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Hardy & Harper Inc - FY2027-008
01203.0006/770637.1 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HARDY & HARPER, INC. For ON-CALL PALOS VERDES DRIVE SOUTH ROADWAY MAINTENANCE WITHIN THE PORTUGUESE BEND LANDSLIDE Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -1- 01203.0006/770637.1 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HARDY & HARPER, INC. THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into on July 1, 2026, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and HARDY & HARPER, INC., a California corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -2- 01203.0006/770637.1 Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of 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 City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -3- 01203.0006/770637.1 Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials . . (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -4- 01203.0006/770637.1 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (a) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (d) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -5- 01203.0006/770637.1 terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -6- 01203.0006/770637.1 subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $2,000,000 (Two million Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -7- 01203.0006/770637.1 Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate servi ces performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -8- 01203.0006/770637.1 by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty- five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Michael Amundson Vice President (Name) (Title) Kristen Paulino Corporate Secretary (Name) (Title) Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -9- 01203.0006/770637.1 (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be David Copp, Deputy Director of Public Works, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -10- 01203.0006/770637.1 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for both ongoing and completed operations, and shall provide for both a defense and indemnity of the City. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -11- 01203.0006/770637.1 least $1,000,000). (e) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. (f) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (g) Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -12- 01203.0006/770637.1 submitted to the Agency prior to commencement of construction. (h) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and Section 5.2 below. (i) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide additional insured endorsements to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Endorsements and Declarations pages shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. In the event the City makes such a request, Contractor shall immediately provide the requested policies and provide any such Privacy Act release required by the City to Contractor’s insurers relative to policy information. (b) Duration of coverage. Unless a longer or shorter term is specified herein with respect to a specific type of insurance, Contractor shall procure and maintain for the duration of this Agreement all of the insurance required by this Agreement.. (c) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b) coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph 5.2(a), and must contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -13- 01203.0006/770637.1 (f) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (g) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (h) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (i) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (j) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. Commercial General Liability and Automobile policies shall contain a severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -14- 01203.0006/770637.1 (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Contractor shall be responsible for immediately satisfying any deductible, retained limit or self-insured retention in order for the City to be afforded an immediate defense. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City’s failure to promptly tender defense directly to any insurer shall not be considered “voluntary” within the meaning of any insurer’s “voluntary payments” clause or similar provision. No defense costs or indemnity obligation incurred by the City in any matter arising from or related to Contractor’s acts or omissions in the performance of this Agreement shall be considered “voluntary.” (q) Additional kinds of insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will upon tender of defense by the City, immediately defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith. Contractor expressly waives any contention that an immediate defense obligation does not arise pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008) 44 Cal.4th 541, or its progeny. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -15- 01203.0006/770637.1 agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate the provisions of this Section 5.3 in all indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -16- 01203.0006/770637.1 force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -17- 01203.0006/770637.1 detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -18- 01203.0006/770637.1 (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -19- 01203.0006/770637.1 (b) Dispute Resolution. This contract is subject to the provisions 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 City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -20- 01203.0006/770637.1 obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of $750 (Seven Hundred Fifty Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -21- 01203.0006/770637.1 If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performan ce of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -22- 01203.0006/770637.1 of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -23- 01203.0006/770637.1 modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials . . 9.7 Corporate 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. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 -24- 01203.0006/770637.1 Name: Title: Name: Title: Address: 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 ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William Wynder, City Attorney Paul Seo, Mayor CONTRACTOR: Hardy & Harper, Inc. By: Name: Michael Amundson Title: Vice President By: Name: Kristen Paulino Title: Corporate Secretary Address: 32 Rancho Cir. Lake Forest, CA 92610 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. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 A-1 01203.0006/770637.1 EXHIBIT “A” SCOPE OF WORK I. Contractor will perform the following Services: Contractor shall perform roadway maintenance and roadway drainage services for Palos Verdes Drive South and other vehicle thoroughfares within the Portuguese Bend Landslide Complex. Services shall include: A. Major / Sectional Repairs This work is intended to address roadway sections where localized maintenance alone is no longer sufficient. Primary work elements may include: (a) Major Asphalt Repair and Overlay: Removal and replacement of failed pavement sections, major grinding and overlay, and placement of asphalt surfacing to restore roadway profile and serviceability. (b) Complete Roadway Reconstruction: Excavation and full dig-out of severely compromised roadway sections. This may include aggregate base repair or replacement, subgrade preparation and re-compaction, and other measures necessary to restore structural integrity. (c) Reprofiling: Scraping, milling, lowering, raising, and reshaping sections of roadway affected by heaving, settlement, or transverse deformation in order to improve drivability and maintain safe passage. (d) Fissure Mitigation: Treatment and repair of roadway fissures, cracks, separations, and other substantial pavement distress resulting from landslide-related ground movement, where such work is part of a broader structural repair effort. (e) Traffic Control: Furnishing, installation, maintenance, and daily removal of traffic control measures in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) as necessary to protect workers, residents, and the motoring public during maintenance operations. B. Minor / Spot Repairs This work is intended to provide timely, small-scale maintenance and interim roadway stabilization rather than major structural rehabilitation or long-term roadway reconstruction. Primary work elements may include: (a) Localized Asphalt Patching: Placement of asphalt patching and other localized pavement repairs to address potholes, surface failures, depressions, cracks and Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 A-1 01203.0006/770637.1 uneven pavement conditions. (b) Minor Surface Grinding: Spot treatment including scraping, grinding, milling, and reprofiling of localized roadway areas to improve rideability, reduce abrupt grade differentials, and address minor heaving or settlement. (c) Fissure Mitigation: Filling and sealing roadway fissures, cracks, and separations resulting from land movement or ongoing pavement distress. (d) Traffic Control: Furnishing, installation, maintenance, and daily removal of traffic control measures in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) as necessary to protect workers, residents, and the motoring public during maintenance operations. II. As part of the Services, Contractor shall deliver the following tangible work products to the City by the following dates: A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. B. Material delivery truck tickets at the end of each work day. C. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports: A. Daily reports of work accomplished. B. Material delivery truck tickets at the end of each work day. IV. All scopes of work described above shall be performed via scope-specific task authorizations issued in writing by the Contract Officer. V. All work is subject to review and acceptance by the City and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. VI. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. I. Section 1.4, Compliance with California Labor Law, is amended to add a new Subsection (j), as follows: (j) Registration with DIR. Pursuant to Labor Code section 1771.1, if Contractor will be performing work subject to the requirement to pay prevailing wages, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. II. Section 5.1, Insurance Coverages, is amended to read: 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for both ongoing and completed operations, and shall provide for both a defense and indemnity of the City. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Reserved.Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 B-2 (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. (f) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (g) Builder’ s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 B-3 sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. (h) (h)(g) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and Section 5.2 below. III. Section 5.5, Performance and Labor Bonds, is amended to read: 5.5 Performance and Labor Bonds, Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (a)(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. (b)(c) Both the performance and labors bonds The Payment (labor and materials) bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. IV. Section 5.6, Sufficiency of Insurer or Surety, is amended to read: 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. V. Section 7.3, Retention of Funds, is amended to read: Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 B-4 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the scope of work described in EXHIBIT “A” at the following rates: A. Major / Sectional Repairs a. Type One Work: Type One Work items of work include: remove and reconstruct asphalt, AC Cold Milling, skin patches, Striping, Flagging, supplying: Changeable Message Signs, Class II Base, 3/4" Crushed Rock, and installing Portland Cement Curb and Gutter. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-2 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-3 b. Type Two Work: Type One Work items of work include: Laborer, backhoe with operator, roller with operator, skip loader with operator, laborer with dump truck, sidewalk grinding crew, bobcat with operator, bobcat with operator and grinder, sawcut truck with operator, paving machine with operator, screed operator, foreman, vacuum sweeper, pickup truck, crew truck, and compressor with 90Ib hammer. These work items are used to repair the asphalt roadway surface, replace concrete curb, gutter, sidewalk, signing and striping, asphalt patching, and adjusting storm drain pipe systems. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-4 [continued on next page] Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-5 B. Minor / Spot Repairs C. Other Work: For any services described in EXHIBIT “A” that can’t reasonably utilize the above- specified billing rates, the Consultant shall submit a cost proposal with a level of completeness and detail acceptable to the City. The City shall issue a task authorization against a “final” version of the cost proposal that’s reflective of the scope of work and associated cost as mutually-agreed between the Consultant and the City. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 C-6 II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. III. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Time is of the essence in performing all services appropriate to the emergency response nature of the Project. II. The Contract Officer may approve an extension of the Agreement Term established in Section 3.4 of up to one (1) additional year, in the City’s sole and exclusive discretion. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 EXHIBIT “E” CONTRACTOR’S BID PROPOSAL Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 REQUEST FOR PROPOSALS Minor Roadway Maintenance On-Call Roadway Spot-Repair Services for Palos Verdes Drive South within the Portuguese Bend Landslide Complex Submitted By: Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 Date of Submittal: April 24, 2026 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 STATE LIC. Number 215952 Subcontractors Subcontractor: Interstate Striping Address: 895 S. Sunnyside Ave. San Bernardino, CA 92408 CSLB License No.: 1087140 DIR: 1000866044 Role and Responsibilities: Interstate Striping will serve as the pavement marking subcontractor and will be responsible for furnishing all labor, materials, equipment, and supervision necessary to complete all striping and pavement marking work required under this project. Their responsibilities include, but are not limited to: • Installation of pavement striping, markings, and symbols in accordance with project plans, specifications, and applicable standards • Surface preparation to ensure proper adhesion and durability of striping materials • Implementation of all required traffic control measures associated with striping operations • Coordination with the Proposer’s project team and other trades to ensure proper sequencing and timely completion of work • Adherence to all applicable local, state, and federal regulations, including safety and quality requirements • Participation in inspections and prompt correction of any deficiencies to ensure compliance with project requirements Qualifications and Compliance: Interstate Striping is experienced in roadway striping and will perform all work in accordance with applicable regulatory standards and project specifications. The subcontractor will maintain all required licenses, certifications, and insurance coverage for the duration of the project. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Company Background and Experience Hardy & Harper, Inc. began seventy-nine years ago as a small asphalt patch and repair company. Through the years we have grown to be one of the premier asphalt paving contractors in Southern California. We offer a multitude of services such as asphalt removal and replacement, new grade and paves, skin patching, overlays, and implementation of preventative asphalt paving programs. We service projects of all sizes for commercial, industrial, and public sector clients with integrity, best in class workmanship and value engineered construction. Our experienced concrete crews are trained for small and large projects. They are ready at moment’s notice to handle all your concrete needs. They approach each project with high performance, production, and quality. Our crews are trained and experienced in the following: curb and gutters, sidewalks, flow lines, ADA compliant handicap ramps, concrete cutting, demolition, and reconstruction. A significant portion of Hardy & Harper, Inc.’s business is devoted to city and county asphalt and concrete maintenance. We’ve held multiple maintenance contracts with various cities over the past twenty years and continue to perform quality maintenance services. Hardy & Harper, Inc. has three concrete crews, three grinding crews, and five asphalt patch crews currently serving our existing city and county maintenance clients. These crews were developed to act as “total quality quick response units” and have been trained and implemented as a tool to enhance performance, production, and quality in the field under the supervision of Rigo Bolanos, Superintendent of Maintenance. Having crews in these specialties devoted to city maintenance working together with standardized procedures and an integrated team approach promotes a high degree of professionalism, efficiency, and quality. The expertise and experience these crews gain from working on the jobsites at one city is transferred to jobsites within cities all over Southern California. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Project Understanding 1. Sidewalk Grinding: A one-man crew with a cement grinder and sweeper follows a prescribed route planned by the Superintendent of Maintenance so that he can move swiftly to each repair site and complete the work in a single visit. 2. Concrete Removal & Replacement: This includes sidewalk, curb, curb & gutter, cross gutter, spandrel, and curb ramps. Saw cutting to remove damaged material is done first. All debris is removed and hauled away from the site. For sites where roots are not involved, concrete forms are anchored in position and concrete is poured. After the concrete has cured a finish crew will remove the forms and backfill as necessary to give the jobsite and clean and finished look. Any damaged sprinklers will then be repaired. Repair sites laden with roots will be left open until a city contracted root grinding crew can remove the roots. Once the roots are removed our crew will form and pour. If required, we will then apply and compact any required asphalt. The area will then be backfilled, and sprinklers repaired as necessary. 3. Road Maintenance: Saw cutting to remove damaged material will be completed first. A remove and replace crew with a backhoe and dump truck will remove and haul away any debris from the site. The site will then be capped, finished, and compacted unless the depth needed requires a base course to be laid first. In which case, the base course will be laid first and then the crew will cap and finish it. 4. Grading: Hardy & Harper, Inc. has all the necessary equipment to perform grading of right-of-way and dirt access roads. 5. Traffic Control: Traffic control is dependent on the type of work being executed. Major arterials may require additional cones, arrow boards, CMS boards, lane closure/detour signs and flagger(s). Residential work may only require cones and lane closures. We access each location prior to mobilization to ensure that all proper and necessary traffic control is in place for each designated repair. The safety of our employees and the traveling public is always a top priority. 6. Response Time and Staging Area: A two to four hour show up time is obtainable for a Foreman and Superintendent to arrive on site for all areas. Hardy & Harper, Inc.’s staging area is located at 28585 Highway 74, Perris, CA 92570. 7. Warranty: Hardy & Harper, Inc. provides and one (1) year warranty on all workmanship and materials provided. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Project Staffing and Organization Vice President: Michael Amundson Mobile: (714) 620-4296 Office: (714) 444-1851 Email: mamundson@hardyandharper.com Project Manager: Chandler Oveson Mobile: (714) 421-8873 Office: (714) 444-1851 Email: coveson@hardyandharper.com Superintendent: Rigo Bolanos Mobile: (562) 313-8268 Office: (714) 444-1851 Email: rbolanos@hardyandharper.com Foreman: Fabian Juarez Mobile: (714) 824-9816 Email: fjuarez@hardyandharper.com Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Michael Amundson mamundson@hardyandharper.com (714) 620-4296 OBJECTIVE: To contribute my experience, education and motivation to a dynamic organization that is focused on excellence in the field of construction management. EDUCATION: University of San Diego B.A. Communications/Business Administration GPA: 3.3 Honor Roll: 1998, 1999, 2000 Lake Forest, CA 11/2005 - Current EXPERIENCE: Hardy & Harper, Inc. - Vice President Senior Estimator/Project Manager Estimate and manage all asphalt and concrete maintenance project. Responsibilities included: Negotiating Change Orders, Contracts, Bonds, Insurance, Scheduling, coordinating subcontractors, gathering quantities, Billings, and quarterly closings. Estimate public works projects containing extensive paving, concrete, grading, excavation, electrical, underground, landscaping and striping. Manage multiple people in the estimating and project management division. Monthly estimating load of $10-$20 million; Approximately 5-10 bids per week. Proficient using Primavera Project Manager, Microsoft Excel, and Word. Experience with Microsoft Project. Certified Advanced SWPPP training. Sequel Contractors, Inc. Santa Fe Springs, CA 4/2003-11/2005 Project Manager/Project Estimator Estimated over 200 projects with extensive paving, grading, excavation, electrical, concrete, underground, and landscaping. Managed over 30 projects containing paving, grading, excavation, electrical, concrete, underground, and landscaping. Managed all aspects of project horizontally from inception to completion. Responsibilities included: Negotiating Change Orders, Contracts, Bonds, Insurance, Scheduling, coordinating subcontractors, gathering quantities, Billings, and quarterly closings. Managed five teams of 6-15 employees. Monthly estimating load of $10 million; Approximately 5-10 bids per week. Proficient using Primavera Project Manager, Microsoft Excel, and Word. Experience with Microsoft Project. Certified Advanced SWPPP training. Produce SWPPP/BMP Plans. Registered Notary Public in the State of California. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Rigo Bolanos Professional Summary Experienced and results-driven Paving Superintendent with over 18 years in the heavy civil construction industry, including 3 years in a superintendent role and a strong background as a Paving Foreman. Proven ability to lead crews, manage complex paving projects from start to finish, ensure quality control, and meet tight deadlines and budgets. Strong leadership, communication, and problem-solving skills, with a deep understanding of paving operations, safety standards, and equipment. Work Experience Paving Superintendent Hardy & Harper, Inc., Lake Forest, CA November 2021 – Present - Supervise and coordinate all paving activities on various municipal, commercial, and highway projects. - Manage crews, subcontractors, materials, and equipment to ensure smooth daily operations. - Schedule daily tasks and monitor progress to meet production goals and deadlines. - Conduct site inspections and enforce safety protocols and quality control standards. - Collaborate with project managers and inspectors to ensure compliance with plans and specifications. - Troubleshoot field issues and provide on-the-spot solutions to avoid delays. - Maintain daily job reports, timecards, and material tracking logs. Paving Foreman Hardy & Harper, Inc., Lake Forest, CA November 2005 – November 2021 - Led paving crews in laying asphalt on roads, parking lots, and highways. - Read and interpreted blueprints, specifications, and grade plans. - Operated paving machinery and ensured proper placement, compaction, and finish of asphalt. - Trained and mentored crew members on safety practices and paving techniques. - Coordinated with trucking companies, plant operators, and suppliers to ensure timely delivery of materials. - Ensured project areas were set up and maintained according to traffic control and safety standards. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Skills - Paving Operations & Techniques - Crew Leadership & Team Management - Heavy Equipment & Machinery - Scheduling & Daily Planning - Safety Compliance (OSHA Standards) - Quality Assurance & Inspection - Blueprint & Grade Reading - Effective Communication - Problem Solving On-Site - Time & Material Tracking Certifications - OSHA 30-Hour Construction Safety and Health - First Aid/CPR (Current) References Available upon request. