::.....:-........:.::-..:....., -.....-.:::......,....-..,-:-... ..........,:::.:....- HOME OFFICE ONENEWARK,cENTER,20TIV'PLR'...-• .:::.•.::-:::..-:-. --.:•:".-:.......::-:....:•:,. -::. ----:...-•:::...::- -•:.--......••••:.- :.:.*::.....,..-.:-.-•,..:-.•.'::...- :......-.....:.......,.......... .:............... ........................ .„ .....,...,.................... .....• ..., ..,...•.....:.. ...........:.......... ........ ........:.. ..... .....,:, ......... .. ........ ..... ... .., .....:..OO.:. . ..... ..... .., ..:......., :. .....: ....:,:..... . ....:. ,.. ..... :,..... ..::. ...:... . ::.•-•::::.•.:•.. :::•:....H.:. ::.;-...'....•:-::::::::::-...1..1::::-...:-....:•1;:.:....-.:.:.......1.:•:-.1.:.... •:.::::"..., -.-:''......::-..----.1:......:•••:...-.: :::-.•••:::..:::::::-......-.::. NEWARK NEW TERNEY....'()7102-5.207. -:::-....... ::::, ::.. ...., ,....-...,: ;:... .............::. -:::...:,.:: ::: -.:....:. ..,. .::. ...:::,..::-..: :. .,... . „:.: .:..:: ...:. :. .:, :. ,, .:., „. •,:. , ... ... .: .: .:: : ..:.: .:..::. . ., ::. . . . ..: .:: ..: . ,i :. .:. .,.. , ., .: „ .: : . . .: : : :: „ .. KNOW ALL.:.MNBY.TIISE.PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing :::::•:i laws of the:State of NeWiJerseY,.:And:having:its principal office in the City of Newark,New Jersey,does hereby constittite•and.-appOint -..:: ...: .::- .s..:. ... .i: .• ...s, ..:, ........:....J._:....::—.......-....................•.....:.....,, ...,..-.....,.....•.....:............,...:....,:.....,...:...............,......................:........,.............. ,. .. . .: . . . . ... .........,...,....,..,..........,.........,... . .. . . . . : . : : ',L...:...::.:1•• 1..:::...D.WIQI-JI:.RILLY,•::::.ARTURCs AYALA, DANIEL'1.-IUCI(IV3AY„.:: . • ... • • • . "• • • •• • Orange, CA. ::...::.. ..:,,.•.•:...,--:• :. .: ..• ::-..:,.:: ::: .,,,.:.: ....•:: '.:.:-.:. :::•.. . .. . ..: •... . , • . : :.::::: :•:.- •,.....•,..,..-.::......-.:....•:.,:....:.,:....,..,•.•.•.....................................................,....,.............:......:.:.............,;:...:•.:.,.;... : :: :: ,. , . . . •., : . , , . : • — . . :: : ••:: its true and lawful attorney(s) in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other WritingS,Obligatory::in:thenatiire thereof,.Which are or May,be allowed,required or permitted by law,stature, rule, regulation,contract or otherwise,and .:the execution of such instrument(s).• in-•pursuance of these presents,::shall•-:be-:as bindingupon the said INTERNATIONAL FIDELITY INSURANCE ... :..:.•.•:•'.. COMPANY,as fully and amply, to all intents and purposes,:as if the.Same.had been duly executed and acknowledged by its-regularly elected officers at its • principal office.:.:.::.::::-. ::' -::• .::• -::: .• -. -,. • • -• . . ,:' . , . . This Power of Attorhey is executed,and May be revoked,coUrp4pt:'to.and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of :•': ::.: '' Directors of INTERNATIONAL FIDELITYINSURANCECOMPANY. at a meeting called and held on the 7th day of February, 1974. ..::-.-...:.•::.:.•-.The'President,or any Vice President,Executive Vice President;.Secretary or Nssistant.Secretary,shall have power and authority . _ • ..:(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and '-:...:..„:•.:-:•.:::. -':. undertakings,contracts of.indemnity and other Writirigs.obligatory in the nature thereof and, .-. ••.- .•, •:::-.:•-:. .. (2)To reffic.vP;::-.Atany::titne,..any-such attorney-in-fact arid revoke the:authority:given. :: ::: : .. . • . •• Further,this Power of Attorney iSisignedand sealed by facsimile pursuant to resolution of the Board of'Director's of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the followingis a true excerpt: - • • : •-:::•': '::.::::::•:'Now therefore the signatures of such'officers:and the seal of the Company may'be.affixed.to.any such power of attorney orany certificate relating thereto by :•::... : ::.::-: facsimile,and any'suchipOwer of attorney or Certificate-bearing sucfr:facsimile signatures or facsimile seal shall be valid and binding upon the Company and any Siich..:poWer:s0 executed'and::certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond:or undertaking to which it is attached. .