CC SR 20160315 M - Second Amendment to Hardy & Harper Agreement Roadway MaintRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/15/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve a second amendment to the agreement
with Hardy and Harper, Inc., for roadway maintenance.
RECOMMENDED COUNCIL ACTION:
1. Approve the second amendment to extend the agreement with Hardy and
Harper, Inc., for roadway maintenance services for one fiscal year, effective July
1, 2015, to June 30, 2016.
FISCAL IMPACT: Funds were appropriated in the FY15-16 budget for this work
Amount Budgeted: $245,000
Additional Appropriation: None Requested
Account Number(s): 202-3003-431-43-00
ORIGINATED BY: Nadia Carrasco, Assistant Engineer
REVIEWED BY: Michael Throne, Director of Public Works
APPROVED BY: Doug Willmore, City Manager,.-
ATTACHED
anager:
ATTACHED SUPPORTING DOCUMENTS:
A. Hardy and Harper Contract for Roadway Maintenance Fiscal Years 2009-
2010 through 2013-2014 (page A-1)
B. First Amendment to Agreement with Hardy and Harper for Roadway
Maintenance FY14-15 (page B-1)
C. Second Amendment to Agreement with Hardy and Harper for Roadway
Maintenance FY15-16 (page C-1)
D. Third Amendment to Agreement with Hardy and Harper for Roadway
Maintenance FY16-17 (page D-1)
BACKGROUND AND DISCUSSION:
The City Council awarded a Maintenance Contract to Hardy and Harper, Inc. in May 2009
for the purpose of providing roadway maintenance services. Some of the services
included in this contract are:
• Patching potholes
• Storm drain inlet and outlet maintenance
• Sidewalk maintenance
1
The original contract (Attachment A) in the not -to -exceed amount of $559,000 annually
for each fiscal year had an initial term of five fiscal years with the option for the City and
Contractor to mutually agree to extend the term up to an additional three (3) one-year
extensions. Accordingly, the original contract expired on June 30, 2014 and the first
amendment (Attachment B) was awarded on August 19, 2014 for one fiscal year with an
expenditure limited to $245,000. Roadway maintenance along the landslide area was
eliminated as this work is performed through a separate roadway maintenance contract
which was awarded in October 2011.
Hardy and Harper, Inc.'s roadway maintenance prices have remained consistent and
have not increased since the City executed the roadway maintenance contract in 2009,
despite the fact that the contract allows for a unit price increase per the Producer Price
Index for Finished Goods for Los Angeles. The quality of the work they perform is
outstanding, and the timeliness of the services they provide is exceptional. Staff does not
believe that advertising will result in lower prices. Furthermore, advertising this contract
will cause significant delays in the performance of roadway repair work.
Accordingly, Staff recommends the City Council approve the second amendment
(Attachment C) to extend the term by one fiscal year through June 30, 2016, in
accordance with the current agreement in an amount not -to -exceed $245,000. The
expenditure amount under the contract (including five years of the original contract, the
first extension and assuming the entire budgeted amount of $245,000 for the second
extension were to be spent) would now total $1,303,910.
As an alternative to the Staff recommendation, the City Council might also approve a third
amendment (Attachment D) to extend the term for one additional fiscal year through June
30, 2017, in accordance with the current agreement in an amount not -to -exceed
$245,000. Execution of the third amendment would be contingent upon approval of the
FY2016-2017 budget and the inclusion of a budgeted amount of $245,000 specifically for
the work covered under the agreement. This would bring the total amount under the
contract (including five years of the original contract and three extensions) to $1,548,910.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council's consideration:
1. Direct Staff to advertise this contract to receive new bids.
2. Approve a third amendment to the agreement for one additional fiscal year
through June 30, 2017, as described above.
2
Attachment A
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
Roadway Maintenance for Fiscal Years 2009 – 2010 through 2013-2014
THIS AGREEMENT is made and entered this—
day of May, 2009, by and between the CITY OF
RANCHO PALOS VERDES, hereinafter referred to as "City" and Hardy & Harper, Inc., hereinafter referred to as
"Contractor."