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Client References Agency: Moulton Niguel Water District Address: 26880 Aliso Viejo Parkway, Aliso Viejo, CA 92656 Contact Person: Jim Sampson, Project Manager Phone: (949) 831-2500 Email: jsampson@mnwd.com Agency: City of Diamond Bar Address: 21825 E. Copley Drive, Diamond Bar, CA 97765 Contact Person: Jorge Garcia, Project Manager Phone: (909) 983-7046 Email: j.garcia@diamondbarca.gov Agency: City of Rancho Palos Verdes Address: 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Contact Person: Ron Dragoo, Project Manager Phone: (310) 544-5252 Email: rond@rpv.com Agency: City of Anaheim Address: 200 Anaheim Blvd, Anaheim, CA 92805 Contact Person: Kal Lambaz, Project Manager Phone: (714) 765-6935 Email: klambaz@anaheim.net Agency: City of Corona Address: 735 Public Safety Way, Corona, CA 92880 Contact Person: Eugene Silvas, Project Manager Phone: (951) 279-3629 Email: eugene.silvas@coronaca.gov Agency: City of Laguna Beach Address: 505 Forest Avenue, Laguna Beach, CA 92651 Contact Person: Alpha Santos, Project Manager Phone: (949) 497-0729 Email: asantos@lagunabeachcity.net Type text here**All projects listed Project Team includes Rigo Bolanos as Superintendent,Michael Amundson as Project Manager, and Fabian Juarez as a Foreman.** Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 OWNER/AGENCY CONTACT PROJECT NAME, CONTRACT AMOUNT, & CONTRACT DURATION City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Sam Hout samh@rpv.com (949)274-2543 Annual Street Maintenance & Annual Slide Repairs $3,550,500.00 July 2019 - June 2024 City of Corona 735 Public Safety Way Corona, CA 92880 Eugene Silvas eugene.silvas@coronaca.gov (951)279-3629 Annual Maintenance $610,000.00 July 2018 - June 2021 Moulton Niguel Water District 26880 Aliso Viejo Parkway Aliso Viejo, CA 92656 Jim Sampson jsampson@mnwd.com (949)831-2500 On-Call Asphalt & Concrete Repair Services $4,800,000.00 April 2019 - April 2022 City of Anaheim 200 Anaheim Blvd Anaheim, CA 92805 Patrick Kelley pkelley@anaheim.net (714)765-6935 Street Maintenance, Construction & Immediate Response $1,000,000.00 May 2024 - May 2026 City of Jurupa Valley 8930 Limonite Avenue Jurupa Valley, CA Mike Waltz mwaltz@jurupavalley.org (951)332-6464 2019-2021 Asphalt Repair & Replacement Service $99,998.00 June 2019 - June 2021 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Arturo Rodriguez arodriguez@santa-ana.org (714)647-3303 Asphalt Street Maintenance $990,000.00 December 2020 - November 2021 City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 Alpha Santos asantos@lagunabeachcity.net (949)497-0729 On-Call Pavement Maintenance Services $687,800.00 Februaury 2021 - March 2025 City of Rialto 335 W. Rialto Avenue Rialto, CA 92376 Tony Brandyberry tbrandyberry@rialtoca.gov (909)421-4910 On-Call Permanent Trench Paving Work $400,000.00 June 2020 - July 2021 City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 Jerry Barragan jbarragan@chinohills.org (909)364-2816 On-Call Asphalt Repair $500,000.00 April 2023 - June 2025 City of Claremont 207 Harvard Avenue Claremont, CA 91711 Enrique Villalobos evillalobos@ci.claremont.ca.us (909)399-5479 On-Call Asphalt and Concrete Repair Services $250,000.00 November 2023 - June 2024 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 John Salazar jsalazar@newportbeachca.gov (949)718-3460 On-Call Maintenance/Repair Services $300,000.00 November 2022 - October 2025 City of Chino 13220 Central Avenue Chino, CA 91710 Daniel Vest (909)334-3367 dvest@cityofchino.org As-Needed AC Removal & Repair/Replacement Services $1,566,200.00 July 2022 - June 2025 Hardy & Harper, Inc. Annual Maintenance Contracts Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Safety Please see the attached documents regarding our firm’s Safety Qualifications including OSHA 300 and 300A Logs, Experience Modification Rate (EMR), Injury and Illness Prevention Program (IIPP), and Training Record and Certifications. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Our work crews are union trained employees. Their training consists of: • OSHA 10 • CPR/First Aid (Every 2 years) • Traffic Control • HAZCOM + Silica + heat illness training Foreman: • OSHA 30 • Competent Person Trainings Core Safety Certifications OSHA 10 & OSHA 30 • Hazard recognition, PPE, fall protection, electrical safety, trenching, etc. CPR / First Aid • Emergency response, rescue breathing, injury care Hazard Communication (HAZCOM) • Understanding SDS sheets, chemical exposure risks Construction Site Safety Training Traffic Control / Flagging • Lane closures, MUTCD/Caltrans standards, work zone safety Forklift / Equipment Safety • Safe operation, load handling, OSHA compliance Trenching & Excavation Safety • Cave-in protection, shoring, soil classification (commonly included in OSHA modules) Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 How the Training is Delivered Combination of: • Classroom instruction • Hands-on field training • On-the-job apprenticeship (thousands of hours) Emphasis is always on: • “Every worker goes home safe” culture Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Lucio Barrios Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762738 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Juan Santillano Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762735 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Oscar Verino Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762754 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Daniel Gamboa Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762727 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Rigo Bolanos Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762739 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 OSHA’s Form 300A (Rev. 04/2004) Summary of Work-Related Injuries and Illnesses Note: You can type input into this form and save it. Because the forms in this recordkeeping package are “fillable/writable” PDF documents, you can type into the input form fields and then save your inputs using the free Adobe PDF Reader. Year 20 U.S. Department of Labor Occupational Safety and Health Administration Form approved OMB no. 1218-0176 All establishments covered by Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the Log. If you had no cases, write “0.” Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR Part 1904.35, in OSHA’s recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases (G) (H) (I) (J) Number of Days Total number of days Total number of days of away from work job transfer or restriction (K) (L) Injury and Illness Types Total number of . . . (M) (1) Injuries (4) Poisonings (2) Skin disorders (5) Hearing loss (3) Respiratory conditions (6) All other illnesses Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instructions, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed forms to this office. Total hours worked by all employees last year Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Title Company executive Phone Date Employment information (If you don't have these figures, see the Worksheet on the next page to estimate.) North American Industrial Classification (NAICS), if known (e.g., 336212) Industry description () Zip Establishment information Your establishment name Street City Human Resources Manager Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 April 22, 2026 RE: Hardy & Harper, Inc. 2026 Experience Modification Rating Analysis To Whom It May Concern: The Baldwin Group is the Workers’ Compensation insurance broker for Hardy & Harper, Inc. Below is a summary of the company’s Workers’ Compensation Experience Modification Rate (EMR) in California. EMR History 2024: 1.07 2025: 1.08 2026: 1.05 The 2026 EMR of 1.05 reflects an improvement from prior years and demonstrates positive loss performance relative to the company’s size and operational scope. Hardy & Harper maintains an active and continuously improving safety and risk management program, including: Formal Return-to-Work Program Hardy & Harper has a Safety Committee that meets quarterly to discuss safety issues in the field and make improvements to their programs internally. They also meet on an ad hoc basis. They have a dedicated full-time equipment and vehicle fleet manager who monitors all telematics data and implements a proactive vehicle maintenance program Baldwin Risk Mitigation is involved monthly in site visits, trainings, and attends safety meetings Baldwin is active in monitoring claims trends and customizing the safety service plan to address these trends and mitigate future losses. Our claims team is actively stewarding open claims and bringing them to closure These controls are designed to reduce claim frequency and severity while supporting injured employees’ timely return to work. Hardy & Harper remains committed to maintaining a strong safety culture and managing risk effectively as operations continue to grow. The company’s EMR trend reflects this ongoing focus on safety, loss control, and operational accountability. Should you require any additional information, please do not hesitate to contact us. Sincerely, Darby Dempsey, CRIS The Baldwin Group Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM for Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 2 of 29 TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE ..................................................................................... 3 II. RESPONSIBILITIES .......................................................................................................... 3 Supervisors/Foremen/Leads ........................................................................................................................... 3 All Employees ................................................................................................................................................ 4 III. JOB HAZARD ASSESSMENT .......................................................................................... 4 IV. IDENTIFYING WORKPLACE HAZARDS .................................................................... 10 V. COMMUNICATING WORKPLACE HAZARDS ............................................................. 12 VI. CORRECTING WORKPLACE HAZARDS ..................................................................... 13 VII. ACCIDENT INVESTIGATION ...................................................................................... 14 Procedures for investigating workplace accident & hazardous substance exposures include: ..................... 14 Injury Reporting ........................................................................................................................................... 14 Injury Investigation ...................................................................................................................................... 14 VIII. EMPLOYEE HEALTH AND SAFETY TRAINING ................................................... 15 Initial IIPP Training ..................................................................................................................................... 15 Training on Specific Hazards ....................................................................................................................... 16 IX. ENSURING COMPLIANCE ............................................................................................ 17 X. RECORD KEEPING .......................................................................................................... 18 Access to this Policy Procedure ................................................................................................................... 19 Injury & Illness Records .............................................................................................................................. 19 XI. CODE OF SAFE PRACTICES ........................................................................................ 22 NEW EMPLOYEE ORIENTATION ........................................................................................... 29 Codes of Safe Practice Receipt .................................................................................................................... 29 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 3 of 29 I. INTRODUCTION AND PURPOSE It is the policy of Hardy & Harper Inc., to maintain a safe and healthful work environment for each employee (including contract employees), and to comply with all applicable occupational health and safety regulations as found in Section 3203 of the GISO of Title 8 of the California Code of Regulations. This Injury and Illness Prevention Program (IIPP) is intended to establish a framework for identifying and correcting workplace hazards within our company, while secondarily addressing legal requirements for a formal, written Injury and Illness Prevention Program (IIPP). II. RESPONSIBILITIES Safety Administrator Chris Icamen, has the authority and responsibility to ensure Corporate implementation of this Injury and Illness Prevention Program, (IIPP), and to ensure the health and safety of our work sites and Associates and will implement this program by communicating Management's emphasis on health and safety, by analyzing work procedures for hazard identification and correction, ensure regular workplace inspections, provide health and safety training, and encourage prompt employee reporting of health and safety concerns without fear of reprisal. Responsibilities to the program will include the review of this IIPP in order to make relevant changes as required by the hazards of the work environment, and workplace safety rules. Timely correction of workplace hazards will be tracked by the Safety Coordinator and each job site Supervisor or leadman. A review of all reports of unsafe conditions, workplace inspections, and injury reports will be made each week. Supervisors/Foremen/Leads Managers and Foreman play a key role in the implementation of the IIPP in their work areas. They are responsible for: Develop and enforce safety rules, regulations and safe work practices. Conduct safety meetings and tailgate training sessions at least every 10 days. Answering worker’s questions about the IIPP Program. Informing workers of the provisions of our IIPP Program. Ensuring periodic, documented inspection of workspaces under their authority. Promptly correcting identified hazards. Modeling and enforcing safe and healthful work practices. Providing appropriate safety training and personal protective equipment. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 4 of 29 Initiate corrective actions for any unsafe conditions or behaviors in a timely manner. Stopping any employee’s work that poses an imminent hazard to either the employee or any other individual. Performing an investigation to determine, document and correct the cause(s) of all accidents. Encouraging employees to report health and safety issues to their Supervisor and Safety Committee without fear of reprisal. Recognizing employees who perform safe work practices. Ensuring access to this written program to any Employee or their designated representative during business hours. All Employees It is the responsibility of all staff to comply with all applicable health and safety regulations, Company policies, and published work procedures. This includes but is not limited to: Observing health and safety-related signs, posters, warning signals and directions Reviewing the building emergency plan and emergency assembly areas Learning about the potential hazards of assigned tasks and work areas Taking part in appropriate health and safety training Following all safe operating procedures and precautions Using proper personal protective equipment Warning coworkers about defective equipment and other hazards Reporting unsafe conditions immediately to a supervisor, and stopping work if an imminent hazard is presented Participating in workplace safety inspections III. JOB HAZARD ASSESSMENT It is the policy of Hardy & Harper to conduct self audits and inspections to identify and correct unsafe conditions or work practices which may result in injuries or property losses. To accomplish this Hardy & Harper uses Job Hazard Analysis (JHA) to identify the scope of work being performed. Form “IIPP Job Hazard Analysis Form #12” is used to generate a Site Specific JHA. Hardy & Harper employees perform the following tasks. Asphalt Paving Slurry Seal Concrete curb cutters, and sidewalk grinding, demo and reconstruct. Trenching Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 5 of 29 o Conduit Installation o Backfill and compact Risk Matrix Chart KEY SEVERITY A Certain B Very C Likely D Unlikely E Improbable 1 Negligible 2 Slight 4 High 5 Very High == Medium Risk = High Risk PR O B A B I L I T Y 3 Moderate Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 6 of 29 Job Hazard Analysis Task Possible Risk Control Measures Used Asphalt Paving w/Paving Machine C3 1. Equipment injuries from unguarded moving parts, broken fluid or gas lines. 2. Damage to equipment or personnel from un- authorized operators. 3. Contamination of hands or skin by cleaning oils or agents. 4. Backing accidents from dump trucks or other equipment backing up in traffic or around people. 5. Burn injuries from working with hot asphalt. 6. Slip fall injuries from mounting and dismounting equipment. 7. Unexpected startup of equipment injuries. 8. Injuries from loading and unloading paver machine from transport trailer. 9. Fire hazards from working with hot asphalt and burners. 10. Pinch point injuries from moving parts. 11. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 1. Operators shall perform a pre-operational check of their equipment. Be familiar with the operator's manual. Report needed repairs promptly. Do not use any equipment that is unsafe. 2. Supervisors shall verify that operators are capable and qualified on each type of equipment before allowing the equipment to be operated unsupervised. 3. Training will be conducted on the proper use of cleaning. 4. One person only shall direct truck drivers backing into or leaving paver. 5. Wear appropriate personal protective equipment consistent with the hazard, including long pants, appropriate work boots, and hand protection. Do not leave paver unattended when heating screed. Be aware of hot places on paver to avoid burns according to training provided. 6. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from equipment. 7. Never attempt to start or operate the machine except from the operator's station. 8. Use caution when loading/unloading paver from trailer, especially in wet or damp conditions. When transporting paver or trailer, check to be sure load is properly secured. 9. Be aware of fire extinguisher locations on equipment and make sure they are properly charged. 10. Stay clear of all moving parts, cables, shafts, belts, flywheels, etc. All moving parts must be guarded prior to energizing any machine. 11. Operators should be aware of employees and others on foot in work zones. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 7 of 29 Task Possible Risk Control Measures Used Asphalt Paving Drop and Roll Method C3 1. Contamination of hands or skin by cleaning oils or agents. 2. Backing accidents from dump trucks or other equipment backing up in traffic or around people. 3. Burn injuries from working with hot asphalt. 4. Slip fall injuries from mounting and dismounting equipment. 5. Unexpected startup of equipment injuries. 6. Injuries from loading and unloading asphalt from transport trucks. 7. Fire hazards from working with hot asphalt and burners. 8. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 1. Training will be conducted on the proper use of cleaning. 2. One person only shall direct truck drivers backing into or leaving paver. 3. Wear appropriate personal protective equipment consistent with the hazard, including long pants, appropriate work boots, and hand protection. Do not leave paver unattended when heating screed. Be aware of hot places on paver to avoid burns according to training provided. 4. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from equipment. 5. Never attempt to start or operate the machine except from the operator's station. 6. Use caution when unloading from trucks, stay in the vision zone of the truck operator and not behind the vehicle. 7. Be aware of fire extinguisher locations on equipment and make sure they are properly charged. 8. Operators should be aware of employees and others on foot in work zones. Task Possible Risk Control Measures Used Backhoe, Blade, Roller and Loader C3 1. Equipment injuries from unguarded moving parts. Damage to equipment or personnel from un- authorized operators. 2. Tip over or fall injuries from machine or vehicle rollover, struck by another vehicle or other accident. 1. Supervisors shall verify that drivers are capable and qualified on each type of equipment before allowing the equipment to be operated unsupervised. Drivers shall perform a pre-operational check of their equipment. Be familiar with operator's manual. Report all needed repairs promptly. Do not use any equipment that is unsafe. 2. Operators shall wear seat belts and/or shoulder harnesses as provided. Be sure outriggers are properly set before operating backhoe. Never allow anyone to work under a raised bucket. When operating on slopes, use caution when swinging bucket Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 8 of 29 3. Injuries from accidents due to poor visibility. 4. Slip fall injuries from mounting and dismounting equipment. 5. Backing injuries, of other workers, pedestrians, property or vehicles 6. Fire hazards from working with hot asphalt and burners especially when disembarking from machine. 7. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 8. Electrical shock injuries from working around ground electrical vaults and lines, and working near overhead electrical lines. 9. Unexpected movement of equipment injuries and possible pedestrian or public misuse of equipment liability. in the downhill direction. Dump on the uphill side. Keep loader bucket low when moving. 3. Keep windshield, windshield wipers, side windows and mirrors clean. Make sure that the mirrors provide a large as possible view of the rear. 4. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from vehicle. 5. Plan ahead to minimize or eliminate the need for backing. Always check to the rear before backing and use an observer when available. Make sure back-up alarms are working properly. Choose safest location possible to park equipment. Avoid parking in other equipment's blind spots. 6. Wear appropriate personal protective equipment consistent with the hazard. Be aware of fire extinguisher locations on your equipment and make sure they are properly charged. 7. Operators should be aware of employees and others on foot in work zones and be sure area is clear of personnel before lowering stabilizers or moving the buckets or booms. Do not leave attachments in the raised position when equipment is not in use; always lower to the ground. When in operation, only the operator should be permitted on the machine. 8. Do not operate backhoe boom within 10 feet of energized power line. Ensure USA markings have been reviewed prior to digging and that electrical underground installations are appropriately deep to prevent hitting them. 9. Do not leave equipment unattended with the engine running. Shut off engine and set the parking brake when equipment is not in use. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 9 of 29 Task Possible Risk Control Measures Used Equipment Maintenance and Service Tasks C2 1. Loss of energy control or unexpected startup or movement of equipment. 2. Leaks or spills from maintenance operations. Possible exposure to chemical fumes during maintenance. Heavy lifting during moving or change out of equipment. 1. Verify integrity of all energy control measure prior to service or maintenance. All workers on site are to participate in LOTO lockouts to prevent unexpected startups. Drain lines and hoses prior to disconnection. Walk hoses back and provide drip containment. Use proper PPE to prevent fume inhalation on hazardous chemical processes. 2. Never attempt to handle equipment or materials weighing in excess of 50#s. Always seek assistance from co-workers. Always lift loads using legs, bending the knees, keeping loads close to the body and feet at shoulder width apart for stability. Task Possible Risk Control Measures Used Trenching, Shoring, Backfill and Compacting C4 1. Obstructions To Trenching Path Such As Tree Stumps, Abandoned Concrete, Metal, Etc 2. Damaging Buried Utilities 3. Excavating Around Energized Cables 4. Cave-ins, Unstable Trench Walls 5. No Egress Or Unsafe Egress From Excavation 1. Check Trenching Path Before Starting For Obstructions 2. Ensure Locates Are In Place And Current, Check Terrain For Excavation That May Have Been Missed. Check For Private Buried Lines That Would Not Be Identified Through Your Locate. If Contact Is Made With Energized Equipment/Cables While Operating, Jump From Your Equipment (Do Not Step Off) With Both Feet, Clear And Secure The Work Zone, Make Contact With Appropriate Personnel 3. Use Extreme Caution Around Existing Utilities, Always Use A Lookout! While Hand Digging Around Energized Cables Use Caution, Wear FR Clothing, "Hot Boots" And Appropriate Rubber Goods For The Voltage Involved. Always Have A Partner Standing By. 4. Uses Shoring, Sloping Or Shielding Per OSHA Standards For All Excavations 5 Feet Deep Or Greater. If Working On Knees In Excavation Less Than 5 Feet Deep, May Have To Shore, Slope Or Shield Also. Never Enter Any Excavation If You Feel The Dirt Is Unstable 5. Ladders Must Be Accessible Within 25 Feet Either Direction of Travel in All Tranches 4 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 10 of 29 6. Open Pits/Trenches-Public Or Employees Exposed To Falling In 7. Messy or Unsafe Work Site- Looks Bad For Company & Unsafe For Public 8. Debris Falling From Vehicles Or Trailer While Traveling On Roa Feet Deep or Greater. Use Ladders When Depth Gets Below Standard Stepping Height. 