•, i• :,, :-, .: • : • . . _ . . - : it•-.. -s..:•;.::...,:_1.'cliTY:fki,•.... ..:: ....i IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrumenttobe . • :. .:::.:::: : 4i,,NO''' •.. !..-7gee-:: signed and its corporate seal to be affixed by its authorized Officer,this 16th day of October,A.D.2007. . • 0:0Reot $:.. :::: :: :: ::::: • : .: . . :. . : .: • . . : - • .. . COMPANY ::. ::::: --•.- l_gir:: - ,;14: lb,::::,0,:: ::.: . ••• •: .• • .• • . : :' ••. ... :: INTERNATIONAL FIDELITY INSURANCE C 7,. SEAL...7— - • • c,.. ,:.: •::-... ...:.. rrs ...- .• .. : i.tiltstic . i .,...,: :STATE..OF:NgAr,JER.SEYT: .... .• .: -., . .• .:.: : .:•. . . , •: . ... . . .. . : ._ . . . 14.i.;r7--- - ,(zt...- : :Hcotinty-OfEssek:. :,. ..:: • • :::. ..: :: • . .' • . ,., . - . . . - .: . , 1 1.:' .". ':. ':•• #4.H.: - JEcttc2'.. '4:: : '' - :. •' :•: • ..: ' . ' •:. • ' .. . • • • • - . :::' :' '' ''.:'''.-..)1,4/1.. •..1011° :. •' .:' :: . : ..: :: .. .• .. '•: • . • - .. '• - 1 • :• • .::.:---•::. :-E::.:::,: .:.---: -''f .1'....• l` -...- .: :••-,-. : : - ::• : . • .. .ii • - • „. . ', .. . . . • . Secretary ' , •• • • • : - : •• - - • • : • • : • • • - ..::•:' ::, .:: ::-Ort:,.thi$:.I6th:..day:of October 2007, before' me came the individual who executed the_prec.edingitnstrument, to me personally•known,and,being byme duly . . -. sWOrn;Saidtthe he is the therein described and authorized officer of the::: :INTERNATIONAL FIDELITY INSURANCE COMPANY;that:the:seal affixed to ..-,. . ...::.::.:.::::..Said instrument is.•the..CorpOrate:Seal of said Company that the said Corporate Seal and his:signature were duly affixed by order of the Board of Directors of ... .. . . . . saidiCompany.:: ..: ... -::: :'-,: '_ .. . .• . ,. ,.. . ,:: .. . .:. :, • .. : .::::: •::::::-.' ::: ,...••:,-04 iolitato ::•• :,:* . : :::• ::: , , • .: . • ... , :: : :,. .. . . : : : ,. . • •• • „0 t. --::7-14i, • : -.; ..: : . .:: .. , '..::. .......... . 1.0:,...iVir VAZ... .'41.#,..::.: :::IN TESTIMONY WIJEREOF;.I.haie hereunto set my hand affixed my Official Seal, :-:: :.:•...::::. :::.'44 '1$:.t.„..-4:'-""...7..41..'<,,,,-..!:`...:.:. .::: at the City Of:Newark,New Jersey the day and year first above written.: • ... . . . .•,..:is .::, ::! ,. .;(:.,•,..;'0'T.,.4.0p.7.;_::,f___,-.,%:.::... i,. .:. .:.: :::, ,.. :, •:: ,,, .:.•... ,• :, .. , .: :, .:,• ,• .,, .. '. . .• . 1.•,..:,. i7. N'PH: ii:. : r•.71i17-rn 1. i... .::- i. '• :i: ' . ' . . ': :: : . , . -....:: . ... :- - .- :: :..• * :.. .1::.—:.::.... ;litii;'-*.,440::. 1. ,1::-..40-.:I.... .'.)4..';.;.,......:::;4) ,:f... sH. .. .1 ....': ::. •.:.' : . •:: .: H .-:. ...' . . ... .-: •'. . • . . ..• • ". : - ' ...i...::.:A I.,.:...v..12Vot.:::,,,: 4:: ::: : . .. : . .: . .• .: : . • : ille ::.?°''' '.:O.I7:11-scAtill'i.:...*'::$t*H#....:1":-4.4":'''s::#4:41::i.'!: . ' :: .. .::: .:::::: ::.::::. :.:'''.'14,,,,:.,..:!:.: "‘lae.:—.,.:if.iii%O.:::... . • .:::. .. ..:. :• •• .: . . :. ..... . .: :. .. : .„ '.. :: :, A NOTARY PUBLIC OF NEW JERSEY .- •• ": --**...i.tio, :.. ::.. . .. My Commission Expires March. 27,2014 : :::::,':':: :- •:::''':--:: ::-:•:'''::::- :.::::: :. :::••:::. ::,H:: : ::•' . ... ..,:'•' •• l• " .. .:.-1..CERTIFICATION•' -...• •:• - . . : :: .-i :.:i.•;• .:::.• I,:the:undersigned'officer of INTERNATIONAL FIDELITY INSURANCE',COMPANY do:hereby•certify that..i-have-compared the foregoing:copy of the .. .. .. • .. . . . . :: ..i• 1:- .: Power of Attorney and affidavit,and the copy::of.the Section of the By-Laws of said Company as set forth in said Power of Attorney-,with.the ORIGINALS ON :,•IN.THE:HOMFOFFICE-OF SAID COMPANY,and:that:-the same are correct transcripts thereof,and of the whole of the:Said originals,and that the said Power .• ::.of.Attorney.:baS:00t,been revoked and.:is.:.0.ow.:i0-full'force and :•:::.. ::- .-,:. :.....:..:: :::::.: ..: :.. .: :. .. . : ::: : ::: :.: : :: .: . .- .:. . . . ,. . . . :... z...::•..:::.:--:::: IN-TE$TIMONY'.EWHEREOF,I'ha*e,bereOtit.0.::-:seti:my hOct:this....:.:::::.19tb:.... 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