WITNESSETH:
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this
reference, and
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the
Proposal, and
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW, THEREFORE, the parties hereto do agree as follows:
Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials
for the project identified as: Roadway Maintenance for Fiscal Years 2009 –2010 through 2013-2014, as
described in these Plans and Specifications, attached hereto and incorporated herein by this reference,
including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner,
under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition
of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association
and the Associated General Contractors of America, document entitled "Standard Specifications." In the event
of any conflict between the terms of this agreement and any of the above -referenced documents, the terms of
this agreement shall be controlling. The term of this contract shall be five (5) years with up to three (3)
mutually agreed one (1) year extensions.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the
prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications
and in accordance with the Special Provisions.
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.
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.
A-1
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.
Suit, Recovery of Attorney Fees & Costs. Should either party bring any action to protect or enforce its rights
hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its
reasonable attorneys fees and court costs.
9. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from July 1,
2009 through June 30, 2010. Each July 1 the prices shall be increased by the Producer Price Index for
Finished Goods for Los Angeles.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
CITY OF hIO PAL E DE
By:
Chairman
ATTEST
LIM
v:
Clerk
Ste -Te Kirs4hRi Vice nreskdent
A-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�.A•—
State of California
County of
On Ora More me,
Date Here Insert Name and Title of the Officer
personaily appea0ed Jo -Ann Lyons, Notary Public
Name(s) of Signer(s)
Steve Kirschner
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person* whose name(o is/am subscribed to the
within instrument and acknowledged to me that
he/side/illy executed the same in his/6r/tftr authorized
capacity(io), and that by his/ker/tOW signature(o.on the
instrument the person(4), or the entity upon behalf of
which the person(,►) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y i nd and�fiall seal.
Signature
Signature cl Notary ubtic
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
❑ Individual
Corporate Officer — TitleNve Kirschner
71 Pnrtnar — n I imitarl r /.cnornl
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Contract
June 2, 2009
rnun'rownavr
OF
SiGNEh
.• of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
.• of thumb here
02007 National Notary Association- 9350 De Soto Ave.,P.O.Box2402-Chatsworth,CA91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
A-3
-ANN LYONS
COMM. #1841329
EJO
Notary Public-CaliforniaORANGE
COUNTYy Comm. Expires Apr. 17.2013 (
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person* whose name(o is/am subscribed to the
within instrument and acknowledged to me that
he/side/illy executed the same in his/6r/tftr authorized
capacity(io), and that by his/ker/tOW signature(o.on the
instrument the person(4), or the entity upon behalf of
which the person(,►) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y i nd and�fiall seal.
Signature
Signature cl Notary ubtic
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
❑ Individual
Corporate Officer — TitleNve Kirschner
71 Pnrtnar — n I imitarl r /.cnornl
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Contract
June 2, 2009
rnun'rownavr
OF
SiGNEh
.• of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
.• of thumb here
02007 National Notary Association- 9350 De Soto Ave.,P.O.Box2402-Chatsworth,CA91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
A-3
CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS
VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
I . 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 prover form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of
the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership.
The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment.
3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President
or Vice President and Secretary or Assistant Secretary. The sig!2atures must be acknowledged before a Not
Public, using in substance the following form of acknowledMent.
4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures
must be acknowledged before a Notary Public, using the proper form of acknowledgment.
STATE OF
) SS.
COUNTY OF
On , 19 , before me, the undersigned, appeared
known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the
corporation that executed the within instrument, and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
,GREEMENT 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:
Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(conunencing with Section 1720) of the California Labor Code relating to public works and the awarding
public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
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.
Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial
Relations for the work or craft in which the worker is employed for any public work done under the contract by
Contractor or by any subcontractor.
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.
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.
Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties
for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcon-
tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in
any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part
7, Chapter 1, Article 3 of the California Labor Code.
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the
payment of compensation to its employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I ill comply with s h
provisions before commencing the performance of the work th co ac ."
JJAA
-ite Signature KVAIV
Steve Kirsc — Vi e President
M
PAYMENT BOND EXECUTED IN DUPLICATE
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No.
0495252
PREMIUM INCLUDED ON
PERFORMANCE BOND
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Hardy- mer, Inc., 1312.11.
Warner Ave. Santa Ana California 92705 ("Principal'),
(Name and address of Contractor)
a contract (the "Contract") for the work described as follows:
Roadway Maintenance for Fiscal Years 2009 —10 through 2013-14
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment
of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY
13400 SABRE SPRINGS PARKWAY, SUITE 270, SAN DIEGO, CA 92128-4198
(Name and address ofSurel)9
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, arc held and firmly bound
unto the Public Agency in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND SIX HUNDRED SEVENTY
Dollars (S 559,670.00---------------------------------- ), this amount being not less than fifty percent (50%) of the total
contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION 1S SUCH THAT, if the hereby bounded Principal, his, her or its heirs,
executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section
3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work
or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the
Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation
shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to
give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon
this bond, Surety further agrees to pay all court costs and reasonable attorneys' Pees 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 terns 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
M
each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to
authority of its governing body.