6. Secure All Open Pits And Trenches With Caution Tape, Plywood Or Barricades Before Leaving The Job 7. Restore Property To Its Original Condition To The Best Of Your Ability 8. Clear All Mud And Debris From Equipment And Trailer, Secure All Material Before Exitin The Job IV. IDENTIFYING WORKPLACE HAZARDS Regular, periodic workplace safety inspections must be conducted of each work site. By law, the first of these inspections must take place before work begins. Self-Inspections are documented on IIPP Form 3”. Each Job and Work site must maintain copies of these inspections, the originals will be sent to the Office where they will be maintained for at least one year. These regular inspections will be supplemented with additional inspections whenever new substances, processes, procedures, or specialized equipment is introduced into the workplace or whenever Foreman are made aware of a new or previously unrecognized hazard. Inspections are conducted to identify unsafe conditions and work practices, Inspections are to be made to identify and evaluate hazards: 1. When the program was first established; 2. When new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace; 3. When new, previously unidentified hazards are recognized; 4. When occupational injuries and illnesses occur; and 5. Whenever workplace conditions warrant an inspection. 6. Job Sites are inspected at the beginning of the job and weekly thereafter. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 11 of 29 When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, Supervisors will remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards. Types of Inspections Foreman & Management Daily Walk-Through: This is an undocumented inspection that is made daily at the start of work. Ensure the work site and equipment is operating in a safe condition and ready for employees. All noted unsafe areas or equipment must be corrected prior to allowing employees access to the area. Job Site Inspections: Conducted and recorded. This documented inspection shall be made at least once every 10 days. It provides a focus to ensure current hazard controls are still effect, equipment is in safe condition and safe work practices are in use. Inspections are to be documented on IIPP Form #3. Discrepancies are listed on the inspection sheet, and recorded on IIPP Form #1 if the hazard cannot be abated within a reasonable amount of time, or if management approvals are required due to financial issues or interdepartmental reviews. The "Report of Unsafe Condition" Form 1” should be filled out when a referral is made to the Safety Committee as a result of a condition discovered during an inspection or directly from an employee, for which the responsible supervisor could not determine an immediate remedy. The "Report of Unsafe Condition" form can also be obtained from the Safety Coordinator, filled out and turned in to a suggestion box or mailed to the company anonymously. Suggestions will be thoroughly investigated and employees will be commended for their efforts. Retention of Records of Inspection: Records of scheduled and periodic inspections required to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 12 of 29 V. COMMUNICATING WORKPLACE HAZARDS Foremen are responsible for communicating with all workers about safety and health issues in a form readily understandable by all workers. All employees shall be encouraged to communicate safety concerns to their supervisor without fear of reprisal. Our communication system includes: New worker orientation including a discussion of safety and health policies and procedures. Review of our IIPP Program responsibilities and codes of safe practices. Training programs. Regularly scheduled safety meetings. Posted or distributed safety information. The Safety Committee is another resource for communication regarding health and safety issues for department employees. Each employee has a representative on the committee that will inform him or her of hazard corrections and committee activities. Additionally, Safety Committee minutes and other safety-related items are posted. Employees will also be informed about safety matters by tailgate meetings, distribution of written memoranda, or by outside vendors. Occasionally, the Safety Committee may also sponsor seminars or speakers or coordinate other means to communicate with employees regarding health and safety matters. Foremen are responsible for ensuring that employees are supplied access to hazard information pertinent to their work assignments. Information concerning the health and safety hazards of tasks performed by department staff is available from a number of sources. These sources include, but are not limited to, Material Safety Data Sheets (MSDS, see below), equipment operating manuals, the Safety Coordinator, container labels and work area postings. Material Safety Data Sheets Material Safety Data Sheets (MSDS) provide information on the potential hazards of products or chemicals. Hard copies of MSDS for the chemicals used in the department are available from Foreman and are kept at each worksite where materials are kept or used. Master sets of MSDS are kept in the Foreman’s Folder maintained at each job site. Equipment Operating Manuals All equipment is to be operated in accordance with the manufacturer’s instructions, as specified in the equipment’s operating manual. Copies of operating manuals are kept at the maintenance shop, on the equipment, or in the Maintenance Office. Training through the Union from experienced operators is the preferred method used to train operators at Hardy & Harper. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 13 of 29 VI. CORRECTING WORKPLACE HAZARDS Hazards discovered either as a result of a scheduled periodic inspection or during normal operations must be corrected by the supervisor in control of the work area or site, or by cooperation between the department in control of the work area and the supervisor of the employees working in that area. Foreman of affected employees are expected to correct unsafe conditions as quickly as possible after discovery of a hazard, based on the severity of the hazard. Periodic inspections are performed according to the following schedule: Specific procedures that are to be used to correct hazards include the following: Tagging unsafe equipment “Do Not Use Until Repaired,” and providing alternative equipment for employees to use until the item is repaired. Removing workers from the area until the hazard is abated. Stopping unsafe work practices and providing retraining on proper procedures before work resumes Reinforcing and explaining the need for proper personal protective equipment and ensuring its availability Barricading areas that have chemical spills or other hazards and reporting the hazardous conditions to a supervisor or Management. Foremen are to understand that they are the primary safety trainers and example setters at Hardy & Harper. All Foremen are to be trained in hazard recognition, documentation, and correction. Procedures Hardy & Harper will use to assess hazards include: Regular reviews of work place injuries and illness histories. Regular work place inspections are to be conducted by personnel who, through experience or training, are able to identify actual and potential hazards and understand safe work practices. Written reports of these inspections will be reviewed by management and the safety committee. The review will assist in prioritizing actions and verify completion of previous corrective actions. Overall inspection program results should be reviewed for trends. Train and encourage employees to report possibly hazardous situations and work practices. Hazard abatement guidelines If an imminent hazard exists, work in the area should cease, and the appropriate supervisor must be contacted immediately. If the hazard cannot be immediately corrected without endangering Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 14 of 29 employees or property, all personnel need to be removed from the area except those qualified and necessary to correct the condition. These qualified individuals will be equipped with necessary safeguards before addressing the situation. VII. ACCIDENT INVESTIGATION Procedures for investigating workplace accident & hazardous substance exposures include: Interviewing injured workers and witnesses; Examining the workplace for factors associated with the accident/exposure; Determining the cause of the accident/exposure; Taking corrective action to prevent the accident/exposure from reoccurring; and Recording the findings and actions taken. Injury Reporting Employees who are injured at work must report the injury immediately to their supervisor. If immediate medical treatment beyond first aid is needed, call 911. The injured party will be taken to the appropriate hospital or medical center. If emergency medical treatment for any injuries or illnesses is needed, call the Reception Desk who has a complete contact listing for emergencies. The supervisor of the injured employee must work with the Safety Coordinator to ensure that the "Employer's Report of Occupational Injury or Illness" and a "Workers' Compensation Claim Form" are completed properly and submitted to Management and the Insurance Company in a timely manner. If the injured employee saw a physician, upon return of the employee to work, the supervisor will call the Safety Coordinator, to verify if a medical release form was issued and if there are limitations required before allowing the employee to return to work. The health care provider may stipulate work tasks that must be avoided or work conditions that must be avoided to prevent further injury and speed the healing process. Injury Investigation The employee’s supervisor is responsible for performing an investigation to determine and correct the cause(s) of the incident. Specific procedures that can be used to investigate workplace accidents and hazardous substance exposures include: Interviewing injured personnel and witnesses Examining the injured employee’s workstation for causative factors Reviewing established procedures to ensure they are adequate and were followed Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 15 of 29 Reviewing training records of affected employees Determining all contributing causes to the accident Taking corrective actions to prevent the accident/exposure from reoccurring Recording all findings and actions taken The supervisor’s findings and corrective actions should be documented and presented to the Safety Committee using the "Accident, Injury or Illness Investigation Report" (IIPP Form 5). If the supervisor is unable to determine the cause(s) and appropriate corrective actions, other resources should be sought. Available resources include the plants Safety Committee, other Foreman, and Operations Management. The Supervisor's Report, along with the Employee Report, must be submitted to the Office, as soon as possible after the accident. VIII. EMPLOYEE HEALTH AND SAFETY TRAINING Employee safety training is provided at no cost to all employees and is conducted during the employee’s normal working hours. Safety training must be presented by a knowledgeable supervisor, other department personnel, or by outside consultants. Regardless of the instructor, all initial safety training must be documented using the “New/Transfer Employee Safety Training Record” (IIPP Form 7) or an equivalent record that includes all the information required on Form 7. This documentation shall be retained for at least three years. Initial IIPP Training When the IIPP is first implemented, all department personnel will be trained on the structure of the IIPP, including individual responsibilities under the program, and the availability of the written program. Training will also be provided on: Review of the company’s safety policy and new employee orientation Training on company’s safety rules and safe work practices. Supervisor and management training regarding new policies and procedures. How to report unsafe conditions. How to access the Safety Committee. How to report injuries and illnesses. Where to obtain information on workplace safety and health issues. Personnel hired after the initial training session will be oriented on this material before being assigned work in or around the hazards. All subsequent training sessions will be documented using IIPP Form 8, “Safety Training Record,” or equivalent. Copies of these documents must also be kept by the department and by the Safety Coordinator for at least one year. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 16 of 29 Training sessions and “Tailgate Training” will be conducted: At least once every 14 days, or when a new hazard is discovered. Training Sessions while at job sites will be conducted at least once every 10 days. New employees will be trained in the following before starting work at any Hardy & Harper Site. No employee is expected to perform a job until he or she has received instructions on how to safely and properly perform that job. No employee should start a job that appears to be unsafe. All guards and safety devices provided on all equipment and machinery must be in place before the equipment is to be used. Rolling scaffold rules for safe use. Employees are required to report any unsafe condition to their supervisor immediately. All injury’s or illness must be reported to a supervisor immediately no matter how small. Safety rules are a condition of employment and will be understood and followed by everyone. Training on Specific Hazards Foremen are required to be trained on the hazards to which the employees under their immediate control may be exposed. This training aids a supervisor in understanding and enforcing proper protective measures. All Foremen must ensure that the personnel they supervise receive appropriate training on the specific hazards of work they perform, and the proper precautions for protection against those hazards. Training is particularly important for new employees and whenever a new hazard is introduced into the workplace. Such hazards may include new equipment, hazardous materials, or procedures. Health and Safety training is also required when employees are given new job assignments on which they have not previously been trained and whenever a supervisor is made aware of a new or previously unrecognized hazard. Specific topics, appropriate to all personnel, including Supervision, include but are not limited to the following: Fire prevention techniques and fire extinguisher use Obtaining emergency medical assistance and first aid Disaster preparedness and response, including building/job site evacuation procedures Hazard communication, including training on MSDS, and chemical hazards Proper housekeeping Proper lifting techniques, material handling methods, and safe work practices Fall Protection and ladder safety. First aid and CPR Training for Superintendents Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 17 of 29 OSHA 10 hr training for Foreman Records Retention: Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year. IX. ENSURING COMPLIANCE All personnel have the responsibility for complying with safe and healthful work practices, including applicable regulations, company policy, and departmental safety procedures. Overall performance in maintenance of a safe and healthful work environment should be recognized by the supervisor and recognized for their performance. Standard progressive disciplinary measures in accordance with the applicable personnel policy will result when employees fail to comply with applicable regulations, company policy, and/or department safety procedures. All personnel will be given instruction and an opportunity to correct unsafe behavior. Repeated failure to comply or willful and intentional non-compliance may result in disciplinary measures up to and including termination. Foreman will follow Hardy & Harper disciplinary procedures as detailed in the employee handbook and summarized here. First Offense: Verbal counseling – first step. Must be documented in the employee’s personnel file. Second Offense: Written warning – outline the nature of offence(s) and necessary corrective action. Third Offense: 2nd Written Warning – Serious discussions take place with the employee and another Supervisor or Manager, retraining of the employee, and written agreement from the offending employee that he understands the gravity of the problem and will improve. This third step must require immediate corrective action on the employee’s part and written documentation given to the employee from the Supervisor that any further offense could result in immediate termination. Fourth Offense: Further disciplinary action up to and including Termination – if an employee is to be terminated, specific documented communication between the supervisor and the employee, as outlined above, must have already occurred. Foreman/Leads may be subject to disciplinary action for the following reasons: 1. Repeated safety rule violations by their department employees. 2. Failure to provide adequate training proper to job assignment. 3. Failure to report accidents and provide medical attention to employees injured at work Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 18 of 29 4. Failure to control unsafe conditions or work practices. 5. Failure to maintain good housekeeping standards and cleanliness in their departments. Employee Recognition Management recognizes the need to provide positive recognition of employees who consistently example proper and safe work practices, hazard reporting, and who are involved in daily safety activities. Hardy & Harper performance evaluations will include safety as a key recognition tool and will be used in conjunction with disciplinary procedures to ensure compliance with safety rules and practices. Encouraging Positive Performance Monitoring performance is a constant reminder that safety should be practiced at all times. Proper safety practices will result in an easier job, and better working conditions for everyone. Each supervisor, as an example setter, is held responsible for monitoring performance. Whenever an unsafe practice is observed, it must be immediately brought to the attention of the employee. On the other hand, when an employee is observed making an effort to approach a problem in a safe manner, a gesture of recognition and approval should be immediately made. As part of the Hardy & Harper incentive program, safety is an integral condition in which employees are evaluated, promoted and compensated. Our incentive program includes attendance, attitude, safety consciousness, and department safety record. Performance is monitored to encourage safety consciousness and to convince employees that unsafe working habits will not be tolerated. Where a continued failure to comply with safety procedures is observed, the employee will receive a written warning from their supervisor according to written policy. X. RECORD KEEPING No operation can be successful without adequate record keeping, which enables you to learn from past experience and make corrections for future operations. Records of accidents, work- related injuries, illnesses and property losses serve a valuable purpose. Under CAL/OSHA record keeping requirements, information on accidents is gathered and stored. Upon review causes can be identified and control procedures instituted to prevent the illness or injury from recurring. Keep in mind that any inspection of your workplace may require you to demonstrate the effectiveness of your program. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 19 of 29 Access to this Policy Procedure Hardy and Harper Company Inc., will provide access to this program, at any time during working hours. A copy of the written program will be provided within 5 days of receipt of the written request which must include the following information; a. The name and signature of the employee authorizing a designated representative to access the Program on the employee’s behalf; b. The date of the request; c. The name of the designated representative (individual or organization) authorized to receive the Program on the employee’s behalf; and This is available to any employee or their designated representative. If employee or designated representative agrees to receive an electronic copy of the program, one will be sent via that medium. Program provided will not include any of the records of the steps taken to implement and maintain the written program. Hardy and Harper will communicate the right and procedure to access the program to all employees, usually through tailgate meetings held weekly. Injury & Illness Records Hardy & Harper has taken the following steps to implement and maintain our IIPP Program: 1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe conditions and work practices, are recorded on a hazard assessment and correction form; and 2. Documentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers are recorded on a worker training form. Inspection records and training documentation will be maintained according to the following schedule: For one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment. We train our workers on the following subjects: The employer's Code of Safe Practices. Traffic control procedures Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 20 of 29 Good housekeeping, fire prevention, safe practices for operating any construction equipment. Safe procedures for cleaning, repairing, servicing and adjusting equipment and machinery. Access to safety programs procedures. Electrical hazards, including working around high voltage lines. Proper use of powered tools. Lock-out/tag-out procedures. Materials handling. Driver safety. Safely working around construction equipment Slips, falls, and back injuries. Emergency Services and First Aid. Ergonomic hazards, including proper lifting techniques, Personal protective equipment. Hazardous chemical hazards. Hazard communication training. Working with hot oil, cement, and asphalt Physical hazards, such as heat/cold stress, and noise. OSHA LOG Records Injury and illness records give us one measure for evaluating the success of your safety and health activities: success would generally mean a reduction or elimination of employee injuries or illnesses during a calendar year. The Cal/OSHA record keeping system requires five important steps: 1. Obtain a report on every injury or illness requiring medical treatment. 2. Record each injury or illness on the Cal/OSHA Log and Summary of Occupational Injuries and Illnesses, Form 300, according to its instructions. 3. Prepare a supplementary record of the occupational injuries and illnesses on OSHA Form 301, or Employers Report of Injury or Illness (Form 5020), with the same information. 4. Every year prepare the summary Cal/OSHA Form 300A. Have it signed by an Officer of the Company. Post it no later than February 1 and keep it posted where employees can see it until April 30th. 5. Maintain the last five years of these records in your files. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 21 of 29 Exposure Records CAL/OSHA standards concerning toxic substances and hazardous exposures require records of employee exposure to these substances and sources, physical examination reports, employment records, and other information. Hardy & Harper maintains these records under separate cover and in secured files. (i.e., Blood tests, Illegal Substance Testing, hearing tests) These medical records, and all health related records are maintained for 30 years after termination of employment. Documents related to the IIPP are maintained in the main office and in each foreman’s vehicle. By law, certain documents related to the IIPP must be kept private under the Health Insurance Portability Accountability Act must be maintained and considered confidential and protected and are secured in separate employee personnel files. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 22 of 29 XI. CODE OF SAFE PRACTICES This code of safe practices shall be posted or be available at each Jobsite office or be provided to each supervisory employee who shall have it readily available. General 1. All persons shall follow these safe practices rules, render every possible aid to safe operations, and report all unsafe conditions or practices to the foreman or superintendent. 2. Foreman shall insist on employees observing and obeying every rule, regulation, and order as is necessary to the safe conduct of the work, and shall take such actions as are necessary to obtain observance. 3. All employees shall be given frequent accident prevention training. Instruction shall be given at least every 10 working days. 4. Anyone known to be under the influence of drugs or intoxicating, substances, shall not be allowed on the job while in that condition. 5. Horseplay, scuffling, and other acts which tend to have an adverse influence on the safety or well-being of the employees shall be prohibited. 6. Observe good housekeeping; keep work area clear of debris, trash, and unused materials. 7. Work shall be well-planned and supervised to prevent injuries in the handling of materials and in working together with equipment. 8. No one shall knowingly be permitted or required to work while his/her ability or alertness is so impaired by fatigue, illness, or other cause s that it might unnecessarily expose him/her, or others, to injury. 9. Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that receive little ventilation; until it has been proven it is safe to enter. 10. Employees shall be instructed to ensure that all guards and other protective devices are in proper places and adjusted, and shall report deficiencies promptly to the foreman or superintendent. 11. Workers shall not handle or tamper with any electrical equipment, machinery, air or water lines in a manner not within the scope of their duties, unless they have received training and are authorized to do so. 12. All injuries shall be reported promptly to the foreman or superintendent so that arrangements can be made for medical or first aid treatment. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 23 of 29 13. When lifting heavy objects, the large muscles of the leg instead of the smaller muscles of the back shall be used. 14. Inappropriate footwear or shoes with thin or badly worn soles shall not be worn. All personnel, while working in the shop or in the field, will wear leather construction style boot, steel toes are desirable, no tennis shoes. Long pants and shirt are required. No tank tops. 15. Materials, tools or other objects shall not be thrown from structures or equipment. 16. Employees shall cleanse thoroughly after handling hazardous chemicals, and follow special instructions from authorized sources. 17. Work shall be so arranged that employees are able to face ladder and use both hands while climbing. 18. Gasoline shall not be used for cleaning purposes. 19. No burning, welding, or other source of ignition shall be applied to any enclosed tank or vessel, even if there are some openings, until it has first been determined that no possibility of explosion exists, and authority for the work is obtained from management. 20. Do not begin work without being shown where to locate the First-Aid supplies and emergency phone numbers. Report to your supervisor any shortage or lack of items in the First-Aid Kit. Be sure you know how to use the Nextel or cell phone if emergency help must be called and no land-line phone is available. Use of Tools and Equipment 1. All tools and equipment shall be maintained in good condition. 2. Damaged tools or equipment shall be removed from service and tagged "defective." 3. Only appropriate tools shall be used for the job. 4. Wrenches shall not be altered by the addition of handle-extensions or "cheaters." 5. Files shall be equipped with handles and not used to punch or pry. 6. A screwdriver shall not be used as a chisel. 7. Portable electric tools shall not be lifted or lowered by means of the power cord. Ropes shall be used. 8. Electric cords shall not be exposed to damage from vehicles driving over them. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 24 of 29 Machinery and Vehicles Rules. 1. Only authorized persons shall operate machinery or equipment. 2. Non-employees are not allowed on any equipment for any reason. 3. Loose or frayed clothing, or long hair, dangling ties, finger rings, etc. shall not be worn around moving, machinery or other sources of entanglement. 4. Machinery shall not be serviced, repaired or adjusted while in operation nor shall oiling of moving parts be attempted, except on equipment that is designed or fitted with safeguards to protect the person performing the work. 5. Where appropriate, lock-out procedures shall be used. 6. Employees shall not work under vehicles supported by jacks or, chain hoists, without protective blocking that will prevent injury if jacks or hoists should fail. 7. Air hoses shall not be disconnected at compressors until hose line-has been bled. 8. All excavations shall be visually inspected before backfilling, to ensure that it is safe to backfill. 9. Excavating equipment shall not be operated near tops of cuts, banks, and cliffs if employees are working below. 10. Tractors, bulldozers, scrappers and carryalls shall not operate where there is possibility of overturning in dangerous areas like the edges of deep fills, cut banks, and steep slopes. 11. All personnel, both operators and ground men, working around grinders, planers, brooms, and skip loaders, shall wear safety glasses. 12. Do not operate any forklift or industrial truck unless you have been trained, evaluated and authorized by Hardy & Harper Management. 13. Do not crawl under, machinery until proper lockout blockout procedures as specified in the Hardy & Harper Lockout Blockout Procedures manual, have been followed. 14. It is required that you use the personal protective equipment and devices provided for your protection. 15. When transferring fuel or refueling equipment, STOP ENGINES, DO NOT SMOKE OR ALLOW OPEN FLAME OR ANY SOURCE OF IGNITION WITHIN 25 FEET OF THE OPERATION. Keep containers closed and labeled when not in use. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 25 of 29 FIELD OPERATIONS 1. Foremen of jobsite service trucks will insure their truck contains the following safety equipment. First-Aid kit Dust masks/respirators Fire extinguishers Ear plugs Safety glasses Drinking water Yellow/green safety vests MSDS Binder Hard hats 2. All employees will be issued proper safety gear on their hire date. It is the employee’s responsibility to properly care for and bring his/her safety gear each day. Failure to do so will be considered an infraction of these rules and grounds for disciplinary action. 3. Workers on the ground around heavy equipment and equipment operators must wear yellow or orange vests or orange shirts to increase their visibility. In nighttime operations reflective vests and pants are required. Company-provided, reflective pants are to be used when working adjacent to nighttime traffic. Always know where heavy equipment is when working on the ground. Heavy equipment operators must know the location of ground workers and must look in the direction of travel before moving equipment or its component parts. 4. Ground personnel must be responsible to be aware of equipment movement at all times. 5. Make sure all back-up alarms, horns, and lights, hook safety latches, dead-man triggers, master switches and similar safety devices are operative at all times and used appropriately. Alert your supervisor immediately of any safety defects. 6. All leg supports, door supports, rotor supports, and other safety devices must be in place before work is performed under any machine. 7. Be sure all public vehicle and pedestrian traffic is protected from work operations. Be sure all workers are similarly protected from public traffic. 8. Be sure underground alert systems are notified before excavation begins. Known utilities and cables are to be exposed by hand or other approved method prior to machine excavation. Discuss specific utility locations and possible problems with the contractor or agency before beginning work. Verify USA policies have been followed. 9. Wash thoroughly after handling anything, which might injure or poison you, particularly before eating. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 26 of 29 10. All injuries no matter how minor must be reported and treated at once. Proper forms must be completed and signed. 11. Wear an approved hard-hat, when there is danger of falling objects, or when job site rules require. The hatband and suspension must be in good condition. 12. Wear safety goggles when working with hazardous liquids, when grinding, sawing, chipping, jack hammering, or when working near welding operations. Safety dust masks are available and encouraged when their use is indicated by the nature of the task being performed. 13. All personnel shall wear approved safety glasses when working on or around grinders, planers, mixers, brooms, jackhammers and at other times when there is danger of air-born debris. 14. When welding, or grinding approved guards shall be used to protect others in the area. 15. When welding, or grinding in public places the safety of pedestrians and onlookers shall be given the highest priority. 16. Company vehicles and equipment shall not be left unattended until they have been secured and the keys removed. 17. Vehicles are to be safety inspected daily prior to use, insuring all safety equipment is in order and working properly. Including but not limited to mirrors, lights, oil, turn signals, backup lights, tires etc. 18. All motor vehicle laws and Hardy and Harper Fleet Safety policies are to be obeyed. 19. Common Courtesy is required and expected with all other workers and motorists. 20. Commercial Class Drivers are to follow all State and Federal DOT regulations regarding paperwork completion, and driver logs including their timely completion and delivery to the Office. Trenching, Shoring, Backfill, and Compacting 16. Before excavation, underground utilities must be located and marked. Adjacent structures must be stabilized, as needed, using shoring, bracing, or underpinning techniques. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 27 of 29 17. Appropriate barricades, fences, protected walkways and signs must be provided to protect the public. 18. A competent person must be in charge of each excavation who is trained to identify hazardous conditions and who has the authority to take corrective action. The competent person must inspect excavations on a daily basis and after every rain. 19. Examine the trench or excavation before entry. 20. An access ladder or other safe access must be provided. 21. Install barricades, fences, protected walkways and/or signs to protect the public from the excavation site. 22. Ensure all equipment and materials are in good, working condition. 23. Pre-plan the trenching, excavation operation to include safe work practices, hazard recognition procedures, and soil determination/analysis tasks. 24. Workers must be protected from cave-ins by either an adequate sloping system or an adequate support or protective system. 25. Stairs or ladders must be provided when workers enter excavations over 4 feet deep. 26. A means of exiting the trench must be provided every 25 feet. 27. Workers must stay always from any equipment loading or unloading material. 28. Excavated or other material must be retained 2 feet or more from the edge of the excavation. 29. Workers must not enter or work in trenches with hazardous atmosphere without adequate controls. Test excavation and trench sites for oxygen deficiency or the presence of other hazardous atmosphere prior to entry. 30. Workers must wear all required personal protective equipment including hardhats, safety footwear, gloves, eye protection, hearing protection, and fall protection devices, as needed. 31. Additional shoring and bracing must be provided when excavations or trenches are located adjacent to previously backfilled excavations or where excavations are subjected to vibrations from railroad or highway traffic, operation of machinery, or other sources. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 28 of 29 32. Discourage surface crossing of trenches. 33. Protect employees from loads or objects falling from lifting or excavating equipment. 34. Keep rocks, soil, equipment, and other materials from falling into the trench. 35. Prevent water accumulation whenever possible. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 29 of 29 NEW EMPLOYEE ORIENTATION Codes of Safe Practice Receipt This is to certify that I have received a copy of the Hardy & Harper Company Codes of Safe Practices. I have read these instructions, rules and procedures, and have been given the opportunity to ask questions, understand them, and will comply with them while working for Hardy & Harper Company. I understand that failure to abide by these rules may result in disciplinary action and possible termination of my employment. I also understand that I am to report any injury (no matter how small) to my Supervisor immediately and agree to report any and all safety hazards observed while on the job. I further understand that I have the following rights. I am not required to work in any area I feel is not safe. I am entitled to information on any hazardous material or chemical I am exposed to while working. I am entitled to see a copy of the Hardy & Harper Safety Manual and Injury and Illness Prevention Program any time during work hours. I will not be discriminated against for reporting safety concerns, injuries, or work hazards. Print Name Sign Name Date Copy: Employee File Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 ! "#$%& '(! )*+++!! !( !), ),*( )-.)%*,$,+-+++!! !(! )) ( )*+.,)), ! ,)*+++!! !(/*- ,!)=895>?=@1A79B05C87BD9@89AZ[\]\^_`a^QA45>>566>B1=7F>f829159Bghijikh8H3867CE9748983E9@l886F=mA12A837FE=g>f829159Bghijio;566>F8A7E5>>8p6>EB88A5=@6>538AEC8p6>EBp8=7hJF74748CE>>EJF=m8H38657FE=AJF74E=88p6>EB88J4E@E8A=E745t83E=7537JF74E7489689AE=A;8AJE9lF=mC9Ep4Ep8;8AJF74E331657FE=5>8H6EA1985A@8CF=8@2BA837FE=kdxxhJ48=3Et898@2B748A78>8JE9lF=mC9Ep5>E357FE=EC7488p6>EB88zA34EF38hJ4F34FA=E71=@89744FAA837FE=E9A837FE=Agijk;d749E1m4gijk;gFAF=78=@8@7E>FpF7pE9869E7835>74@86597p8=7E9@89AE9m1F@5=38;8CE>>EJF=m@8CF=F7FE=A566>B7E74FAA837FE=5=@7EA837FE=Agijk;d749E1m4g537|p85=A748CE>>EJF=mh1=>8AAE7489JFA8@8CF=8@2B98m1>57FE=E9E9@89EC7412>F3~85>74bwy}~chF=J4F3435A8748wy}~@8CF=F7FE=A45>>566>BqA6538AECjjhjjjE9C8J89312F3C887689C>EE9h53>EA83E=7537FA@8CF=8@5AA385A5wD€?y dx35A8CE9531p1>57Ft87E75>ECdkpF=178AE9pE98Et895i€?y dx35A8zAF=C837FE1A689FE@h5A@8CF=8@2B74FAA837FE=h98m59@>8AAEC748 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 ! "#$%& '(! )*+++!! !( !), -./0123456-7184900:;<=0542;<></84:0/452</23?2;09@4A0<A0:13A<24AA0BC3A0>D92;00718490A<5>C:0>35/47183<5/0@32;:0/2345EFGG@;050=0A2;09@4C8>42;0A@3:0;<=0;<></84:0/452</2C5>0A:CD:0/2345:HIJEKDLKFLKML4AKDLKFLKNLOKILPQRSTUVFWXKQ4A45<=3AC:U3:0<:0IJFWL70<5:2;0>3:0<:0/<C:0>D9YMZYVQ4SVIK:0=0A0</C20A0:13A<24A9:95>A470/4A45<=3AC:ILOKHLPQRSTUVFW/<:0X70<5:<10A:45@;46:323=0QRSTUVFW20:2\4A323=0QRSTUVFW>3<]54:3:?A47<83/05:0>;0<82;/<A01A4=3>0A\4A224<QRSTUVFWVA08<20>4A>0A243:48<203::C0>D9<84/<84A:2<20;0<82;4??3/3>C024QRSTUVFW_352;0>020A735<23454?<84/<8;0<82;>01<A270524A10A352<23:23/:4?</4C529O;<`<A>X70<5:1420523<88935?0/234C:7<20A3<82;<27<9/452<35YMZYVQ4SVIFWOa420523<88935?0/234C:7<20A3<8:35/8C>0<3AD4A50>A41802:_:7<881<A23/80<025C/803_@;3/;74:2/4774589A0:C82?A47<10A:454A10A:45:0.;<835]_2<8b300`35]_4A?A471A4/0>CA0:10A?4A70>4510A:45:@;3/;7<9<0A4:483`0:<83=<:971247:X70<5:?0=0A4?FJJOG>0]A00:c<;A05;0324A;3];0A_/;388:_/4C];_829DA0<2;35]_?<23]C0_7C:/804AD4>9</;0:_;0<></;0_50@84::4?2<:204A:755954:0_5<C:0<4A=473235]_4A>3<AA;0<_C580::<83/05:0>;0<82;/<A01A4?010A:45d::971247:@0A0/<C:0>D9<b54@5/45>3234542;0A2;<5QRSTUVFWO20:2X70<5:<20:2?4AYMZYVQ4SVI2;<23:6<11A4=0>_4A<C2;4A3`0>_35/8C>35]35<5-70A]05/9f:0MC2;4A3`<2345K-fM5>UAC]M>7353:2A<2345KcUML24>020/2/CAA05235?0/2345@32;2;0YMZYVQ4S>0A0>35<//4A><5/0@32;2;0<C2;4A3`0>35:2AC/2345:O;0A02CA524@4Ab/A320A3<:02?4A2;35:CD:0/2345HIJEK/LKEL_<QRSTUVFW20:20A0><5>:08?VA0<>45893?<542;0A70<5:4?35>0105>052=0A3?3/<23454?2;0A0:O_<2370V:2<710>1;424]A<1;4?2;0A0:C82:LO4C1X70<5:<8807184900:<2<@4Ab84/<2345_@4Ab35]<A0<_4A</47745<A0>0>2A<5:14A2<2345/4=0A0>D9:0/2345HIJEOH_4AA0:3>35]@32;35;4C:35]/4=0507184900QRSTUVFW/<:0@<:1A0:052<2<592370>CA35]2;035?0/234C:10A8C>0:D<2;A447:_@<8b@<9:_;<88@<9:_<3:80:_DA0<b4A0<235]<A0<:_<5>@<3232345:<11896CA14:04?>020A73535]2;00.14:0>]A4C1_<18</0@;0A010A:45:747052<A389 Docusign Envelope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`aC;<=4234.7`a@41?F?2?BF=3<EE<LLERP0789:;<=4=A3B@4>4EBL.560789:=RIL2BI=G1CBI2AB@<R=U41BC4234@<>4L<==4@<124C=RIL2BI=1?C=2<LL4<C4@GBC23CBKH3@<R1?>4?124=2?FHF4H<2?>3BKC=3<>4L<==4@A?23FB14>4CGA?23BK2234K=4B114>4C8C4@K;?FHI4@?;<2?B?ILCB>4@N0789:;<=4=A3BF4>4C@4>4EBL.560789:=RIL2BI=G1CBI2AB@<R=U41BC4E4;2?BF@<2423CBKH39X@<R=-BC23CBKH3@<R1?>4?124=2?FHF4H<2?>4BF@<R1?>3?;3234=L4;?I4F1BC234?C1?C=2LB=?2?>424=21BC.560789:A<=;BEE4;24@NC]I4<F=<C4=L?C<2BCRLCB24;2?BF@4>?;4<LLCB>4@UR234O<2?BF<E0F=2?2K241BE23-O05Sa/2BLCB24;2234A4<C4C1CBIL<C2?;KE<24I<224CG=K;3<=<FO:J1?E24;<=4]I4<F=<.560789:;<=4A3BA<=4M;EK@4@1CBIABCDUK2C42KCF4@LKC-;/-J/-Q/<F@@?@FB2@4>4EBL<FR.560789:=RIL2BI=<124CC42KCF?FHNQL4C42KCF4@;<=41BCWX@<R=<124C234?F?2?<EBF=42B1.560789:=RIL2BI=BCG?10789:=RIL2BI=G1BCWX@<R=<124C2341?C=2LB=?2?>424=2N01<L4C?B@B1B234C27`aC4HKE<2?BFBCBC@4CG23<2L4C?B@=3<EE<LLERN]1BC234E?I?24@LKCLB=4=B123?==4;2?BF<F@=4;2?BFWcXJN9GI4<F=234UK?E@?F@GBCB234CEB;<2?BFA34C4<.560789:;<=4A<=LC4=4F2@KC?FH234?F14;2?BK= Docusign Envelope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`>26823I24NL=H26;1:LL2GG2I58?2LH842358GH:3462;>=345=>26;=3;P851@ABCDE.F;H7>5=7>L=H22;;1:LLM223I=<6:9245=62>=65@ABCDE.F;H7>5=7;:345=;5:H1=71:LL1:?22GG2I58?27251=4;:34T=6>6=I24<62;G=662;>=348395=:@ABCDE.F<4839512G=LL=P839^6;;1:LL877248:52LH2`IL<42G6=7512P=6S>L:I2:LL@ABCDE.FI:;2;:3427VOX]N.N[1227>L=H26;1:LL427=3;56:52851:;725512:>>L8I:ML262U<862723E.FI:;2;P1=4=3=542?2L=>@ABCDE.F;H7>5=7;;1:LL3=5625<635=P=6S4>268=4bE.FI:;2;P1=42?2L=>@ABCDE.F;H7>5=7;;1:LL3=5625<635=P=6S4<6839551283G2I58=<;>268=4b=6516=<91.X4:H;:G526512=3;25=G;H7>5=7;:34:5L4;83I2:G2?26=G.XXNZ429622;c:16231285=61891261:;62;=L?24P851=<5512248I:58=3N2;;=G?:II83:58=3;5:5<;K>62?8=<;83G2I58=3K=6L:IS=G@ABCDE.F;H7>5=7;KP2:6:G:I2I=?2683983512P=6S>L:I2<358L.X4:H;1:?2>:;;24;83I25124:52M29:3=6K8G512>26;=34843=51:?2@ABCDE.F;H7>5=7;KG6=75124:52=G5152;5N8627235;83;<M;2I58=3;VOX]-I/-]/-_/.N:34-I/-]/-_/ON:>>LH629:64L2;;=GP1:;>62?8=<;LHM2232`IL<424=6=5126>62I:<58=3;P2625:S238362;>=3;25=:I5=6727M26;18>83:32`>=;2496=<>N6;;1:LL62?82PI<66235@Def9<84:3I2G=6>26;=3;P1=1:4IL=;2I=35:I5;K83 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 ! "#$%& '(! )*+++!! !( !), -./01234567/89:.9-;0.98<9/-9=;-9><0;01?1;-0?9//.=.;-9>21></9>.<9-;0.98@AB;>;80.81@9>1C=-B<.98D9B-2>1<B-0@0?15.:.<.98E;F@BG98>1AB1<0@;--9D1EG-9F11<09>10B>809D9>H980?1I;<.<0?;00?1>1E9:;-9/;81EG-9F11D9B-2=>1;01B82B1>.<H09;=9EEB8.0FJ<?1;-0?;82<;/10F378<B=?=;<1<@0?11EG-9F1><?;--21:1-9G@.EG-1E180@;82E;.80;.81//1=0.:1=980>9-E1;<B>1<09G>1:1800>;8<E.<<.98.80?1D9>HG-;=1.8=-B2.8KG>9:.2.8K.<9-;0.98/9>0?11EG-9F11;00?1D9>HG-;=1;82@./.<9-;0.98.<890/1;<0?1D9>HG-;=13-B2.8K;81EG-9F11/>9E0?1D9>HG-;=1I;<1298NOP75QRS9>;=-9<1=980;1EG-9F11.8/9>E;0.98>1K;>2.8KNOP75QRSQ>1-;012I181/.0<09D?.=?0?11E>;GG-.=;I-1/121>;-@<0;01@9>-9=;--;D<3T?.<.8=-B21<;8FI181/.0<;:;.-;I-1BH-1;:1@./;GG-.=;I-1@D9>H1><J=9EG18<;0.98-;D@-9=;-K9:1>8E180;->1AB.>1D8-1;:1G9-.=.1<@;82-1;:1KB;>;80112IF=980>;=031=980;=0<3LEG-9F1><<?;--E;H1NOP75QRS01<0<;:;.-;I-1;089=9<0@2B>.8KEG-9F1>D?9?;2;=-9<1=980;=0.80?1D9>HG-;=1@D.0?0?11C=1G0.989/>10B.98UVWX4I64RR6@;82G>9:.210?1ED.0?0?1.8/9>E;0.9898I181/.0<21<=>.I1275QRS=;<1<31><?;--890./F1EG-9F11<;82.821G182180=980>;=09><D?9?;2;=-9<1=980;=81EG-9F11D?9?;2;=-9<1=980;=03Y90.=1<?;--I1G>9:.212;<<998;<G9<<0?10.E1>1AB.>120918<B>10?;00?11C=-B<.98>1AB.>1E180<9/<BI<1=0.98UVW>N921<1=0.98]^WS3]9>;8F<B==1<<9>-;D.<.81//1=0@0?11EG-9F1><?;--G>9@.8;/9>E>1;2.-FB821><0;82;I-1091EG-9F11<3Y90.=1<?;--I1K.:1809;--1.821G182180=980>;=09><;00?1D9>H<.01.8;==9>2;8=1D.0?0?1;GG-.=;I-1-;D>N921<1=0.98]^WS3]9>;8F<B==1<<9>-;D.<.81//1=0@0?11EG-9F1><?;--G>90?1;GG-.=;I-1-;D090?1;B0?9>._12>1G>1<180;0.:1@./;8F@9/0?1NOP75QRS?;2;=-9<1=980;=03T?11EG-9F1><?;--;-<9G>9:.21890.=1.8;==9>2;8=1D.0?>._12>1G>1<180;0.:1@./;8F@9/;--1EG-9F11<980?1G>1E.<1<;00?1<;E1D9>D.0?.80?1.8/1=0.9B<G1>.9233?;--G>9:.21/;=1=9:1>.8K<;8218<B>10?1F;>1D9>8IF1EG-9F11<D?18>1A21>3[?18;N5ab>1KB-;0.989>9>21>>1AB.>1</;=1=9:1>.8K<.8299><@0?;0.8`;=1=9:1>.8K<<?;--I1=-1;8@B82;E;K12@;82D9>89:1>0?189<1;82E9B0F11<;>1>1AB.>1209D1;>/;=1=9:1>.8K<B821>0?.<<1=0.989><1=0.98<UVWX3R=1G0.98<;GG-Fc1EG-9F11.<;-981.8;>99E9>:1?.=-13 Docusign Envelope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bc<=D>:7/BAB8B5=CEBD<=;7?7C<?DB=B2eEBD<=;7@5?U7=>B4<>B5=GaB4>?<>B5=G<=DfB?gE<4B>6B=O=D55?1=AB?5=27=34727=>G<=D2<B=><B=7@@7;>BA727>:5D8>53?7A7=>>?<=82B88B5=5@STUO/>:7@54459B=C<;>B5=8>5B23?5A7A7=>B4<>B5=i7>:78E33465@5E>8BD7<B?>5>:77M>7=>@7<8BF47G7M;73>9:7=>:7]=B>7DJ><>77=;6.1bf0fB?gE<4B>6O=D7MB8C?7<>7?>:<=VQQ@5?<=63544E><=>5?B@537=BE>D55?<B?F65>:7?27<=895E4D;<E87<:<X<?D>5723456778G@5?B=8><=;7@?C8<=D8>?E;>E?789B>:27;:<=B;<4A7=>B4<>B5=G@B4>7?;B?;E4<>7D<B?>:?5EC:@B4>jB=B2E21@@B;B7=;6\735?>B=CU<4E7.j1\U0HVNG5?>:7:BC:78>47A745@@B4>B>:>:77MB8>B=C27;:<=B;<4A7=>B4<>B5=868>72I1@@B;B7=;6b<?>B;E4<>7fB?.c1bf0@B4>?<>B5=E=B>8B=<;;5?D<=;79B>:2<=E@<>B5=8B=B=D55?<?7<85;;E3B7DF6723456778@5?7M>7=D7D37?B5D8G9:7?7A7=>?7DE;7>:7?B8K5@STUO/HVW>?<=82B88B5=IEFl7;>>587;>B5=RVYP5?RVYN8:<44?7AB79<=D;523469B>:>:58787;>B5=8G<P?7[EB?78:7<>B=CGA7=>B4<>B=CG<=D<B?H;5=DB>B5=B=C.cUfS0868>728>5F753C95?KB=C:5E?8G9B>:4B2B>7D7M;73>B5=8I7234567?88:<442<MB2BX7>:78E33465@5E>8BD7<B?>5>:77M>7=>@7<8BF47G7M;7 Docusign Envelope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`58F;=:FD/48O64;FD/48BE232DE22@:64A22B43C2<ODE2<FD24HDE26F5D<FAFDDE2B45/D/P2QRSTUVJKD25DF8<a43QRSTUVJK</F9845/5>_E25232;43<55EF66L2322:23/4</8BE/;EDE232;43</582;255F3AD4@22DDE232b=/32@28D54HDE/552;D[M\I>[>EF6632DF/8DE284D/;2532b=/32<LA5=L52;D/48[M\I.20/8F;;43<F8;2B/DEcFL=;;255436FB>8D/HA/89/8H43@FD/484HQRSTUVJK;F52543:235485B/DEQRSTUVJK5A@:D4@;F632;43<532b=/32<LADE/552;D/4843LA52;D/485[M\I>JDE34=9E[M\I>[O5EF6255</5;645=32/532b=/32<43:23@/DD2<LA6FB>f832<F;D2</8H43@FD/4848QR<D4DE264;F6E2F6DE<2:F3D@28DB/DE]=3/5</;D/484P23DE2B43C:6F;2OQUegO2</FD26A=:4832b=25DOF8<BE2832b=/32<LA6FB>8DD4D/D62iO52;D/48[[M>[ODE2U/P/5/48@FA32b=/32F82@:64A23D4DFC2F<</DF9F/85DQRSTUVJKEF7F3<5DE34=9EDE2/55=F8;24HF8R3<23D4_FC2h:2;/F6D2<Yh2;D/48JWM>[OcFL43Q4<2>^2H2328;2Yh2;D/485JWM>[OJWW>dF8<dW\K>dOg/5D43A2<JJV[\VM\M\F5F82@23928;Aq4:23FD/P2JJV[\VM\M\>Z@23928;A2G:/3FD/483<23XVW\VM\0:6=5F8F<</D/48F6d\<FA5.ZG2;=D/P2R3<23XVrJVM\0.^29/5D24@:6/F8;2@=5DL2D3F85@/DD2<D4R1cLAJ\VJVM\MJ432@23928;A6F89=F9248DE2H4664B/89<FA>?43:3/43E/5D43AO522^29/5D23rWOX4>W[>4@/55=2<ZG2;=D/P2R3<23XViWVM\.M\JKQ1ZRiWVM\0O<FD2<U2;2@L23J:34P/5/485326FD/89D4DE22G;6=5/484HQRSTUVJK;F525H34@DE2B43C:6F;2>D/484H:=8;D=FD/48233435/85=L52;D/485.L0.J0O.;0.[0.U0O.;0.J\0.Q0F8<.;0./62<B/DEF@28<@28D5dVJrVM\MJF5F82@23928;Aq4:23FD/P2dVJrVM\MJ:=35=29/5D23M\MJOX4>MI0>ZG2@:DH34@DE21e1:=35=F8DD4s4P238@28DQ4<252 Docusign Envelope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`5:82=P4084<D_92430N72139 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 !! "#$%& "'(! )*+++!! !, -!). ).*, )'/)%*.$.+'+++!! !,! )) , )*+/.)). ! .)*+++!! !,-*' .!)=895>?=@1A79B05C87BD9@89AYTZ[\]^_`aQ37FE=566>F8A1=7F>e829159Bfghihj;566>F8A7E5JE9l6>5383Em898@2BA837FE=fhijFC74988E9nE988n6>EB88oD8@t9E16g5A@8CF=8@2BA12A837FE=fhijb2cb:cgmFAF78@748JE9lAF78@19F=t7488@19F=t5kur@5B689FE@g1=>8AA5o5>FCE9=F5q86597n8=7ECv12>F3w85>74bo@89@8CF=8AE172985l1AF=t5@FCC898=7=1n289ECoDp?qrks35A8A5=@xE95@F35A874FAA837FE=566>F8AJ48=748=1n289EC35A8A57748JE9lAF783E=A7F71788CF=F7FE=;A45>>566>B1=7F>74898598E=8E9C8J89=8JoDp?qrks35A8A@878378@F=748FE@;7F=t;16E=28F=t3Em898@2B74FAA837FE=g7488n6>EB89A45>>n5l8oDp?qrks78A76>EB88AJF74F=7488H6EA8@t9E16g98t59@>8AAECm533F=57FE=A7571Ag@19F=t8n98719=8@35A8A5=@8n6>EB88AJ4EJ898=E7698A8=757748JE9l6>538@19F=t@89A12A837FE=fhij;kb5c;5>>748=n5l878A7F=t5m5F>52>8E=5J88l>B25AFA7E5>>8n6>EB88AF=7488H6EE9l6>538;J4E45@3>EA83E=7537AA45>>45m85=8t57Fm8oDp?qrks78A775l8=JF74F=7498E=7537E9A45>>288H3>1@8@5=@CE>>EJ74898719=7EJE9l98K1F98n8=7AECA12748@578EC748>5A7l=EJ=3>EA83E=7537; Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 !! 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Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 01203.0023 2076571.