Dated: MAY 29TH, 2009
"Principal"
HARDY & HARPER, INC
By: A-"-
Its Steve Kkrgchne,'—V ce- Pres,,
c
By:
Its Kri Leri s Paulino
Corporate Secretary
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
"Surety"
INTERNATIONAL FIDELITY INSURANCE COMPANY
B
Its DWIGHT REILLY
By:
Its
ATTORNEY-IN-FACT
(seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note: 77ds bond must be executed In duplicate and dated, all sigxalures must be notarized, and evidence of the authority of any persan signing as
attorney,in fact must be attached
Bond No.
A-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - - -- ,..
State of California
County of Orange
On before me, to Ann I ins, Notac F►fblic-
() t nsarl Name and the of Iho Officer
personally appeared St,este 16rsrbnar
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) yrs/are subscribed to the
within instrument and acknowledged to me that
WgM/they executed the same in IttRIW/their authorized
capacity(ies), and that by �*Wtheir 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 y nd and - ial seal.
Place Notary Seal Above Signature Signature of Net 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: Labor and Material Payment Bond
Document Date:
29, 2009 Number of Pages:
Signer(s) Other Than Named Above: Dwight Reilly
Capacity(ies) Claimed by Signer(s)
Signer's Name: stpvp Mmnhner
❑ Individual
l!� Corporate Officer — Title(s): Vice President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy arper, nc.
2
Signer's Name: Kristen S. Paulino
❑ Individual
XCorporate Officer — Title(Qiffg. Secretary
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is RepresentOgr
02007 National Nolary Association - 9350 De Salo Ave., RO. Box 2402 -Chatsworth. CA 91313-2402 • www NaticnalNolary org Item Y5907 Reorder Call Toll -Free 1-80A�Ea
JO -ANN LYONS
COMM. #1841329
yV
a Notary Public -California _
ORANGE COUNTY —
My Comm. Expires Apr. 17. 2013 (
Kristen S. Paulino
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) yrs/are subscribed to the
within instrument and acknowledged to me that
WgM/they executed the same in IttRIW/their authorized
capacity(ies), and that by �*Wtheir 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 y nd and - ial seal.
Place Notary Seal Above Signature Signature of Net 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: Labor and Material Payment Bond
Document Date:
29, 2009 Number of Pages:
Signer(s) Other Than Named Above: Dwight Reilly
Capacity(ies) Claimed by Signer(s)
Signer's Name: stpvp Mmnhner
❑ Individual
l!� Corporate Officer — Title(s): Vice President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy arper, nc.
2
Signer's Name: Kristen S. Paulino
❑ Individual
XCorporate Officer — Title(Qiffg. Secretary
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is RepresentOgr
02007 National Nolary Association - 9350 De Salo Ave., RO. Box 2402 -Chatsworth. CA 91313-2402 • www NaticnalNolary org Item Y5907 Reorder Call Toll -Free 1-80A�Ea
State of California
County of ORANGE
On MAY 29th, 2009
ACKNOWLEDGMENT
before me, ALLISON RITTO, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared DWIGHT REILLY
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am
subscribed to the within instrument and acknowledged to me that hefs� executed the same in
his/4efi4heir authorized capacity(ies), and that by hisfHcrftheir signatures) 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
A LISON RITTO
ALLISON RITTO
_ Commission # 1824932 z
Notary Public - California z
Z° w , n
Orange County
Arty Comm. Expires Oec 23, 2012
(Se
Me
Tel (973) 624-720.0
POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 071025207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
- --
DWIGHT REILLY, HAL DUECK
Anaheim Hills, CA.
its other writings obligatory in thenatureihereof whicand
are deliver for and
be allowed, required or permitted b law, bonds
urre and trete tion, contractor otherwise
and lawful and
p y and
the execution of such instrument(s) to pursuance of these presents, shall he as binding upon the said IlVT)'ERNAMNAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(I) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fume with respect to any
bond or undertaking to which it is attached.