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION Item Labor / Equipment Unit Unit Price 2-1 Laborer $/HR 2-2 Foreman $/HR 2-3 Traffic Control / Flagger $/HR 2-4 Equipment Operator $/HR 2-5 Crack Seal Technician / Applicator $/HR 2-6 Asphalt Patching Crew $/HR 2-7 Skid Steer / Bobcat with Operator $/HR 2-8 Skid Steer / Bobcat with Grinder Attachment and Operator $/HR 2-9 Dump Truck with Operator $/HR 2-10 Asphalt Hot Box / Patch Truck with Operator $/HR 2-11 Sawcutting Equipment / Sawcut Truck with Operator $/HR 2-12 Compressor with 90-lb Hammer $/HR 2-13 Plate Compactor / Jumping Jack $/DAY 2-14 Pickup Truck $/DAY 2-15 Crew Truck $/DAY 2-16 Vacuum Sweeper $/DAY 2-17 Water Truck $/DAY 2-18 Portable Changeable Message Sign $/DAY 2-19 Arrow Board $/DAY 2-20 Temporary Steel Plate $/DAY 145.00 160.00 125.00 150.00 150.00 1,350.00 235.00 240.00 200.00 210.00 375.00 10.00 100.00 200.00 285.00 200.00 3,000.00 600.00 235.00 300.00 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 BA20241230236 Entity Details Corporation Name HARDY & HARPER, INC. Entity No.0443071 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Mailing Address of Corporation Mailing Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Attention Street Address of California Office of Corporation Street Address of California Office 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Officers Officer Name Officer Address Position(s) Kristen S. Paulino 32 RANCHO CIRCLE Lake Forest, CA 92630 Secretary, Chief Financial Officer DANIEL THOMAS MAAS 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Chief Executive Officer Additional Officers Officer Name Officer Address Position Stated Position Michael A Amundson 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Vice President Directors The number of vacancies on Board of Directors is: 0 Director Name Director Address Tessa Irene Maas 32 Rancho Circle Lake Forest, CA 92630 +Daniel Thomas Maas 32 RANCHO CIRCLE LAKE FOREST, CA 92630 +Kristen S Paulino 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Agent for Service of Process Agent Name KRISTEN S. PAULINO Agent Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Type of Business Type of Business ASPHALT PAVING CONTRACTOR STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 657-5448 B2 8 5 6 - 2 3 8 1 0 7 / 0 1 / 2 0 2 4 1 0 : 4 6 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 1 of 2 For Office Use Only -FILED- File No.: BA20241230236 Date Filed: 7/1/2024 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kristen S. Paulino Signature 07/01/2024 Date B2 8 5 6 - 2 3 8 2 0 7 / 0 1 / 2 0 2 4 1 0 : 4 6 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 2 of 2 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 REQUEST FOR PROPOSALS Asphalt Paving Services On-Call Roadway Sectional Repair Services for Palos Verdes Drive South within the Portuguese Bend Landslide Complex Submitted By: Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 Date of Submittal: April 24, 2026 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 STATE LIC. Number 215952 Subcontractors Subcontractor: Interstate Striping Address: 895 S. Sunnyside Ave. San Bernardino, CA 92408 CSLB License No.: 1087140 DIR: 1000866044 Role and Responsibilities: Interstate Striping will serve as the pavement marking subcontractor and will be responsible for furnishing all labor, materials, equipment, and supervision necessary to complete all striping and pavement marking work required under this project. Their responsibilities include, but are not limited to: • Installation of pavement striping, markings, and symbols in accordance with project plans, specifications, and applicable standards • Surface preparation to ensure proper adhesion and durability of striping materials • Implementation of all required traffic control measures associated with striping operations • Coordination with the Proposer’s project team and other trades to ensure proper sequencing and timely completion of work • Adherence to all applicable local, state, and federal regulations, including safety and quality requirements • Participation in inspections and prompt correction of any deficiencies to ensure compliance with project requirements Qualifications and Compliance: Interstate Striping is experienced in roadway striping and will perform all work in accordance with applicable regulatory standards and project specifications. The subcontractor will maintain all required licenses, certifications, and insurance coverage for the duration of the project. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Company Background and Experience Hardy & Harper, Inc. began seventy-nine years ago as a small asphalt patch and repair company. Through the years we have grown to be one of the premier asphalt paving contractors in Southern California. We offer a multitude of services such as asphalt removal and replacement, new grade and paves, skin patching, overlays, and implementation of preventative asphalt paving programs. We service projects of all sizes for commercial, industrial, and public sector clients with integrity, best in class workmanship and value engineered construction. Our experienced concrete crews are trained for small and large projects. They are ready at moment’s notice to handle all your concrete needs. They approach each project with high performance, production, and quality. Our crews are trained and experienced in the following: curb and gutters, sidewalks, flow lines, ADA compliant handicap ramps, concrete cutting, demolition, and reconstruction. A significant portion of Hardy & Harper, Inc.’s business is devoted to city and county asphalt and concrete maintenance. We’ve held multiple maintenance contracts with various cities over the past twenty years and continue to perform quality maintenance services. Hardy & Harper, Inc. has three concrete crews, three grinding crews, and five asphalt patch crews currently serving our existing city and county maintenance clients. These crews were developed to act as “total quality quick response units” and have been trained and implemented as a tool to enhance performance, production, and quality in the field under the supervision of Rigo Bolanos, Superintendent of Maintenance. Having crews in these specialties devoted to city maintenance working together with standardized procedures and an integrated team approach promotes a high degree of professionalism, efficiency, and quality. The expertise and experience these crews gain from working on the jobsites at one city is transferred to jobsites within cities all over Southern California. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Project Understanding 1. Sidewalk Grinding: A one-man crew with a cement grinder and sweeper follows a prescribed route planned by the Superintendent of Maintenance so that he can move swiftly to each repair site and complete the work in a single visit. 2. Concrete Removal & Replacement: This includes sidewalk, curb, curb & gutter, cross gutter, spandrel, and curb ramps. Saw cutting to remove damaged material is done first. All debris is removed and hauled away from the site. For sites where roots are not involved, concrete forms are anchored in position and concrete is poured. After the concrete has cured a finish crew will remove the forms and backfill as necessary to give the jobsite and clean and finished look. Any damaged sprinklers will then be repaired. Repair sites laden with roots will be left open until a city contracted root grinding crew can remove the roots. Once the roots are removed our crew will form and pour. If required, we will then apply and compact any required asphalt. The area will then be backfilled, and sprinklers repaired as necessary. 3. Road Maintenance: Saw cutting to remove damaged material will be completed first. A remove and replace crew with a backhoe and dump truck will remove and haul away any debris from the site. The site will then be capped, finished, and compacted unless the depth needed requires a base course to be laid first. In which case, the base course will be laid first and then the crew will cap and finish it. 4. Grading: Hardy & Harper, Inc. has all the necessary equipment to perform grading of right-of-way and dirt access roads. 5. Traffic Control: Traffic control is dependent on the type of work being executed. Major arterials may require additional cones, arrow boards, CMS boards, lane closure/detour signs and flagger(s). Residential work may only require cones and lane closures. We access each location prior to mobilization to ensure that all proper and necessary traffic control is in place for each designated repair. The safety of our employees and the traveling public is always a top priority. 6. Response Time and Staging Area: A two to four hour show up time is obtainable for a Foreman and Superintendent to arrive on site for all areas. Hardy & Harper, Inc.’s staging area is located at 28585 Highway 74, Perris, CA 92570. 7. Warranty: Hardy & Harper, Inc. provides and one (1) year warranty on all workmanship and materials provided. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Project Staffing and Organization Vice President: Michael Amundson Mobile: (714) 620-4296 Office: (714) 444-1851 Email: mamundson@hardyandharper.com Project Manager: Chandler Oveson Mobile: (714) 421-8873 Office: (714) 444-1851 Email: coveson@hardyandharper.com Superintendent: Rigo Bolanos Mobile: (562) 313-8268 Office: (714) 444-1851 Email: rbolanos@hardyandharper.com Foreman: Fabian Juarez Mobile: (714) 824-9816 Email: fjuarez@hardyandharper.com Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Michael Amundson mamundson@hardyandharper.com (714) 620-4296 OBJECTIVE: To contribute my experience, education and motivation to a dynamic organization that is focused on excellence in the field of construction management. EDUCATION: University of San Diego B.A. Communications/Business Administration GPA: 3.3 Honor Roll: 1998, 1999, 2000 Lake Forest, CA 11/2005 - Current EXPERIENCE: Hardy & Harper, Inc. - Vice President Senior Estimator/Project Manager Estimate and manage all asphalt and concrete maintenance project. Responsibilities included: Negotiating Change Orders, Contracts, Bonds, Insurance, Scheduling, coordinating subcontractors, gathering quantities, Billings, and quarterly closings. Estimate public works projects containing extensive paving, concrete, grading, excavation, electrical, underground, landscaping and striping. Manage multiple people in the estimating and project management division. Monthly estimating load of $10-$20 million; Approximately 5-10 bids per week. Proficient using Primavera Project Manager, Microsoft Excel, and Word. Experience with Microsoft Project. Certified Advanced SWPPP training. Sequel Contractors, Inc. Santa Fe Springs, CA 4/2003-11/2005 Project Manager/Project Estimator Estimated over 200 projects with extensive paving, grading, excavation, electrical, concrete, underground, and landscaping. Managed over 30 projects containing paving, grading, excavation, electrical, concrete, underground, and landscaping. Managed all aspects of project horizontally from inception to completion. Responsibilities included: Negotiating Change Orders, Contracts, Bonds, Insurance, Scheduling, coordinating subcontractors, gathering quantities, Billings, and quarterly closings. Managed five teams of 6-15 employees. Monthly estimating load of $10 million; Approximately 5-10 bids per week. Proficient using Primavera Project Manager, Microsoft Excel, and Word. Experience with Microsoft Project. Certified Advanced SWPPP training. Produce SWPPP/BMP Plans. Registered Notary Public in the State of California. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Rigo Bolanos Professional Summary Experienced and results-driven Paving Superintendent with over 18 years in the heavy civil construction industry, including 3 years in a superintendent role and a strong background as a Paving Foreman. Proven ability to lead crews, manage complex paving projects from start to finish, ensure quality control, and meet tight deadlines and budgets. Strong leadership, communication, and problem-solving skills, with a deep understanding of paving operations, safety standards, and equipment. Work Experience Paving Superintendent Hardy & Harper, Inc., Lake Forest, CA November 2021 – Present - Supervise and coordinate all paving activities on various municipal, commercial, and highway projects. - Manage crews, subcontractors, materials, and equipment to ensure smooth daily operations. - Schedule daily tasks and monitor progress to meet production goals and deadlines. - Conduct site inspections and enforce safety protocols and quality control standards. - Collaborate with project managers and inspectors to ensure compliance with plans and specifications. - Troubleshoot field issues and provide on-the-spot solutions to avoid delays. - Maintain daily job reports, timecards, and material tracking logs. Paving Foreman Hardy & Harper, Inc., Lake Forest, CA November 2005 – November 2021 - Led paving crews in laying asphalt on roads, parking lots, and highways. - Read and interpreted blueprints, specifications, and grade plans. - Operated paving machinery and ensured proper placement, compaction, and finish of asphalt. - Trained and mentored crew members on safety practices and paving techniques. - Coordinated with trucking companies, plant operators, and suppliers to ensure timely delivery of materials. - Ensured project areas were set up and maintained according to traffic control and safety standards. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Skills - Paving Operations & Techniques - Crew Leadership & Team Management - Heavy Equipment & Machinery - Scheduling & Daily Planning - Safety Compliance (OSHA Standards) - Quality Assurance & Inspection - Blueprint & Grade Reading - Effective Communication - Problem Solving On-Site - Time & Material Tracking Certifications - OSHA 30-Hour Construction Safety and Health - First Aid/CPR (Current) References Available upon request. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 STATE LIC. Number 215952 Client References Agency: Moulton Niguel Water District Address: 26880 Aliso Viejo Parkway, Aliso Viejo, CA 92656 Contact Person: Jim Sampson, Project Manager Phone: (949) 831-2500 Email: jsampson@mnwd.com Agency: City of Diamond Bar Address: 21825 E. Copley Drive, Diamond Bar, CA 97765 Contact Person: Jorge Garcia, Project Manager Phone: (909) 983-7046 Email: j.garcia@diamondbarca.gov Agency: City of Rancho Palos Verdes Address: 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Contact Person: Ron Dragoo, Project Manager Phone: (310) 544-5252 Email: rond@rpv.com Agency: City of Anaheim Address: 200 Anaheim Blvd, Anaheim, CA 92805 Contact Person: Kal Lambaz, Project Manager Phone: (714) 765-6935 Email: klambaz@anaheim.net Agency: City of Corona Address: 735 Public Safety Way, Corona, CA 92880 Contact Person: Eugene Silvas, Project Manager Phone: (951) 279-3629 Email: eugene.silvas@coronaca.gov Agency: City of Laguna Beach Address: 505 Forest Avenue, Laguna Beach, CA 92651 Contact Person: Alpha Santos, Project Manager Phone: (949) 497-0729 Email: asantos@lagunabeachcity.net **All projects listed Project Team includes Rigo Bolanos as Superintendent, Michael Amundson as Project Manager, and Fabian Juarez as a Foreman.** 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 OWNER/AGENCY CONTACT PROJECT NAME, CONTRACT AMOUNT, & CONTRACT DURATION City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Sam Hout samh@rpv.com (949) 274-2543 Annual Street Maintenance & Annual Slide Repairs $3,550,500.00 July 2019 - June 2024 City of Corona 735 Public Safety Way Corona, CA 92880 Eugene Silvas eugene.silvas@coronaca.gov (951) 279-3629 Annual Maintenance $610,000.00 July 2018 - June 2021 Moulton Niguel Water District 26880 Aliso Viejo Parkway Aliso Viejo, CA 92656 Jim Sampson jsampson@mnwd.com (949) 831-2500 On-Call Asphalt & Concrete Repair Services $4,800,000.00 April 2019 - April 2022 City of Anaheim 200 Anaheim Blvd Anaheim, CA 92805 Patrick Kelley pkelley@anaheim.net (714) 765-6935 Street Maintenance, Construction & Immediate Response $1,000,000.00 May 2024 - May 2026 City of Jurupa Valley 8930 Limonite Avenue Jurupa Valley, CA Mike Waltz mwaltz@jurupavalley.org (951) 332-6464 2019-2021 Asphalt Repair & Replacement Service $99,998.00 June 2019 - June 2021 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Arturo Rodriguez arodriguez@santa-ana.org (714) 647-3303 Asphalt Street Maintenance $990,000.00 December 2020 - November 2021 City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 Alpha Santos asantos@lagunabeachcity.net (949) 497-0729 On-Call Pavement Maintenance Services $687,800.00 Februaury 2021 - March 2025 City of Rialto 335 W. Rialto Avenue Rialto, CA 92376 Tony Brandyberry tbrandyberry@rialtoca.gov (909) 421-4910 On-Call Permanent Trench Paving Work $400,000.00 June 2020 - July 2021 City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 Jerry Barragan jbarragan@chinohills.org (909) 364-2816 On-Call Asphalt Repair $500,000.00 April 2023 - June 2025 City of Claremont 207 Harvard Avenue Claremont, CA 91711 Enrique Villalobos evillalobos@ci.claremont.ca.us (909) 399-5479 On-Call Asphalt and Concrete Repair Services $250,000.00 November 2023 - June 2024 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 John Salazar jsalazar@newportbeachca.gov (949) 718-3460 On-Call Maintenance/Repair Services $300,000.00 November 2022 - October 2025 City of Chino 13220 Central Avenue Chino, CA 91710 Daniel Vest (909) 334-3367 dvest@cityofchino.org As-Needed AC Removal & Repair/Replacement Services $1,566,200.00 July 2022 - June 2025 Hardy & Harper, Inc. Annual Maintenance Contracts Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 STATE LIC. Number 215952 Safety Please see the attached documents regarding our firm’s Safety Qualifications including OSHA 300 and 300A Logs, Experience Modification Rate (EMR), Injury and Illness Prevention Program (IIPP), and Training Record and Certifications. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 Our work crews are union trained employees. Their training consists of: • OSHA 10 • CPR/First Aid (Every 2 years) • Traffic Control • HAZCOM + Silica + heat illness training Foreman: • OSHA 30 • Competent Person Trainings Core Safety Certifications OSHA 10 & OSHA 30 • Hazard recognition, PPE, fall protection, electrical safety, trenching, etc. CPR / First Aid • Emergency response, rescue breathing, injury care Hazard Communication (HAZCOM) • Understanding SDS sheets, chemical exposure risks Construction Site Safety Training Traffic Control / Flagging • Lane closures, MUTCD/Caltrans standards, work zone safety Forklift / Equipment Safety • Safe operation, load handling, OSHA compliance Trenching & Excavation Safety • Cave-in protection, shoring, soil classification (commonly included in OSHA modules) Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 32 RANCHO CIRCLE l LAKE FOREST, CA 92630 l (714) 444-1851 · FAX (714) 444-2801 How the Training is Delivered Combination of: • Classroom instruction • Hands-on field training • On-the-job apprenticeship (thousands of hours) Emphasis is always on: • “Every worker goes home safe” culture Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Lucio Barrios Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762738 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Juan Santillano Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762735 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Oscar Verino Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762754 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Daniel Gamboa Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762727 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 HEARTSAVER Heartsaver ® First Aid CPR AED has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Heartsaver First Aid CPR AED Program. Optional modules completed: Issue Date Training Center Name Training Center ID Training Center City, State Training Center Phone Number Training Site Name Renew By Instructor Name Instructor ID eCard Code QR Code To view or verify authenticity, students and employers should scan this QR code with their mobile device or go to www.heart.org/cpr/mycards. © 2023 American Heart Association. All rights reserved. 20-3002 R3/23 Rigo Bolanos Heartsaver Total 1/10/2026 Express Training Solutions, Inc. CA20926 San Diego, CA (888) 815-0313 01/2028 Rosita Jimenez 25051814247 266018762739 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 OSHA’s Form 300A (Rev. 04/2004) Summary of Work-Related Injuries and Illnesses Note: You can type input into this form and save it. Because the forms in this recordkeeping package are “fillable/writable” PDF documents, you can type into the input form fields and then save your inputs using the free Adobe PDF Reader. Year 20 U.S. Department of Labor Occupational Safety and Health Administration Form approved OMB no. 1218-0176 All establishments covered by Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the Log. If you had no cases, write “0.” Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR Part 1904.35, in OSHA’s recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases (G) (H) (I) (J) Number of Days Total number of days Total number of days of away from work job transfer or restriction (K) (L) Injury and Illness Types Total number of . . . (M) (1) Injuries (4) Poisonings (2) Skin disorders (5) Hearing loss (3) Respiratory conditions (6) All other illnesses Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instructions, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any other aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistical Analysis, Room N-3644, 200 Constitution Avenue, NW, Washington, DC 20210. Do not send the completed forms to this office. Total hours worked by all employees last year Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Title Company executive Phone Date Employment information (If you don't have these figures, see the Worksheet on the next page to estimate.) North American Industrial Classification (NAICS), if known (e.g., 336212) Industry description () Zip Establishment information Your establishment name Street City Human Resources Manager Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 April 22, 2026 RE: Hardy & Harper, Inc. 2026 Experience Modification Rating Analysis To Whom It May Concern: The Baldwin Group is the Workers’ Compensation insurance broker for Hardy & Harper, Inc. Below is a summary of the company’s Workers’ Compensation Experience Modification Rate (EMR) in California. EMR History 2024: 1.07 2025: 1.08 2026: 1.05 The 2026 EMR of 1.05 reflects an improvement from prior years and demonstrates positive loss performance relative to the company’s size and operational scope. Hardy & Harper maintains an active and continuously improving safety and risk management program, including: Formal Return-to-Work Program Hardy & Harper has a Safety Committee that meets quarterly to discuss safety issues in the field and make improvements to their programs internally. They also meet on an ad hoc basis. They have a dedicated full-time equipment and vehicle fleet manager who monitors all telematics data and implements a proactive vehicle maintenance program Baldwin Risk Mitigation is involved monthly in site visits, trainings, and attends safety meetings Baldwin is active in monitoring claims trends and customizing the safety service plan to address these trends and mitigate future losses. Our claims team is actively stewarding open claims and bringing them to closure These controls are designed to reduce claim frequency and severity while supporting injured employees’ timely return to work. Hardy & Harper remains committed to maintaining a strong safety culture and managing risk effectively as operations continue to grow. The company’s EMR trend reflects this ongoing focus on safety, loss control, and operational accountability. Should you require any additional information, please do not hesitate to contact us. Sincerely, Darby Dempsey, CRIS The Baldwin Group Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM for Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 2 of 29 TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE ..................................................................................... 3 II. RESPONSIBILITIES .......................................................................................................... 3 Supervisors/Foremen/Leads ........................................................................................................................... 3 All Employees ................................................................................................................................................ 4 III. JOB HAZARD ASSESSMENT .......................................................................................... 4 IV. IDENTIFYING WORKPLACE HAZARDS .................................................................... 10 V. COMMUNICATING WORKPLACE HAZARDS ............................................................. 12 VI. CORRECTING WORKPLACE HAZARDS ..................................................................... 13 VII. ACCIDENT INVESTIGATION ...................................................................................... 14 Procedures for investigating workplace accident & hazardous substance exposures include: ..................... 14 Injury Reporting ........................................................................................................................................... 14 Injury Investigation ...................................................................................................................................... 14 VIII. EMPLOYEE HEALTH AND SAFETY TRAINING ................................................... 15 Initial IIPP Training ..................................................................................................................................... 15 Training on Specific Hazards ....................................................................................................................... 16 IX. ENSURING COMPLIANCE ............................................................................................ 17 X. RECORD KEEPING .......................................................................................................... 18 Access to this Policy Procedure ................................................................................................................... 19 Injury & Illness Records .............................................................................................................................. 19 XI. CODE OF SAFE PRACTICES ........................................................................................ 22 NEW EMPLOYEE ORIENTATION ........................................................................................... 29 Codes of Safe Practice Receipt .................................................................................................................... 