rr i /Hf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
0G signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
INTERNATIONAL FIDELITY INSURANCE COMPANY
SEAL
tri STATE NEW JERSEY
� y�_90411;' q County off Essex
Secretary
On this 16th day of October 2007, before me came the individual who executed die preceding instrument to me personally known, and, being by me drily
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY IWSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
U,1A IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the Ciry of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Cominission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 29th
day of May 2009
jo �flArf��
Assistant Secretary
EXECUTED IN DUPLICATE BOND #0495252
PERFORMANCE BOND PREMIUM: $4,178
KNOW ALL PERSONS BY THESE PRESENTS that:
PREMIUM IS FOR CONTRACT TEPUA
AND IS SUBJECT TO ADJUSTMLNT
BASED ON FINAL. CONTRACT MOE
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Hardy & Harper, Inc., 1312 E.
Warner Ave., Santa Ana, California 92705 ("Principal"),
(Name and address ofContractor)
a contract (the "Contract") for the work described as follows:
Roadway Maintenance for Fiscal Years 2009 —10 through 2013 - 14
WHEREAS, Principal is required under the terms of the Contract to fumish a bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the undersigned Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY
13400 SABRE SPRINGS PARKWAY, SUITE 270, SAN DIEGO, CA 92128-4198
(Name and address of Surety)
("Surety") a duty admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound
unto the Public Agency in the penal sum of FIVE HUNDRED FIFTY NINE THOUSAND SIX HUNDRED SEVENTY
Dollars (S 559,670.00---------------------------------------------------------- this amount being not less than the total contract
price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof
made as therein provided, on the Principal's pan 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 attomeys' 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 some, 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.
A-11
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be
deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of
each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to
authority of its governing body.
Dated: MAY 29TH, 2009
"Principal"
HARDY & HARPER, INC.
i
By:
Its Steve i s-chner—Vice- Pres.
By:
Its Kris -fen S. Paulino
Corporate Secretary
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
By:
Note.
Insurance Administrator
"Surety"
INTERNATIONAL FIDELITY INSURANCE COMPANY
Its DWIGHT REILLY
Its
ATTORNEY-IN-FACT
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By: -
Public Agency Attorney
77,is bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority ojany person signing as
attorney -in fact must be attached.
A-12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 01 al 1ye
On before me,
junu iijrt-Anrr N r iil r Illcar
personally appeared
i a a)
Kristen S. Paulino ,
Place Notary Seal Above
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
l/they executed the same in II M*W/their authorized
capacity(ies), and that by idlB/II4&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 nd and o I I seal.
Signature'
Signature a! Nota+y uhHc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Performance Bond
Document Date: May 29 2009 Number of Pages:
Signer(s) Other Than Named Above: - dilly— -
Capacity(ies) Claimed by Signer(s)
Signer's Name: Steve Kirschrim
❑ Individual
99 Corporate Officer — Title(s):
vice President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy & Harper, Inc.
Signer's Name: Kfis en_G. ,Pautino
❑ Individual
)KI Corporate Officer—Title(8brp—.S
eerellary
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy & Harper, Inc.
2007 Nol i.n J Inl01) \s.iorialinn -)350 U . Sulo -WL , PO Bux '_-1N -C ulsworth. CA ) J 13 1012 • -v NId1w)wuI\IoImv oro IIBIn 4591)7 NP.order'r,dll F,311-1`110 1 .. 1i}7
JO -ANN LYONS
COMM. #1841329 r,
-6
a
Notary Public California
MY
ORANGE COUNTY _
Comm. Expires Apr. 17, 2013
Place Notary Seal Above
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
l/they executed the same in II M*W/their authorized
capacity(ies), and that by idlB/II4&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 nd and o I I seal.
Signature'
Signature a! Nota+y uhHc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Performance Bond
Document Date: May 29 2009 Number of Pages:
Signer(s) Other Than Named Above: - dilly— -
Capacity(ies) Claimed by Signer(s)
Signer's Name: Steve Kirschrim
❑ Individual
99 Corporate Officer — Title(s):
vice President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy & Harper, Inc.
Signer's Name: Kfis en_G. ,Pautino
❑ Individual
)KI Corporate Officer—Title(8brp—.S
eerellary
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy & Harper, Inc.
2007 Nol i.n J Inl01) \s.iorialinn -)350 U . Sulo -WL , PO Bux '_-1N -C ulsworth. CA ) J 13 1012 • -v NId1w)wuI\IoImv oro IIBIn 4591)7 NP.order'r,dll F,311-1`110 1 .. 1i}7
ACKNOWLEDGMENT
State of California
County of ORANGE )
On MAY 29th, 2009 before me, ALLISON RITTO, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared DWIGHT REILLY
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that hefshreftheY executed the same in
his/beMheir authorized capacity0es), and that by hisAierftheir signature(&) on the instrument the
person(e), or the entity upon behalf of which the person(-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature "'A&�
ALLISON RITTO
(Seal)
• ALLISON RITTO
Commission # 1824932
'• ` �» Notary Public - California
Zz
Orange County
n
My Comm. Expires Dec 23, 2012
A-14
Tel (97`3) 624-7200
POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
.: _ ...«
DWIGHT REILLY, HAL DUECK
r
Anaheim Hills, CA.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings, contracts of indemnity and
other writings obligatory, m the nature thereof, which are or may be allowed, required or permitted by law,, stature, rule regulation, contract or otherwise and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURAIHCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be� revoked pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCh COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called' and held on the 29th day of April, 1982 of which the follwing is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
TY !pf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
0 signed and its corporate seal to be affixed by its authorized officer, this 16th day of October. A.D. 2007.
V¢ �CIO
INTERNATIONAL FIDELITY INSURANCE COMPANY
SEAL
904 STATENEW JERSEY
JEJ
County off Essex RS �
Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY 1'NSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
/OAR QG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year fust above written.
NOTARY
PUBLIC
JU�ER" A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of !;aid Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 29th day of May 2009
�i�mG. fir'
Assistant Secretary
Insurance Requirements for City of Rancho Palos Verdes
Public Works Contract
The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, a
policy or policies with an insurance company or companies admitted to write insurance in California, or carriers with a
rating of, or equivalent to, A:VII by A. M. Best & Company, and approved by the Director of Public Works and City
Attorney, with minimum limits of (1) a policy or policies of broad -form comprehensive general liability insurance with
minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result
of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in
performance of services under this Agreement, with an aggregate of Five Million Dollars ($5,000,000); (2) property
damage insurance with a minimum limit of $2,000,000.00; (3) automotive liability insurance with a minimum
combined single limits coverage of $5,000,000.00; and (4) worker's compensation insurance with a minimum limit of
$1,000,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and
volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property
damage, and worker's compensation coverages.
All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled,
reduced, or otherwise modified (except through addition of additional insureds to the policy) by the
insurance carrier without the insurance carrier giving the City thirty (30) day's prior written notice
thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance
coverage.
The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such
insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the
premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the
cost of such insurance may be deducted, at the option of the City, from payments due the Contractor.
3. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements above, not less than one (1) day prior to beginning of performance under this
Agreement. Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement," copies of which are attached hereto.
C-4
F"
Attachment B
Jq First Amendment to Agreement between
The City of Rancho Palos Verdes
and Hardy and Harper, Inc.
This agreement is the first amendment to the Roadway Maintenance Project
between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc.
("CONTRACTOR"), dated May 5, 2009 ("Agreement'). This first amendment is
retroactively effective as of July 1, 2014, and is being made to extend the term of the
Agreement for one fiscal year.
Section 1. Section 1 of the Agreement is hereby amended to read as follows:
"Scope of Services. City hereby employs Contractor to perform the work and
provide the services and materials for the project identified as: Roadway Maintenance for
Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and
Specifications, incorporated herein by this reference, including miscellaneous appurtenant
work. As of July 1, 2014, any portion of the incorporated Plans and Specifications
regarding roadway repair work in the landslide area on Palos Verdes Drive South is omitted
from the scope of service for this Agreement, and Contractor shall no longer complete that
particular work under this Agreement. All work completed under this Agreement shall be
performed in a good and workmanlike manner, under the terms as stated herein and in
these Plans and Specifications, and in accordance with the 2009 edition of The Standard
Specifications for Public Works Construction, which is incorporated herein by this
reference. In the event of any conflict between the terms of this Agreement and any of the
above -referenced documents, the terms of this Agreement shall be controlling. This
Agreement shall commence on July 1, 2009, and shall expire on June 30, 2015, unless
sooner terminated pursuant to Section 5 of this Agreement. Additionally, there are two (2)
one-year options to extend the Agreement for FY2015-2016 and FY2016-2017 with the
mutual written consent of both parties."