29 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 3 of 29 I. INTRODUCTION AND PURPOSE It is the policy of Hardy & Harper Inc., to maintain a safe and healthful work environment for each employee (including contract employees), and to comply with all applicable occupational health and safety regulations as found in Section 3203 of the GISO of Title 8 of the California Code of Regulations. This Injury and Illness Prevention Program (IIPP) is intended to establish a framework for identifying and correcting workplace hazards within our company, while secondarily addressing legal requirements for a formal, written Injury and Illness Prevention Program (IIPP). II. RESPONSIBILITIES Safety Administrator Chris Icamen, has the authority and responsibility to ensure Corporate implementation of this Injury and Illness Prevention Program, (IIPP), and to ensure the health and safety of our work sites and Associates and will implement this program by communicating Management's emphasis on health and safety, by analyzing work procedures for hazard identification and correction, ensure regular workplace inspections, provide health and safety training, and encourage prompt employee reporting of health and safety concerns without fear of reprisal. Responsibilities to the program will include the review of this IIPP in order to make relevant changes as required by the hazards of the work environment, and workplace safety rules. Timely correction of workplace hazards will be tracked by the Safety Coordinator and each job site Supervisor or leadman. A review of all reports of unsafe conditions, workplace inspections, and injury reports will be made each week. Supervisors/Foremen/Leads Managers and Foreman play a key role in the implementation of the IIPP in their work areas. They are responsible for: Develop and enforce safety rules, regulations and safe work practices. Conduct safety meetings and tailgate training sessions at least every 10 days. Answering worker’s questions about the IIPP Program. Informing workers of the provisions of our IIPP Program. Ensuring periodic, documented inspection of workspaces under their authority. Promptly correcting identified hazards. Modeling and enforcing safe and healthful work practices. Providing appropriate safety training and personal protective equipment. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 4 of 29 Initiate corrective actions for any unsafe conditions or behaviors in a timely manner. Stopping any employee’s work that poses an imminent hazard to either the employee or any other individual. Performing an investigation to determine, document and correct the cause(s) of all accidents. Encouraging employees to report health and safety issues to their Supervisor and Safety Committee without fear of reprisal. Recognizing employees who perform safe work practices. Ensuring access to this written program to any Employee or their designated representative during business hours. All Employees It is the responsibility of all staff to comply with all applicable health and safety regulations, Company policies, and published work procedures. This includes but is not limited to: Observing health and safety-related signs, posters, warning signals and directions Reviewing the building emergency plan and emergency assembly areas Learning about the potential hazards of assigned tasks and work areas Taking part in appropriate health and safety training Following all safe operating procedures and precautions Using proper personal protective equipment Warning coworkers about defective equipment and other hazards Reporting unsafe conditions immediately to a supervisor, and stopping work if an imminent hazard is presented Participating in workplace safety inspections III. JOB HAZARD ASSESSMENT It is the policy of Hardy & Harper to conduct self audits and inspections to identify and correct unsafe conditions or work practices which may result in injuries or property losses. To accomplish this Hardy & Harper uses Job Hazard Analysis (JHA) to identify the scope of work being performed. Form “IIPP Job Hazard Analysis Form #12” is used to generate a Site Specific JHA. Hardy & Harper employees perform the following tasks. Asphalt Paving Slurry Seal Concrete curb cutters, and sidewalk grinding, demo and reconstruct. Trenching Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 5 of 29 o Conduit Installation o Backfill and compact Risk Matrix Chart KEY SEVERITY A Certain B Very C Likely D Unlikely E Improbable 1 Negligible 2 Slight 4 High 5 Very High == Medium Risk = High Risk PR O B A B I L I T Y 3 Moderate Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 6 of 29 Job Hazard Analysis Task Possible Risk Control Measures Used Asphalt Paving w/Paving Machine C3 1. Equipment injuries from unguarded moving parts, broken fluid or gas lines. 2. Damage to equipment or personnel from un- authorized operators. 3. Contamination of hands or skin by cleaning oils or agents. 4. Backing accidents from dump trucks or other equipment backing up in traffic or around people. 5. Burn injuries from working with hot asphalt. 6. Slip fall injuries from mounting and dismounting equipment. 7. Unexpected startup of equipment injuries. 8. Injuries from loading and unloading paver machine from transport trailer. 9. Fire hazards from working with hot asphalt and burners. 10. Pinch point injuries from moving parts. 11. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 1. Operators shall perform a pre-operational check of their equipment. Be familiar with the operator's manual. Report needed repairs promptly. Do not use any equipment that is unsafe. 2. Supervisors shall verify that operators are capable and qualified on each type of equipment before allowing the equipment to be operated unsupervised. 3. Training will be conducted on the proper use of cleaning. 4. One person only shall direct truck drivers backing into or leaving paver. 5. Wear appropriate personal protective equipment consistent with the hazard, including long pants, appropriate work boots, and hand protection. Do not leave paver unattended when heating screed. Be aware of hot places on paver to avoid burns according to training provided. 6. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from equipment. 7. Never attempt to start or operate the machine except from the operator's station. 8. Use caution when loading/unloading paver from trailer, especially in wet or damp conditions. When transporting paver or trailer, check to be sure load is properly secured. 9. Be aware of fire extinguisher locations on equipment and make sure they are properly charged. 10. Stay clear of all moving parts, cables, shafts, belts, flywheels, etc. All moving parts must be guarded prior to energizing any machine. 11. Operators should be aware of employees and others on foot in work zones. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 7 of 29 Task Possible Risk Control Measures Used Asphalt Paving Drop and Roll Method C3 1. Contamination of hands or skin by cleaning oils or agents. 2. Backing accidents from dump trucks or other equipment backing up in traffic or around people. 3. Burn injuries from working with hot asphalt. 4. Slip fall injuries from mounting and dismounting equipment. 5. Unexpected startup of equipment injuries. 6. Injuries from loading and unloading asphalt from transport trucks. 7. Fire hazards from working with hot asphalt and burners. 8. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 1. Training will be conducted on the proper use of cleaning. 2. One person only shall direct truck drivers backing into or leaving paver. 3. Wear appropriate personal protective equipment consistent with the hazard, including long pants, appropriate work boots, and hand protection. Do not leave paver unattended when heating screed. Be aware of hot places on paver to avoid burns according to training provided. 4. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from equipment. 5. Never attempt to start or operate the machine except from the operator's station. 6. Use caution when unloading from trucks, stay in the vision zone of the truck operator and not behind the vehicle. 7. Be aware of fire extinguisher locations on equipment and make sure they are properly charged. 8. Operators should be aware of employees and others on foot in work zones. Task Possible Risk Control Measures Used Backhoe, Blade, Roller and Loader C3 1. Equipment injuries from unguarded moving parts. Damage to equipment or personnel from un- authorized operators. 2. Tip over or fall injuries from machine or vehicle rollover, struck by another vehicle or other accident. 1. Supervisors shall verify that drivers are capable and qualified on each type of equipment before allowing the equipment to be operated unsupervised. Drivers shall perform a pre-operational check of their equipment. Be familiar with operator's manual. Report all needed repairs promptly. Do not use any equipment that is unsafe. 2. Operators shall wear seat belts and/or shoulder harnesses as provided. Be sure outriggers are properly set before operating backhoe. Never allow anyone to work under a raised bucket. When operating on slopes, use caution when swinging bucket Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 8 of 29 3. Injuries from accidents due to poor visibility. 4. Slip fall injuries from mounting and dismounting equipment. 5. Backing injuries, of other workers, pedestrians, property or vehicles 6. Fire hazards from working with hot asphalt and burners especially when disembarking from machine. 7. Struck by injuries from moving cars, machines, tractors, dump trucks and grinding machines. 8. Electrical shock injuries from working around ground electrical vaults and lines, and working near overhead electrical lines. 9. Unexpected movement of equipment injuries and possible pedestrian or public misuse of equipment liability. in the downhill direction. Dump on the uphill side. Keep loader bucket low when moving. 3. Keep windshield, windshield wipers, side windows and mirrors clean. Make sure that the mirrors provide a large as possible view of the rear. 4. When mounting or dismounting equipment, use steps and handholds provided. Do not jump from vehicle. 5. Plan ahead to minimize or eliminate the need for backing. Always check to the rear before backing and use an observer when available. Make sure back-up alarms are working properly. Choose safest location possible to park equipment. Avoid parking in other equipment's blind spots. 6. Wear appropriate personal protective equipment consistent with the hazard. Be aware of fire extinguisher locations on your equipment and make sure they are properly charged. 7. Operators should be aware of employees and others on foot in work zones and be sure area is clear of personnel before lowering stabilizers or moving the buckets or booms. Do not leave attachments in the raised position when equipment is not in use; always lower to the ground. When in operation, only the operator should be permitted on the machine. 8. Do not operate backhoe boom within 10 feet of energized power line. Ensure USA markings have been reviewed prior to digging and that electrical underground installations are appropriately deep to prevent hitting them. 9. Do not leave equipment unattended with the engine running. Shut off engine and set the parking brake when equipment is not in use. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 9 of 29 Task Possible Risk Control Measures Used Equipment Maintenance and Service Tasks C2 1. Loss of energy control or unexpected startup or movement of equipment. 2. Leaks or spills from maintenance operations. Possible exposure to chemical fumes during maintenance. Heavy lifting during moving or change out of equipment. 1. Verify integrity of all energy control measure prior to service or maintenance. All workers on site are to participate in LOTO lockouts to prevent unexpected startups. Drain lines and hoses prior to disconnection. Walk hoses back and provide drip containment. Use proper PPE to prevent fume inhalation on hazardous chemical processes. 2. Never attempt to handle equipment or materials weighing in excess of 50#s. Always seek assistance from co-workers. Always lift loads using legs, bending the knees, keeping loads close to the body and feet at shoulder width apart for stability. Task Possible Risk Control Measures Used Trenching, Shoring, Backfill and Compacting C4 1. Obstructions To Trenching Path Such As Tree Stumps, Abandoned Concrete, Metal, Etc 2. Damaging Buried Utilities 3. Excavating Around Energized Cables 4. Cave-ins, Unstable Trench Walls 5. No Egress Or Unsafe Egress From Excavation 1. Check Trenching Path Before Starting For Obstructions 2. Ensure Locates Are In Place And Current, Check Terrain For Excavation That May Have Been Missed. Check For Private Buried Lines That Would Not Be Identified Through Your Locate. If Contact Is Made With Energized Equipment/Cables While Operating, Jump From Your Equipment (Do Not Step Off) With Both Feet, Clear And Secure The Work Zone, Make Contact With Appropriate Personnel 3. Use Extreme Caution Around Existing Utilities, Always Use A Lookout! While Hand Digging Around Energized Cables Use Caution, Wear FR Clothing, "Hot Boots" And Appropriate Rubber Goods For The Voltage Involved. Always Have A Partner Standing By. 4. Uses Shoring, Sloping Or Shielding Per OSHA Standards For All Excavations 5 Feet Deep Or Greater. If Working On Knees In Excavation Less Than 5 Feet Deep, May Have To Shore, Slope Or Shield Also. Never Enter Any Excavation If You Feel The Dirt Is Unstable 5. Ladders Must Be Accessible Within 25 Feet Either Direction of Travel in All Tranches 4 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 10 of 29 6. Open Pits/Trenches-Public Or Employees Exposed To Falling In 7. Messy or Unsafe Work Site- Looks Bad For Company & Unsafe For Public 8. Debris Falling From Vehicles Or Trailer While Traveling On Roa Feet Deep or Greater. Use Ladders When Depth Gets Below Standard Stepping Height. 6. Secure All Open Pits And Trenches With Caution Tape, Plywood Or Barricades Before Leaving The Job 7. Restore Property To Its Original Condition To The Best Of Your Ability 8. Clear All Mud And Debris From Equipment And Trailer, Secure All Material Before Exitin The Job IV. IDENTIFYING WORKPLACE HAZARDS Regular, periodic workplace safety inspections must be conducted of each work site. By law, the first of these inspections must take place before work begins. Self-Inspections are documented on IIPP Form 3”. Each Job and Work site must maintain copies of these inspections, the originals will be sent to the Office where they will be maintained for at least one year. These regular inspections will be supplemented with additional inspections whenever new substances, processes, procedures, or specialized equipment is introduced into the workplace or whenever Foreman are made aware of a new or previously unrecognized hazard. Inspections are conducted to identify unsafe conditions and work practices, Inspections are to be made to identify and evaluate hazards: 1. When the program was first established; 2. When new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace; 3. When new, previously unidentified hazards are recognized; 4. When occupational injuries and illnesses occur; and 5. Whenever workplace conditions warrant an inspection. 6. Job Sites are inspected at the beginning of the job and weekly thereafter. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 11 of 29 When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, Supervisors will remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards. Types of Inspections Foreman & Management Daily Walk-Through: This is an undocumented inspection that is made daily at the start of work. Ensure the work site and equipment is operating in a safe condition and ready for employees. All noted unsafe areas or equipment must be corrected prior to allowing employees access to the area. Job Site Inspections: Conducted and recorded. This documented inspection shall be made at least once every 10 days. It provides a focus to ensure current hazard controls are still effect, equipment is in safe condition and safe work practices are in use. Inspections are to be documented on IIPP Form #3. Discrepancies are listed on the inspection sheet, and recorded on IIPP Form #1 if the hazard cannot be abated within a reasonable amount of time, or if management approvals are required due to financial issues or interdepartmental reviews. The "Report of Unsafe Condition" Form 1” should be filled out when a referral is made to the Safety Committee as a result of a condition discovered during an inspection or directly from an employee, for which the responsible supervisor could not determine an immediate remedy. The "Report of Unsafe Condition" form can also be obtained from the Safety Coordinator, filled out and turned in to a suggestion box or mailed to the company anonymously. Suggestions will be thoroughly investigated and employees will be commended for their efforts. Retention of Records of Inspection: Records of scheduled and periodic inspections required to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 12 of 29 V. COMMUNICATING WORKPLACE HAZARDS Foremen are responsible for communicating with all workers about safety and health issues in a form readily understandable by all workers. All employees shall be encouraged to communicate safety concerns to their supervisor without fear of reprisal. Our communication system includes: New worker orientation including a discussion of safety and health policies and procedures. Review of our IIPP Program responsibilities and codes of safe practices. Training programs. Regularly scheduled safety meetings. Posted or distributed safety information. The Safety Committee is another resource for communication regarding health and safety issues for department employees. Each employee has a representative on the committee that will inform him or her of hazard corrections and committee activities. Additionally, Safety Committee minutes and other safety-related items are posted. Employees will also be informed about safety matters by tailgate meetings, distribution of written memoranda, or by outside vendors. Occasionally, the Safety Committee may also sponsor seminars or speakers or coordinate other means to communicate with employees regarding health and safety matters. Foremen are responsible for ensuring that employees are supplied access to hazard information pertinent to their work assignments. Information concerning the health and safety hazards of tasks performed by department staff is available from a number of sources. These sources include, but are not limited to, Material Safety Data Sheets (MSDS, see below), equipment operating manuals, the Safety Coordinator, container labels and work area postings. Material Safety Data Sheets Material Safety Data Sheets (MSDS) provide information on the potential hazards of products or chemicals. Hard copies of MSDS for the chemicals used in the department are available from Foreman and are kept at each worksite where materials are kept or used. Master sets of MSDS are kept in the Foreman’s Folder maintained at each job site. Equipment Operating Manuals All equipment is to be operated in accordance with the manufacturer’s instructions, as specified in the equipment’s operating manual. Copies of operating manuals are kept at the maintenance shop, on the equipment, or in the Maintenance Office. Training through the Union from experienced operators is the preferred method used to train operators at Hardy & Harper. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 13 of 29 VI. CORRECTING WORKPLACE HAZARDS Hazards discovered either as a result of a scheduled periodic inspection or during normal operations must be corrected by the supervisor in control of the work area or site, or by cooperation between the department in control of the work area and the supervisor of the employees working in that area. Foreman of affected employees are expected to correct unsafe conditions as quickly as possible after discovery of a hazard, based on the severity of the hazard. Periodic inspections are performed according to the following schedule: Specific procedures that are to be used to correct hazards include the following: Tagging unsafe equipment “Do Not Use Until Repaired,” and providing alternative equipment for employees to use until the item is repaired. Removing workers from the area until the hazard is abated. Stopping unsafe work practices and providing retraining on proper procedures before work resumes Reinforcing and explaining the need for proper personal protective equipment and ensuring its availability Barricading areas that have chemical spills or other hazards and reporting the hazardous conditions to a supervisor or Management. Foremen are to understand that they are the primary safety trainers and example setters at Hardy & Harper. All Foremen are to be trained in hazard recognition, documentation, and correction. Procedures Hardy & Harper will use to assess hazards include: Regular reviews of work place injuries and illness histories. Regular work place inspections are to be conducted by personnel who, through experience or training, are able to identify actual and potential hazards and understand safe work practices. Written reports of these inspections will be reviewed by management and the safety committee. The review will assist in prioritizing actions and verify completion of previous corrective actions. Overall inspection program results should be reviewed for trends. Train and encourage employees to report possibly hazardous situations and work practices. Hazard abatement guidelines If an imminent hazard exists, work in the area should cease, and the appropriate supervisor must be contacted immediately. If the hazard cannot be immediately corrected without endangering Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 14 of 29 employees or property, all personnel need to be removed from the area except those qualified and necessary to correct the condition. These qualified individuals will be equipped with necessary safeguards before addressing the situation. VII. ACCIDENT INVESTIGATION Procedures for investigating workplace accident & hazardous substance exposures include: Interviewing injured workers and witnesses; Examining the workplace for factors associated with the accident/exposure; Determining the cause of the accident/exposure; Taking corrective action to prevent the accident/exposure from reoccurring; and Recording the findings and actions taken. Injury Reporting Employees who are injured at work must report the injury immediately to their supervisor. If immediate medical treatment beyond first aid is needed, call 911. The injured party will be taken to the appropriate hospital or medical center. If emergency medical treatment for any injuries or illnesses is needed, call the Reception Desk who has a complete contact listing for emergencies. The supervisor of the injured employee must work with the Safety Coordinator to ensure that the "Employer's Report of Occupational Injury or Illness" and a "Workers' Compensation Claim Form" are completed properly and submitted to Management and the Insurance Company in a timely manner. If the injured employee saw a physician, upon return of the employee to work, the supervisor will call the Safety Coordinator, to verify if a medical release form was issued and if there are limitations required before allowing the employee to return to work. The health care provider may stipulate work tasks that must be avoided or work conditions that must be avoided to prevent further injury and speed the healing process. Injury Investigation The employee’s supervisor is responsible for performing an investigation to determine and correct the cause(s) of the incident. Specific procedures that can be used to investigate workplace accidents and hazardous substance exposures include: Interviewing injured personnel and witnesses Examining the injured employee’s workstation for causative factors Reviewing established procedures to ensure they are adequate and were followed Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 15 of 29 Reviewing training records of affected employees Determining all contributing causes to the accident Taking corrective actions to prevent the accident/exposure from reoccurring Recording all findings and actions taken The supervisor’s findings and corrective actions should be documented and presented to the Safety Committee using the "Accident, Injury or Illness Investigation Report" (IIPP Form 5). If the supervisor is unable to determine the cause(s) and appropriate corrective actions, other resources should be sought. Available resources include the plants Safety Committee, other Foreman, and Operations Management. The Supervisor's Report, along with the Employee Report, must be submitted to the Office, as soon as possible after the accident. VIII. EMPLOYEE HEALTH AND SAFETY TRAINING Employee safety training is provided at no cost to all employees and is conducted during the employee’s normal working hours. Safety training must be presented by a knowledgeable supervisor, other department personnel, or by outside consultants. Regardless of the instructor, all initial safety training must be documented using the “New/Transfer Employee Safety Training Record” (IIPP Form 7) or an equivalent record that includes all the information required on Form 7. This documentation shall be retained for at least three years. Initial IIPP Training When the IIPP is first implemented, all department personnel will be trained on the structure of the IIPP, including individual responsibilities under the program, and the availability of the written program. Training will also be provided on: Review of the company’s safety policy and new employee orientation Training on company’s safety rules and safe work practices. Supervisor and management training regarding new policies and procedures. How to report unsafe conditions. How to access the Safety Committee. How to report injuries and illnesses. Where to obtain information on workplace safety and health issues. Personnel hired after the initial training session will be oriented on this material before being assigned work in or around the hazards. All subsequent training sessions will be documented using IIPP Form 8, “Safety Training Record,” or equivalent. Copies of these documents must also be kept by the department and by the Safety Coordinator for at least one year. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 16 of 29 Training sessions and “Tailgate Training” will be conducted: At least once every 14 days, or when a new hazard is discovered. Training Sessions while at job sites will be conducted at least once every 10 days. New employees will be trained in the following before starting work at any Hardy & Harper Site. No employee is expected to perform a job until he or she has received instructions on how to safely and properly perform that job. No employee should start a job that appears to be unsafe. All guards and safety devices provided on all equipment and machinery must be in place before the equipment is to be used. Rolling scaffold rules for safe use. Employees are required to report any unsafe condition to their supervisor immediately. All injury’s or illness must be reported to a supervisor immediately no matter how small. Safety rules are a condition of employment and will be understood and followed by everyone. Training on Specific Hazards Foremen are required to be trained on the hazards to which the employees under their immediate control may be exposed. This training aids a supervisor in understanding and enforcing proper protective measures. All Foremen must ensure that the personnel they supervise receive appropriate training on the specific hazards of work they perform, and the proper precautions for protection against those hazards. Training is particularly important for new employees and whenever a new hazard is introduced into the workplace. Such hazards may include new equipment, hazardous materials, or procedures. Health and Safety training is also required when employees are given new job assignments on which they have not previously been trained and whenever a supervisor is made aware of a new or previously unrecognized hazard. Specific topics, appropriate to all personnel, including Supervision, include but are not limited to the following: Fire prevention techniques and fire extinguisher use Obtaining emergency medical assistance and first aid Disaster preparedness and response, including building/job site evacuation procedures Hazard communication, including training on MSDS, and chemical hazards Proper housekeeping Proper lifting techniques, material handling methods, and safe work practices Fall Protection and ladder safety. First aid and CPR Training for Superintendents Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 17 of 29 OSHA 10 hr training for Foreman Records Retention: Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year. IX. ENSURING COMPLIANCE All personnel have the responsibility for complying with safe and healthful work practices, including applicable regulations, company policy, and departmental safety procedures. Overall performance in maintenance of a safe and healthful work environment should be recognized by the supervisor and recognized for their performance. Standard progressive disciplinary measures in accordance with the applicable personnel policy will result when employees fail to comply with applicable regulations, company policy, and/or department safety procedures. All personnel will be given instruction and an opportunity to correct unsafe behavior. Repeated failure to comply or willful and intentional non-compliance may result in disciplinary measures up to and including termination. Foreman will follow Hardy & Harper disciplinary procedures as detailed in the employee handbook and summarized here. First Offense: Verbal counseling – first step. Must be documented in the employee’s personnel file. Second Offense: Written warning – outline the nature of offence(s) and necessary corrective action. Third Offense: 2nd Written Warning – Serious discussions take place with the employee and another Supervisor or Manager, retraining of the employee, and written agreement from the offending employee that he understands the gravity of the problem and will improve. This third step must require immediate corrective action on the employee’s part and written documentation given to the employee from the Supervisor that any further offense could result in immediate termination. Fourth Offense: Further disciplinary action up to and including Termination – if an employee is to be terminated, specific documented communication between the supervisor and the employee, as outlined above, must have already occurred. Foreman/Leads may be subject to disciplinary action for the following reasons: 1. Repeated safety rule violations by their department employees. 2. Failure to provide adequate training proper to job assignment. 3. Failure to report accidents and provide medical attention to employees injured at work Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 18 of 29 4. Failure to control unsafe conditions or work practices. 5. Failure to maintain good housekeeping standards and cleanliness in their departments. Employee Recognition Management recognizes the need to provide positive recognition of employees who consistently example proper and safe work practices, hazard reporting, and who are involved in daily safety activities. Hardy & Harper performance evaluations will include safety as a key recognition tool and will be used in conjunction with disciplinary procedures to ensure compliance with safety rules and practices. Encouraging Positive Performance Monitoring performance is a constant reminder that safety should be practiced at all times. Proper safety practices will result in an easier job, and better working conditions for everyone. Each supervisor, as an example setter, is held responsible for monitoring performance. Whenever an unsafe practice is observed, it must be immediately brought to the attention of the employee. On the other hand, when an employee is observed making an effort to approach a problem in a safe manner, a gesture of recognition and approval should be immediately made. As part of the Hardy & Harper incentive program, safety is an integral condition in which employees are evaluated, promoted and compensated. Our incentive program includes attendance, attitude, safety consciousness, and department safety record. Performance is monitored to encourage safety consciousness and to convince employees that unsafe working habits will not be tolerated. Where a continued failure to comply with safety procedures is observed, the employee will receive a written warning from their supervisor according to written policy. X. RECORD KEEPING No operation can be successful without adequate record keeping, which enables you to learn from past experience and make corrections for future operations. Records of accidents, work- related injuries, illnesses and property losses serve a valuable purpose. Under CAL/OSHA record keeping requirements, information on accidents is gathered and stored. Upon review causes can be identified and control procedures instituted to prevent the illness or injury from recurring. Keep in mind that any inspection of your workplace may require you to demonstrate the effectiveness of your program. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 19 of 29 Access to this Policy Procedure Hardy and Harper Company Inc., will provide access to this program, at any time during working hours. A copy of the written program will be provided within 5 days of receipt of the written request which must include the following information; a. The name and signature of the employee authorizing a designated representative to access the Program on the employee’s behalf; b. The date of the request; c. The name of the designated representative (individual or organization) authorized to receive the Program on the employee’s behalf; and This is available to any employee or their designated representative. If employee or designated representative agrees to receive an electronic copy of the program, one will be sent via that medium. Program provided will not include any of the records of the steps taken to implement and maintain the written program. Hardy and Harper will communicate the right and procedure to access the program to all employees, usually through tailgate meetings held weekly. Injury & Illness Records Hardy & Harper has taken the following steps to implement and maintain our IIPP Program: 1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe conditions and work practices, are recorded on a hazard assessment and correction form; and 2. Documentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers are recorded on a worker training form. Inspection records and training documentation will be maintained according to the following schedule: For one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment. We train our workers on the following subjects: The employer's Code of Safe Practices. Traffic control procedures Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 20 of 29 Good housekeeping, fire prevention, safe practices for operating any construction equipment. Safe procedures for cleaning, repairing, servicing and adjusting equipment and machinery. Access to safety programs procedures. Electrical hazards, including working around high voltage lines. Proper use of powered tools. Lock-out/tag-out procedures. Materials handling. Driver safety. Safely working around construction equipment Slips, falls, and back injuries. Emergency Services and First Aid. Ergonomic hazards, including proper lifting techniques, Personal protective equipment. Hazardous chemical hazards. Hazard communication training. Working with hot oil, cement, and asphalt Physical hazards, such as heat/cold stress, and noise. OSHA LOG Records Injury and illness records give us one measure for evaluating the success of your safety and health activities: success would generally mean a reduction or elimination of employee injuries or illnesses during a calendar year. The Cal/OSHA record keeping system requires five important steps: 1. Obtain a report on every injury or illness requiring medical treatment. 2. Record each injury or illness on the Cal/OSHA Log and Summary of Occupational Injuries and Illnesses, Form 300, according to its instructions. 3. Prepare a supplementary record of the occupational injuries and illnesses on OSHA Form 301, or Employers Report of Injury or Illness (Form 5020), with the same information. 4. Every year prepare the summary Cal/OSHA Form 300A. Have it signed by an Officer of the Company. Post it no later than February 1 and keep it posted where employees can see it until April 30th. 5. Maintain the last five years of these records in your files. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 21 of 29 Exposure Records CAL/OSHA standards concerning toxic substances and hazardous exposures require records of employee exposure to these substances and sources, physical examination reports, employment records, and other information. Hardy & Harper maintains these records under separate cover and in secured files. (i.e., Blood tests, Illegal Substance Testing, hearing tests) These medical records, and all health related records are maintained for 30 years after termination of employment. Documents related to the IIPP are maintained in the main office and in each foreman’s vehicle. By law, certain documents related to the IIPP must be kept private under the Health Insurance Portability Accountability Act must be maintained and considered confidential and protected and are secured in separate employee personnel files. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 22 of 29 XI. CODE OF SAFE PRACTICES This code of safe practices shall be posted or be available at each Jobsite office or be provided to each supervisory employee who shall have it readily available. General 1. All persons shall follow these safe practices rules, render every possible aid to safe operations, and report all unsafe conditions or practices to the foreman or superintendent. 2. Foreman shall insist on employees observing and obeying every rule, regulation, and order as is necessary to the safe conduct of the work, and shall take such actions as are necessary to obtain observance. 3. All employees shall be given frequent accident prevention training. Instruction shall be given at least every 10 working days. 4. Anyone known to be under the influence of drugs or intoxicating, substances, shall not be allowed on the job while in that condition. 5. Horseplay, scuffling, and other acts which tend to have an adverse influence on the safety or well-being of the employees shall be prohibited. 6. Observe good housekeeping; keep work area clear of debris, trash, and unused materials. 7. Work shall be well-planned and supervised to prevent injuries in the handling of materials and in working together with equipment. 8. No one shall knowingly be permitted or required to work while his/her ability or alertness is so impaired by fatigue, illness, or other cause s that it might unnecessarily expose him/her, or others, to injury. 9. Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that receive little ventilation; until it has been proven it is safe to enter. 10. Employees shall be instructed to ensure that all guards and other protective devices are in proper places and adjusted, and shall report deficiencies promptly to the foreman or superintendent. 11. Workers shall not handle or tamper with any electrical equipment, machinery, air or water lines in a manner not within the scope of their duties, unless they have received training and are authorized to do so. 12. All injuries shall be reported promptly to the foreman or superintendent so that arrangements can be made for medical or first aid treatment. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 23 of 29 13. When lifting heavy objects, the large muscles of the leg instead of the smaller muscles of the back shall be used. 14. Inappropriate footwear or shoes with thin or badly worn soles shall not be worn. All personnel, while working in the shop or in the field, will wear leather construction style boot, steel toes are desirable, no tennis shoes. Long pants and shirt are required. No tank tops. 15. Materials, tools or other objects shall not be thrown from structures or equipment. 16. Employees shall cleanse thoroughly after handling hazardous chemicals, and follow special instructions from authorized sources. 17. Work shall be so arranged that employees are able to face ladder and use both hands while climbing. 18. Gasoline shall not be used for cleaning purposes. 19. No burning, welding, or other source of ignition shall be applied to any enclosed tank or vessel, even if there are some openings, until it has first been determined that no possibility of explosion exists, and authority for the work is obtained from management. 20. Do not begin work without being shown where to locate the First-Aid supplies and emergency phone numbers. Report to your supervisor any shortage or lack of items in the First-Aid Kit. Be sure you know how to use the Nextel or cell phone if emergency help must be called and no land-line phone is available. Use of Tools and Equipment 1. All tools and equipment shall be maintained in good condition. 2. Damaged tools or equipment shall be removed from service and tagged "defective." 3. Only appropriate tools shall be used for the job. 4. Wrenches shall not be altered by the addition of handle-extensions or "cheaters." 5. Files shall be equipped with handles and not used to punch or pry. 6. A screwdriver shall not be used as a chisel. 7. Portable electric tools shall not be lifted or lowered by means of the power cord. Ropes shall be used. 8. Electric cords shall not be exposed to damage from vehicles driving over them. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 24 of 29 Machinery and Vehicles Rules. 1. Only authorized persons shall operate machinery or equipment. 2. Non-employees are not allowed on any equipment for any reason. 3. Loose or frayed clothing, or long hair, dangling ties, finger rings, etc. shall not be worn around moving, machinery or other sources of entanglement. 4. Machinery shall not be serviced, repaired or adjusted while in operation nor shall oiling of moving parts be attempted, except on equipment that is designed or fitted with safeguards to protect the person performing the work. 5. Where appropriate, lock-out procedures shall be used. 6. Employees shall not work under vehicles supported by jacks or, chain hoists, without protective blocking that will prevent injury if jacks or hoists should fail. 7. Air hoses shall not be disconnected at compressors until hose line-has been bled. 8. All excavations shall be visually inspected before backfilling, to ensure that it is safe to backfill. 9. Excavating equipment shall not be operated near tops of cuts, banks, and cliffs if employees are working below. 10. Tractors, bulldozers, scrappers and carryalls shall not operate where there is possibility of overturning in dangerous areas like the edges of deep fills, cut banks, and steep slopes. 11. All personnel, both operators and ground men, working around grinders, planers, brooms, and skip loaders, shall wear safety glasses. 12. Do not operate any forklift or industrial truck unless you have been trained, evaluated and authorized by Hardy & Harper Management. 13. Do not crawl under, machinery until proper lockout blockout procedures as specified in the Hardy & Harper Lockout Blockout Procedures manual, have been followed. 14. It is required that you use the personal protective equipment and devices provided for your protection. 15. When transferring fuel or refueling equipment, STOP ENGINES, DO NOT SMOKE OR ALLOW OPEN FLAME OR ANY SOURCE OF IGNITION WITHIN 25 FEET OF THE OPERATION. Keep containers closed and labeled when not in use. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 25 of 29 FIELD OPERATIONS 1. Foremen of jobsite service trucks will insure their truck contains the following safety equipment. First-Aid kit Dust masks/respirators Fire extinguishers Ear plugs Safety glasses Drinking water Yellow/green safety vests MSDS Binder Hard hats 2. All employees will be issued proper safety gear on their hire date. It is the employee’s responsibility to properly care for and bring his/her safety gear each day. Failure to do so will be considered an infraction of these rules and grounds for disciplinary action. 3. Workers on the ground around heavy equipment and equipment operators must wear yellow or orange vests or orange shirts to increase their visibility. In nighttime operations reflective vests and pants are required. Company-provided, reflective pants are to be used when working adjacent to nighttime traffic. Always know where heavy equipment is when working on the ground. Heavy equipment operators must know the location of ground workers and must look in the direction of travel before moving equipment or its component parts. 4. Ground personnel must be responsible to be aware of equipment movement at all times. 5. Make sure all back-up alarms, horns, and lights, hook safety latches, dead-man triggers, master switches and similar safety devices are operative at all times and used appropriately. Alert your supervisor immediately of any safety defects. 6. All leg supports, door supports, rotor supports, and other safety devices must be in place before work is performed under any machine. 7. Be sure all public vehicle and pedestrian traffic is protected from work operations. Be sure all workers are similarly protected from public traffic. 8. Be sure underground alert systems are notified before excavation begins. Known utilities and cables are to be exposed by hand or other approved method prior to machine excavation. Discuss specific utility locations and possible problems with the contractor or agency before beginning work. Verify USA policies have been followed. 9. Wash thoroughly after handling anything, which might injure or poison you, particularly before eating. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 26 of 29 10. All injuries no matter how minor must be reported and treated at once. Proper forms must be completed and signed. 11. Wear an approved hard-hat, when there is danger of falling objects, or when job site rules require. The hatband and suspension must be in good condition. 12. Wear safety goggles when working with hazardous liquids, when grinding, sawing, chipping, jack hammering, or when working near welding operations. Safety dust masks are available and encouraged when their use is indicated by the nature of the task being performed. 13. All personnel shall wear approved safety glasses when working on or around grinders, planers, mixers, brooms, jackhammers and at other times when there is danger of air-born debris. 14. When welding, or grinding approved guards shall be used to protect others in the area. 15. When welding, or grinding in public places the safety of pedestrians and onlookers shall be given the highest priority. 16. Company vehicles and equipment shall not be left unattended until they have been secured and the keys removed. 17. Vehicles are to be safety inspected daily prior to use, insuring all safety equipment is in order and working properly. Including but not limited to mirrors, lights, oil, turn signals, backup lights, tires etc. 18. All motor vehicle laws and Hardy and Harper Fleet Safety policies are to be obeyed. 19. Common Courtesy is required and expected with all other workers and motorists. 20. Commercial Class Drivers are to follow all State and Federal DOT regulations regarding paperwork completion, and driver logs including their timely completion and delivery to the Office. Trenching, Shoring, Backfill, and Compacting 16. Before excavation, underground utilities must be located and marked. Adjacent structures must be stabilized, as needed, using shoring, bracing, or underpinning techniques. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 27 of 29 17. Appropriate barricades, fences, protected walkways and signs must be provided to protect the public. 18. A competent person must be in charge of each excavation who is trained to identify hazardous conditions and who has the authority to take corrective action. The competent person must inspect excavations on a daily basis and after every rain. 19. Examine the trench or excavation before entry. 20. An access ladder or other safe access must be provided. 21. Install barricades, fences, protected walkways and/or signs to protect the public from the excavation site. 22. Ensure all equipment and materials are in good, working condition. 23. Pre-plan the trenching, excavation operation to include safe work practices, hazard recognition procedures, and soil determination/analysis tasks. 24. Workers must be protected from cave-ins by either an adequate sloping system or an adequate support or protective system. 25. Stairs or ladders must be provided when workers enter excavations over 4 feet deep. 26. A means of exiting the trench must be provided every 25 feet. 27. Workers must stay always from any equipment loading or unloading material. 28. Excavated or other material must be retained 2 feet or more from the edge of the excavation. 29. Workers must not enter or work in trenches with hazardous atmosphere without adequate controls. Test excavation and trench sites for oxygen deficiency or the presence of other hazardous atmosphere prior to entry. 30. Workers must wear all required personal protective equipment including hardhats, safety footwear, gloves, eye protection, hearing protection, and fall protection devices, as needed. 31. Additional shoring and bracing must be provided when excavations or trenches are located adjacent to previously backfilled excavations or where excavations are subjected to vibrations from railroad or highway traffic, operation of machinery, or other sources. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 28 of 29 32. Discourage surface crossing of trenches. 33. Protect employees from loads or objects falling from lifting or excavating equipment. 34. Keep rocks, soil, equipment, and other materials from falling into the trench. 35. Prevent water accumulation whenever possible. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 INJURY & ILLNESS PREVENTION PROGRAM Revision Date 7/3/2020 Revision: 4 Previous Revision Date 7/1/2010 Approved: Page 29 of 29 NEW EMPLOYEE ORIENTATION Codes of Safe Practice Receipt This is to certify that I have received a copy of the Hardy & Harper Company Codes of Safe Practices. I have read these instructions, rules and procedures, and have been given the opportunity to ask questions, understand them, and will comply with them while working for Hardy & Harper Company. I understand that failure to abide by these rules may result in disciplinary action and possible termination of my employment. I also understand that I am to report any injury (no matter how small) to my Supervisor immediately and agree to report any and all safety hazards observed while on the job. I further understand that I have the following rights. I am not required to work in any area I feel is not safe. I am entitled to information on any hazardous material or chemical I am exposed to while working. I am entitled to see a copy of the Hardy & Harper Safety Manual and Injury and Illness Prevention Program any time during work hours. I will not be discriminated against for reporting safety concerns, injuries, or work hazards. Print Name Sign Name Date Copy: Employee File Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 ! "#$%& '(! )*+++!! !