Section 2. Section 9 of the Agreement is hereby amended to read as follows:
"Price Adjustments. The unit prices listed in the proposal sheets shall be applicable
for the period from July 1, 2009, through June 30, 2015. Each July 1St, the prices maybe
increased by the Producer Price Index for Finished Goods for Los Angeles."
Section 3. Except as expressly amended by this amendment to the Agreement,
all other provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
August 19, 2014.
ATTEST:
By:
City Clerk
CITY OF RANCHO PALOS VERDES
Printed Name: Steve Kirschner
Title: Vice president
Signature: i4d �
Printed Name: Kristen Paulino
Title: Corporate Secretary
Page 2 of 2
Attachment C
Second Amendment to Agreement between
The City of Rancho Palos Verdes
and Hardy and Harper, Inc.
This agreement is the second amendment to the Roadway Maintenance Project
between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc.
("CONTRACTOR"), dated May 5, 2009 ("Agreement"). This second amendment is
retroactively effective as of July 1, 2015, and is being made to extend the term of the
Agreement for one fiscal year.
Section 1. Section 1 of the Agreement is hereby amended to read as follows:
"Scope of Services. City hereby employs Contractor to perform the work and
provide the services and materials for the project identified as: Roadway Maintenance for
Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and
Specifications, incorporated herein by this reference, including miscellaneous appurtenant
work. All work completed under this Agreement shall be performed in a good and
workmanlike manner, under the terms as stated herein and in these Plans and
Specifications, and in accordance with the 2009 edition of The Standard Specifications for
Public Works Construction, which is incorporated herein by this reference. In the event of
any conflict between the terms of this Agreement and any of the above -referenced
documents, the terms of this Agreement shall be controlling. This Agreement shall
commence on July 1, 2009, and shall expire on June 30, 2016, unless sooner terminated
pursuant to Section 5 of this Agreement. Additionally, there is one (1) one-year option to
extend the Agreement for FY2016-2017 with the mutual written consent of both parties."
Section 2. Section 9 of the Agreement is hereby amended to read as follows:
"Price Adjustments. The unit prices listed in the proposal sheets shall be applicable
for the period from July 1, 2009, through June 30, 2016. Each July 1 st, the prices may be
increased by the Producer Price Index for Finished Goods for Los Angeles."
Section 3. Except as expressly amended by this amendment to the Agreement,
all other provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
Page 1 of 2
C-1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
March 1, 2016.
ATTEST:
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
HARDY AND HARPER, INC.
("CONTRACTOR")
Signature:
Printed Name:
Title:
Signature:
Printed Name:
Title:
Page 1 of 2
C-2
Attachment D
Third Amendment to Agreement between
The City of Rancho Palos Verdes
and Hardy and Harper, Inc.
This agreement is the third amendment to the Roadway Maintenance Project
between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc.
("CONTRACTOR"), dated May 5, 2009 ("Agreement"). This third amendment is effective
as of July 1, 2016, and is being made to extend the term of the Agreement for the fiscal
year FY16-17.
Section 1. Section 1 of the Agreement is hereby amended to read as follows:
"Scope of Services. City hereby employs Contractor to perform the work and
provide the services and materials for the project identified as: Roadway Maintenance for
Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and
Specifications, incorporated herein by this reference, including miscellaneous appurtenant
work. All work completed under this Agreement shall be performed in a good and
workmanlike manner, under the terms as stated herein and in these Plans and
Specifications, and in accordance with the 2009 edition of The Standard Specifications for
Public Works Construction, which is incorporated herein by this reference. In the event of
any conflict between the terms of this Agreement and any of the above -referenced
documents, the terms of this Agreement shall be controlling. This Agreement shall
commence on July 1, 2009, and shall expire on June 30, 2017, unless sooner terminated
pursuant to Section 5 of this Agreement.
Section 2. Section 9 of the Agreement is hereby amended to read as follows:
"Price Adjustments. The unit prices listed in the proposal sheets shall be applicable
for the period from July 1, 2009, through June 30, 2017. Each July 1 St, the prices may be
increased by the Producer Price Index for Finished Goods for Los Angeles."
Section 3. Except as expressly amended by this amendment to the Agreement,
all other provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
Page 1 of 2
D-1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
March 1, 2016.
ATTEST:
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
HARDY AND HARPER, INC.
("CONTRACTOR")
Signature:
Printed Name:
Title:
Signature:
Printed Name:
Title:
Page 1 of 2
D-2