( !), ),*( )-.)%*,$,+-+++!! !(! )) ( )*+.,)), ! ,)*+++!! !(/*- ,!)=895>?=@1A79B05C87BD9@89AZ[\]\^_`a^QA45>>566>B1=7F>f829159Bghijikh8H3867CE9748983E9@l886F=mA12A837FE=g>f829159Bghijio;566>F8A7E5>>8p6>EB88A5=@6>538AEC8p6>EBp8=7hJF74748CE>>EJF=m8H38657FE=AJF74E=88p6>EB88J4E@E8A=E745t83E=7537JF74E7489689AE=A;8AJE9lF=mC9Ep4Ep8;8AJF74E331657FE=5>8H6EA1985A@8CF=8@2BA837FE=kdxxhJ48=3Et898@2B748A78>8JE9lF=mC9Ep5>E357FE=EC7488p6>EB88zA34EF38hJ4F34FA=E71=@89744FAA837FE=E9A837FE=Agijk;d749E1m4gijk;gFAF=78=@8@7E>FpF7pE9869E7835>74@86597p8=7E9@89AE9m1F@5=38;8CE>>EJF=m@8CF=F7FE=A566>B7E74FAA837FE=5=@7EA837FE=Agijk;d749E1m4g537|p85=A748CE>>EJF=mh1=>8AAE7489JFA8@8CF=8@2B98m1>57FE=E9E9@89EC7412>F3~85>74bwy}~chF=J4F3435A8748wy}~@8CF=F7FE=A45>>566>BqA6538AECjjhjjjE9C8J89312F3C887689C>EE9h53>EA83E=7537FA@8CF=8@5AA385A5wD€?y dx35A8CE9531p1>57Ft87E75>ECdkpF=178AE9pE98Et895i€?y dx35A8zAF=C837FE1A689FE@h5A@8CF=8@2B74FAA837FE=h98m59@>8AAEC748 Docusign Envelope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`<A>X70<5:1420523<88935?0/234C:7<20A3<82;<27<9/452<35YMZYVQ4SVIFWOa420523<88935?0/234C:7<20A3<8:35/8C>0<3AD4A50>A41802:_:7<881<A23/80<025C/803_@;3/;74:2/4774589A0:C82?A47<10A:454A10A:45:0.;<835]_2<8b300`35]_4A?A471A4/0>CA0:10A?4A70>4510A:45:@;3/;7<9<0A4:483`0:<83=<:971247:X70<5:?0=0A4?FJJOG>0]A00:c<;A05;0324A;3];0A_/;388:_/4C];_829DA0<2;35]_?<23]C0_7C:/804AD4>9</;0:_;0<></;0_50@84::4?2<:204A:755954:0_5<C:0<4A=473235]_4A>3<AA;0<_C580::<83/05:0>;0<82;/<A01A4?010A:45d::971247:@0A0/<C:0>D9<b54@5/45>3234542;0A2;<5QRSTUVFWO20:2X70<5:<20:2?4AYMZYVQ4SVI2;<23:6<11A4=0>_4A<C2;4A3`0>_35/8C>35]35<5-70A]05/9f:0MC2;4A3`<2345K-fM5>UAC]M>7353:2A<2345KcUML24>020/2/CAA05235?0/2345@32;2;0YMZYVQ4S>0A0>35<//4A><5/0@32;2;0<C2;4A3`0>35:2AC/2345:O;0A02CA524@4Ab/A320A3<:02?4A2;35:CD:0/2345HIJEK/LKEL_<QRSTUVFW20:20A0><5>:08?VA0<>45893?<542;0A70<5:4?35>0105>052=0A3?3/<23454?2;0A0:O_<2370V:2<710>1;424]A<1;4?2;0A0:C82:LO4C1X70<5:<8807184900:<2<@4Ab84/<2345_@4Ab35]<A0<_4A</47745<A0>0>2A<5:14A2<2345/4=0A0>D9:0/2345HIJEOH_4AA0:3>35]@32;35;4C:35]/4=0507184900QRSTUVFW/<:0@<:1A0:052<2<592370>CA35]2;035?0/234C:10A8C>0:D<2;A447:_@<8b@<9:_;<88@<9:_<3:80:_DA0<b4A0<235]<A0<:_<5>@<3232345:<11896CA14:04?>020A73535]2;00.14:0>]A4C1_<18</0@;0A010A:45:747052<A389 Docusign Envelope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`aC;<=4234.7`a@41?F?2?BF=3<EE<LLERP0789:;<=4=A3B@4>4EBL.560789:=RIL2BI=G1CBI2AB@<R=U41BC4234@<>4L<==4@<124C=RIL2BI=1?C=2<LL4<C4@GBC23CBKH3@<R1?>4?124=2?FHF4H<2?>3BKC=3<>4L<==4@A?23FB14>4CGA?23BK2234K=4B114>4C8C4@K;?FHI4@?;<2?B?ILCB>4@N0789:;<=4=A3BF4>4C@4>4EBL.560789:=RIL2BI=G1CBI2AB@<R=U41BC4E4;2?BF@<2423CBKH39X@<R=-BC23CBKH3@<R1?>4?124=2?FHF4H<2?>4BF@<R1?>3?;3234=L4;?I4F1BC234?C1?C=2LB=?2?>424=21BC.560789:A<=;BEE4;24@NC]I4<F=<C4=L?C<2BCRLCB24;2?BF@4>?;4<LLCB>4@UR234O<2?BF<E0F=2?2K241BE23-O05Sa/2BLCB24;2234A4<C4C1CBIL<C2?;KE<24I<224CG=K;3<=<FO:J1?E24;<=4]I4<F=<.560789:;<=4A3BA<=4M;EK@4@1CBIABCDUK2C42KCF4@LKC-;/-J/-Q/<F@@?@FB2@4>4EBL<FR.560789:=RIL2BI=<124CC42KCF?FHNQL4C42KCF4@;<=41BCWX@<R=<124C234?F?2?<EBF=42B1.560789:=RIL2BI=BCG?10789:=RIL2BI=G1BCWX@<R=<124C2341?C=2LB=?2?>424=2N01<L4C?B@B1B234C27`aC4HKE<2?BFBCBC@4CG23<2L4C?B@=3<EE<LLERN]1BC234E?I?24@LKCLB=4=B123?==4;2?BF<F@=4;2?BFWcXJN9GI4<F=234UK?E@?F@GBCB234CEB;<2?BFA34C4<.560789:;<=4A<=LC4=4F2@KC?FH234?F14;2?BK= Docusign Envelope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`>26823I24NL=H26;1:LL2GG2I58?2LH842358GH:3462;>=345=>26;=3;P851@ABCDE.F;H7>5=7>L=H22;;1:LLM223I=<6:9245=62>=65@ABCDE.F;H7>5=7;:345=;5:H1=71:LL1:?22GG2I58?27251=4;:34T=6>6=I24<62;G=662;>=348395=:@ABCDE.F<4839512G=LL=P839^6;;1:LL877248:52LH2`IL<42G6=7512P=6S>L:I2:LL@ABCDE.FI:;2;:3427VOX]N.N[1227>L=H26;1:LL427=3;56:52851:;725512:>>L8I:ML262U<862723E.FI:;2;P1=4=3=542?2L=>@ABCDE.F;H7>5=7;;1:LL3=5625<635=P=6S4>268=4bE.FI:;2;P1=42?2L=>@ABCDE.F;H7>5=7;;1:LL3=5625<635=P=6S4<6839551283G2I58=<;>268=4b=6516=<91.X4:H;:G526512=3;25=G;H7>5=7;:34:5L4;83I2:G2?26=G.XXNZ429622;c:16231285=61891261:;62;=L?24P851=<5512248I:58=3N2;;=G?:II83:58=3;5:5<;K>62?8=<;83G2I58=3K=6L:IS=G@ABCDE.F;H7>5=7;KP2:6:G:I2I=?2683983512P=6S>L:I2<358L.X4:H;1:?2>:;;24;83I25124:52M29:3=6K8G512>26;=34843=51:?2@ABCDE.F;H7>5=7;KG6=75124:52=G5152;5N8627235;83;<M;2I58=3;VOX]-I/-]/-_/.N:34-I/-]/-_/ON:>>LH629:64L2;;=GP1:;>62?8=<;LHM2232`IL<424=6=5126>62I:<58=3;P2625:S238362;>=3;25=:I5=6727M26;18>83:32`>=;2496=<>N6;;1:LL62?82PI<66235@Def9<84:3I2G=6>26;=3;P1=1:4IL=;2I=35:I5;K83 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 ! "#$%& '(! )*+++!! !( !), -./01234567/89:.9-;0.98<9/-9=;-9><0;01?1;-0?9//.=.;-9>21></9>.<9-;0.98@AB;>;80.81@9>1C=-B<.98D9B-2>1<B-0@0?15.:.<.98E;F@BG98>1AB1<0@;--9D1EG-9F11<09>10B>809D9>H980?1I;<.<0?;00?1>1E9:;-9/;81EG-9F11D9B-2=>1;01B82B1>.<H09;=9EEB8.0FJ<?1;-0?;82<;/10F378<B=?=;<1<@0?11EG-9F1><?;--21:1-9G@.EG-1E180@;82E;.80;.81//1=0.:1=980>9-E1;<B>1<09G>1:1800>;8<E.<<.98.80?1D9>HG-;=1.8=-B2.8KG>9:.2.8K.<9-;0.98/9>0?11EG-9F11;00?1D9>HG-;=1;82@./.<9-;0.98.<890/1;<0?1D9>HG-;=13-B2.8K;81EG-9F11/>9E0?1D9>HG-;=1I;<1298NOP75QRS9>;=-9<1=980;1EG-9F11.8/9>E;0.98>1K;>2.8KNOP75QRSQ>1-;012I181/.0<09D?.=?0?11E>;GG-.=;I-1/121>;-@<0;01@9>-9=;--;D<3T?.<.8=-B21<;8FI181/.0<;:;.-;I-1BH-1;:1@./;GG-.=;I-1@D9>H1><J=9EG18<;0.98-;D@-9=;-K9:1>8E180;->1AB.>1D8-1;:1G9-.=.1<@;82-1;:1KB;>;80112IF=980>;=031=980;=0<3LEG-9F1><<?;--E;H1NOP75QRS01<0<;:;.-;I-1;089=9<0@2B>.8KEG-9F1>D?9?;2;=-9<1=980;=0.80?1D9>HG-;=1@D.0?0?11C=1G0.989/>10B.98UVWX4I64RR6@;82G>9:.210?1ED.0?0?1.8/9>E;0.9898I181/.0<21<=>.I1275QRS=;<1<31><?;--890./F1EG-9F11<;82.821G182180=980>;=09><D?9?;2;=-9<1=980;=81EG-9F11D?9?;2;=-9<1=980;=03Y90.=1<?;--I1G>9:.212;<<998;<G9<<0?10.E1>1AB.>120918<B>10?;00?11C=-B<.98>1AB.>1E180<9/<BI<1=0.98UVW>N921<1=0.98]^WS3]9>;8F<B==1<<9>-;D.<.81//1=0@0?11EG-9F1><?;--G>9@.8;/9>E>1;2.-FB821><0;82;I-1091EG-9F11<3Y90.=1<?;--I1K.:1809;--1.821G182180=980>;=09><;00?1D9>H<.01.8;==9>2;8=1D.0?0?1;GG-.=;I-1-;D>N921<1=0.98]^WS3]9>;8F<B==1<<9>-;D.<.81//1=0@0?11EG-9F1><?;--G>90?1;GG-.=;I-1-;D090?1;B0?9>._12>1G>1<180;0.:1@./;8F@9/0?1NOP75QRS?;2;=-9<1=980;=03T?11EG-9F1><?;--;-<9G>9:.21890.=1.8;==9>2;8=1D.0?>._12>1G>1<180;0.:1@./;8F@9/;--1EG-9F11<980?1G>1E.<1<;00?1<;E1D9>D.0?.80?1.8/1=0.9B<G1>.9233?;--G>9:.21/;=1=9:1>.8K<;8218<B>10?1F;>1D9>8IF1EG-9F11<D?18>1A21>3[?18;N5ab>1KB-;0.989>9>21>>1AB.>1</;=1=9:1>.8K<.8299><@0?;0.8`;=1=9:1>.8K<<?;--I1=-1;8@B82;E;K12@;82D9>89:1>0?189<1;82E9B0F11<;>1>1AB.>1209D1;>/;=1=9:1>.8K<B821>0?.<<1=0.989><1=0.98<UVWX3R=1G0.98<;GG-Fc1EG-9F11.<;-981.8;>99E9>:1?.=-13 Docusign Envelope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bc<=D>:7/BAB8B5=CEBD<=;7?7C<?DB=B2eEBD<=;7@5?U7=>B4<>B5=GaB4>?<>B5=G<=DfB?gE<4B>6B=O=D55?1=AB?5=27=34727=>G<=D2<B=><B=7@@7;>BA727>:5D8>53?7A7=>>?<=82B88B5=5@STUO/>:7@54459B=C<;>B5=8>5B23?5A7A7=>B4<>B5=i7>:78E33465@5E>8BD7<B?>5>:77M>7=>@7<8BF47G7M;73>9:7=>:7]=B>7DJ><>77=;6.1bf0fB?gE<4B>6O=D7MB8C?7<>7?>:<=VQQ@5?<=63544E><=>5?B@537=BE>D55?<B?F65>:7?27<=895E4D;<E87<:<X<?D>5723456778G@5?B=8><=;7@?C8<=D8>?E;>E?789B>:27;:<=B;<4A7=>B4<>B5=G@B4>7?;B?;E4<>7D<B?>:?5EC:@B4>jB=B2E21@@B;B7=;6\735?>B=CU<4E7.j1\U0HVNG5?>:7:BC:78>47A745@@B4>B>:>:77MB8>B=C27;:<=B;<4A7=>B4<>B5=868>72I1@@B;B7=;6b<?>B;E4<>7fB?.c1bf0@B4>?<>B5=E=B>8B=<;;5?D<=;79B>:2<=E@<>B5=8B=B=D55?<?7<85;;E3B7DF6723456778@5?7M>7=D7D37?B5D8G9:7?7A7=>?7DE;7>:7?B8K5@STUO/HVW>?<=82B88B5=IEFl7;>>587;>B5=RVYP5?RVYN8:<44?7AB79<=D;523469B>:>:58787;>B5=8G<P?7[EB?78:7<>B=CGA7=>B4<>B=CG<=D<B?H;5=DB>B5=B=C.cUfS0868>728>5F753C95?KB=C:5E?8G9B>:4B2B>7D7M;73>B5=8I7234567?88:<442<MB2BX7>:78E33465@5E>8BD7<B?>5>:77M>7=>@7<8BF47G7M;7 Docusign Envelope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`58F;=:FD/48O64;FD/48BE232DE22@:64A22B43C2<ODE2<FD24HDE26F5D<FAFDDE2B45/D/P2QRSTUVJKD25DF8<a43QRSTUVJK</F9845/5>_E25232;43<55EF66L2322:23/4</8BE/;EDE232;43</582;255F3AD4@22DDE232b=/32@28D54HDE/552;D[M\I>[>EF6632DF/8DE284D/;2532b=/32<LA5=L52;D/48[M\I.20/8F;;43<F8;2B/DEcFL=;;255436FB>8D/HA/89/8H43@FD/484HQRSTUVJK;F52543:235485B/DEQRSTUVJK5A@:D4@;F632;43<532b=/32<LADE/552;D/4843LA52;D/485[M\I>JDE34=9E[M\I>[O5EF6255</5;645=32/532b=/32<43:23@/DD2<LA6FB>f832<F;D2</8H43@FD/4848QR<D4DE264;F6E2F6DE<2:F3D@28DB/DE]=3/5</;D/484P23DE2B43C:6F;2OQUegO2</FD26A=:4832b=25DOF8<BE2832b=/32<LA6FB>8DD4D/D62iO52;D/48[[M>[ODE2U/P/5/48@FA32b=/32F82@:64A23D4DFC2F<</DF9F/85DQRSTUVJKEF7F3<5DE34=9EDE2/55=F8;24HF8R3<23D4_FC2h:2;/F6D2<Yh2;D/48JWM>[OcFL43Q4<2>^2H2328;2Yh2;D/485JWM>[OJWW>dF8<dW\K>dOg/5D43A2<JJV[\VM\M\F5F82@23928;Aq4:23FD/P2JJV[\VM\M\>Z@23928;A2G:/3FD/483<23XVW\VM\0:6=5F8F<</D/48F6d\<FA5.ZG2;=D/P2R3<23XVrJVM\0.^29/5D24@:6/F8;2@=5DL2D3F85@/DD2<D4R1cLAJ\VJVM\MJ432@23928;A6F89=F9248DE2H4664B/89<FA>?43:3/43E/5D43AO522^29/5D23rWOX4>W[>4@/55=2<ZG2;=D/P2R3<23XViWVM\.M\JKQ1ZRiWVM\0O<FD2<U2;2@L23J:34P/5/485326FD/89D4DE22G;6=5/484HQRSTUVJK;F525H34@DE2B43C:6F;2>D/484H:=8;D=FD/48233435/85=L52;D/485.L0.J0O.;0.[0.U0O.;0.J\0.Q0F8<.;0./62<B/DEF@28<@28D5dVJrVM\MJF5F82@23928;Aq4:23FD/P2dVJrVM\MJ:=35=29/5D23M\MJOX4>MI0>ZG2@:DH34@DE21e1:=35=F8DD4s4P238@28DQ4<252 Docusign Envelope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`5:82=P4084<D_92430N72139 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 !! "#$%& "'(! )*+++!! !, -!). ).*, )'/)%*.$.+'+++!! !,! )) , )*+/.)). ! .)*+++!! !,-*' .!)=895>?=@1A79B05C87BD9@89AYTZ[\]^_`aQ37FE=566>F8A1=7F>e829159Bfghihj;566>F8A7E5JE9l6>5383Em898@2BA837FE=fhijFC74988E9nE988n6>EB88oD8@t9E16g5A@8CF=8@2BA12A837FE=fhijb2cb:cgmFAF78@748JE9lAF78@19F=t7488@19F=t5kur@5B689FE@g1=>8AA5o5>FCE9=F5q86597n8=7ECv12>F3w85>74bo@89@8CF=8AE172985l1AF=t5@FCC898=7=1n289ECoDp?qrks35A8A5=@xE95@F35A874FAA837FE=566>F8AJ48=748=1n289EC35A8A57748JE9lAF783E=A7F71788CF=F7FE=;A45>>566>B1=7F>74898598E=8E9C8J89=8JoDp?qrks35A8A@878378@F=748FE@;7F=t;16E=28F=t3Em898@2B74FAA837FE=g7488n6>EB89A45>>n5l8oDp?qrks78A76>EB88AJF74F=7488H6EA8@t9E16g98t59@>8AAECm533F=57FE=A7571Ag@19F=t8n98719=8@35A8A5=@8n6>EB88AJ4EJ898=E7698A8=757748JE9l6>538@19F=t@89A12A837FE=fhij;kb5c;5>>748=n5l878A7F=t5m5F>52>8E=5J88l>B25AFA7E5>>8n6>EB88AF=7488H6EE9l6>538;J4E45@3>EA83E=7537AA45>>45m85=8t57Fm8oDp?qrks78A775l8=JF74F=7498E=7537E9A45>>288H3>1@8@5=@CE>>EJ74898719=7EJE9l98K1F98n8=7AECA12748@578EC748>5A7l=EJ=3>EA83E=7537; Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 !! 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Number 215952 Rates Please see the attached document from Appendix C that outlines our firm’s proposed rates. Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 01203.0023 2076571.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION Item Description Unit Unit Price 1-1 Full-depth asphalt pavement removal and reconstruction, 4" depth, per location (1–500 SF) SF 1-2 Additional depth for full-depth asphalt pavement removal and reconstruction, per each additional 1" (1–500 SF) SF 1-3 Full-depth asphalt pavement removal and reconstruction, 4" depth, per location (501–1,000 SF) SF 1-4 Additional depth for full-depth asphalt pavement removal and reconstruction, per each additional 1" (501–1,000 SF) SF 1-5 Full-depth asphalt pavement removal and reconstruction, 4" depth, per location (1,001–2,000 SF) SF 1-6 Additional depth for full-depth asphalt pavement removal and reconstruction, per each additional 1" (1,001–2,000 SF) SF 1-7 Full-depth asphalt pavement removal and reconstruction, 4" depth, per location (>2,000 SF) SF 1-8 Additional depth for full-depth asphalt pavement removal and reconstruction, per each additional 1" (>2,000 SF) SF 1-9 Sawcutting pavement LF 1-10 Remove and dispose of existing asphalt concrete pavement SF 1-11 Remove and dispose of existing aggregate base CY 1-12 Subgrade scarification, moisture conditioning, and recompaction SY 1-13 AC Cold Milling less than 3" SF 1-14 Asphalt concrete fill after milling less than 3" TON 1-15 AC Cold Milling greater than 3" to 6" SF 1-16 Asphalt concrete fill after milling greater than 3" to 6" TON 1-17 AC Cold Milling greater than 6" to 8" SF 1-18 Asphalt concrete fill after milling greater than 6" to 8" TON 4.80 1.30 4.20 1.30 3.75 1.30 3.40 1.30 5.00 5.00 300.00 60.00 1.55 4.85 1.65 4.95 2.40 5.60 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 01203.0023 2076571.1 C-2 Item Description Unit Unit Price 1-19 AC Cold Milling greater than 8" to 10" SF 1-20 Asphalt concrete fill after milling greater than 8" to 10" TON 1-21 AC Cold Milling greater than 10" to 12" SF 1-22 Asphalt concrete fill after milling greater than 10" to 12" TON 1-23 Major grind and overlay, complete in place SY 1-24 Skin patching up to 2" SF 1-25 Tack coat SY 1-26 Class II aggregate base, furnished and compacted CY 1-27 Crushed 3/4" stone base, furnished and compacted CY 1-28 Imported fill, furnished and compacted CY 1-29 Asphalt berm / asphalt dike LF 1-30 Asphalt curb, 8" wide, 6" high LF 1-31 Cast-in-place concrete curb, 8" wide, 6" high LF 1-32 PCC cross gutter, driveway approach, or local concrete restoration SF 1-33 Fissure repair / sealing in asphalt pavement LF 1-34 Crack sealing in asphalt pavement, up to 1" width LF 1-35 Slurry seal, Type II, with latex additive SF 1-36 Flexible pavement repair holes, roadway, 1 CF EA 1-37 Pavement marking, thermoplastic, white or yellow LF 1-38 Traffic stripe, paint or thermoplastic LF 1-39 Raised pavement marker removal and replacement EA 1-40 Traffic control, half-day flagging operation DAY 1-41 Traffic control, full-day flagging operation DAY 1-42 Portable changeable message sign DAY 3.30 6.50 4.00 6.70 56.00 13.00 3.00 130.00 160.00 100.00 35.00 40.00 245.00 30.00 300.00 7.00 0.65/sf 2,000.00 50.00 40.00 25.00 3,000.00 4,500.00 600.00 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 01203.0023 2076571.1 C-3 Item Description Unit Unit Price 1-43 Steel plate installation, maintenance, and removal DAY 1-44 Water truck DAY Item Labor / Equipment Unit Unit Price 2-1 Laborer $/HR 2-2 Traffic Control/Flagger $/HR 2-3 Foreman $/HR 2-4 Superintendent $/HR 2-5 Equipment Operator $/HR 2-6 Grade Checker / Paving Labor $/HR 2-7 Backhoe with Operator $/HR 2-8 Excavator with Operator $/HR 2-9 Skip Loader with Operator $/HR 2-10 Wheel Loader with Operator $/HR 2-11 Bobcat / Skid Steer with Operator $/HR 2-12 Bobcat / Skid Steer with Grinder Attachment and Operator $/HR 2-13 Motor Grader with Operator $/HR 2-14 Roller with Operator $/HR 2-15 Paving Machine with Operator $/HR 2-16 Milling Machine / Cold Planer with Operator $/HR 2-17 Sawcut Truck / Sawcutting Equipment with Operator $/HR 2-18 Dump Truck with Operator $/HR 2-19 Water Truck with Operator $/HR 300.00 800.00 145.00 125.00 160.00 230.00 150.00 148.00 210.00 275.00 220.00 260.00 235.00 240.00 265.00 220.00 1,200.00 900.00 375.00 200.00 200.00 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 01203.0023 2076571.1 C-4 2-20 Vacuum Sweeper $/DAY 2-21 Pickup Truck $/DAY 2-22 Crew Truck $/DAY 2-23 Compressor with 90-lb Hammer $/HR 2-24 Plate Compactor / Jumping Jack $/DAY 2-25 Lowboy / Equipment Hauling Truck with Operator $/HR 2-26 Changeable Message Sign (Portable CMS) $/DAY 2-27 Arrow Board $/DAY I. Effective July 1 of each calendar year during the term of this Agreement, the labor rates specified herein shall be subject to adjustment to reflect the most current prevailing wage rates as established by the Director of the California Department of Industrial Relations, pursuant to Section 1770 et seq. of the California Labor Code for County of Los Angeles. Any such adjustment shall be contingent upon the Contractor’s submission of a written request for rate modification provided to the City no later than five (5) business days after July 1, accompanied by adequate documentation substantiating the applicable prevailing wage changes. Said request shall be subject to the prior written approval of the Contracting Officer or their authorized designee. No adjustment to labor rates shall be deemed effective until approved in writing by the Contracting Officer. The Contractor shall not be entitled to any retroactive compensation for work performed prior to such approval. II. Prices for materials furnished under this Contract shall be determined by prevailing local market rates at the time of purchase. The City shall be invoiced the actual cost incurred by the Contractor for such materials, including all applicable freight charges and sales tax, plus a fifteen percent (15%) markup, consistent with Standard Specifications for Public Works Construction (“Greenbook”). All invoices submitted for payment shall be accompanied by itemized receipts or supplier invoices clearly evidencing the actual prices paid by the Contractor. Failure to provide such documents shall be grounds for withholding payment for the associated materials until it is furnished. III. With respect to each completed Task, a retention of five percent (5%) may be held from each respective payment as a contract retention to be paid upon satisfactory completion of services and the Contractor has requested release of the retention in writing. IV. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. 3,000.00 200.00 285.00 10.00 100.00 260.00 600.00 235.00 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 BA20241230236 Entity Details Corporation Name HARDY & HARPER, INC. Entity No.0443071 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Mailing Address of Corporation Mailing Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Attention Street Address of California Office of Corporation Street Address of California Office 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Officers Officer Name Officer Address Position(s) Kristen S. Paulino 32 RANCHO CIRCLE Lake Forest, CA 92630 Secretary, Chief Financial Officer DANIEL THOMAS MAAS 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Chief Executive Officer Additional Officers Officer Name Officer Address Position Stated Position Michael A Amundson 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Vice President Directors The number of vacancies on Board of Directors is: 0 Director Name Director Address Tessa Irene Maas 32 Rancho Circle Lake Forest, CA 92630 +Daniel Thomas Maas 32 RANCHO CIRCLE LAKE FOREST, CA 92630 +Kristen S Paulino 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Agent for Service of Process Agent Name KRISTEN S. PAULINO Agent Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Type of Business Type of Business ASPHALT PAVING CONTRACTOR STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 657-5448 B2 8 5 6 - 2 3 8 1 0 7 / 0 1 / 2 0 2 4 1 0 : 4 6 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 1 of 2 For Office Use Only -FILED- File No.: BA20241230236 Date Filed: 7/1/2024 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kristen S. Paulino Signature 07/01/2024 Date B2 8 5 6 - 2 3 8 2 0 7 / 0 1 / 2 0 2 4 1 0 : 4 6 A M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 2 of 2 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Docusign Envelope ID: 272135EF-BEBA-8AB6-8356-41175C5C9A18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/18/2026 The Baldwin Group West,LLC 15901 Red Hill Ave,Ste 100 Tustin CA 92780 Brenda Juarez (714)505-7000 (714)573-1770 brenda.juarez@baldwin.com License#:0F69771 Great American Insurance Compa 16691 HARD&HA-02 Great American Excess &Surplu 37532Hardy&Harper,Inc. MAAS Equipment,LLC 32 Rancho Circle Lake Forest CA 92630 BITCO General Insurance Corpor 20095 716489967 C X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y CLP 3771023 4/15/2026 4/15/2027 2,000,000 C 1,000,000 X X X Y Y CAP 3771022 4/15/2026 4/15/2027 A X 2,000,000 X TUE 4369837 04 4/15/2026 4/15/2027 2,000,000 C X Y Y WC 3771024 4/15/2026 4/15/2027 1,000,000 1,000,000 1,000,000 B Professional Liability Pollution Liability PCM E502853 06 4/15/2026 4/15/2027 Each Occurrence Annual Aggregate 1,000,000 2,000,000 General Liability Additional Insured,Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements.General Liability Aggregate limit per project applies per attached endorsements.Auto Liability Additional Insured,Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements.Work Comp Waiver of Subrogation applies per endorsement WC040306.30 day Notice of cancellation applies per attached endorsements. RE:On-Call Palos Verdes Drive South -Roadway Maintenance within the Portuguese Bend Landslide Additional Insureds:The City,its officials,officers,agents,and employees City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes CA 90275 AA-5338 (01/22) BITCO General Insurance Corporation BITCO National Insurance Company ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are “insureds”under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an “insured” for Liability Coverage, but only to the extent that person or organization qualifies as an “insured”under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an “insured”for Liability Coverage,and they have coverage as a first-named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. Named Insured: Policy Number:Endorsement No.: Policy Period:to Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE DATE WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT HARDY & HARPER, INC. BURNHAM WGB INS. SOLUTIONS, LLC 0006705 CAP 3771022 04-15-26 04-15-27 CA-5370 (01/22) BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY EARLY NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Common Policy Conditions, A. Cancellation, 2. is replaced by the following: 2.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.( )days before the effective date of cancellation if we cancel for nonpayment of premium; or b.( )days before the effective date of cancellation if we cancel for any other reason. Named Insured: Policy Number:Endorsement No.: Policy Period:Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE DATE TEN 10 SIXTY 60 HARDY & HARPER, INC. BURNHAM WGB INS. SOLUTIONS, LLC 0006705 CAP 3771022 04-15-26 to 04-15-27 04-15-26 COMMERCIAL AUTO CA 04 44 10 13 CA 04 441013 ©Insurance Services Office,Inc.,2011 Pagel of 1 POLICY NUMBER: CAP 3771022 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARDY & HARPER, INC. Endorsement Effective Date: 4/15/2026 SCHEDULE Name(s) Of Person(s) Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. IL 02 70 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 70 07 20 © Insurance Services Office, Inc., 2020 Page 1 of 4 CALIFORNIA CHANGES – CANCELLATIONAND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A.Paragraphs 2.and 3.of the Cancellation Common Policy Condition are replaced by the following: 2.All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less,and is not a renewal of a policy we have previously issued,we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy,and to the producer of record,advance written notice of cancellation,stating the reason for cancellation, at least: a.10 days before the effective date of cancellation if we cancel for: (1)Nonpayment of premium; or (2)Discovery of fraud by: (a)Any insured or his or her representative in obtaining this insurance; or (b)You or your representative in pursuing a claim under this policy. b.30 days before the effective date of cancellation if we cancel for any other reason. 3.All Policies In Effect For More Than 60 Days a.If this policy has been in effect for more than 60 days,or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence,after the effective date of the policy, of one or more of the following: (1)Nonpayment of premium,including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2)Discovery of fraud or material misrepresentation by: (a)Any insured or his or her representative in obtaining this insurance; or (b)You or your representative in pursuing a claim under this policy. (3)A judgment by a court or an administrative tribunal that you have violated a California or Federal law,having as one of its necessary elements an act which materially increases any of the risks insured against. Page 2 of 4 © Insurance Services Office, Inc., 2020 IL 02 70 07 20 (4)Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards,by you or your representative,which materially increase any of the risks insured against. (5)Failure by you or your representative to implement reasonable loss control requirements,agreed to by you as a condition of policy issuance,or which were conditions precedent to our use of a particular rate or rating plan,if that failure materially increases any of the risks insured against. (6)A determination by the Commissioner of Insurance that the: (a)Loss of,or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b)Continuation of the policy coverage would: (i)Place us in violation of California law or the laws of the state where we are domiciled; or (ii)Threaten our solvency. (7)A change by you or your representative in the activities or property of the commercial or industrial enterprise,which results in a materially added,increased or changed risk,unless the added,increased or changed risk is included in the policy. b.We will mail or deliver advance written notice of cancellation,stating the reason for cancellation,to the first Named Insured, at the mailing address shown in the policy,and to the producer of record, at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2)30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B.The following provision is added to the Cancellation Common Policy Condition: 7.Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household personal property in a residential unit,if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part –Farm Property –Farm Dwellings,Appurtenant Structures And Household Personal Property Coverage Form a.If such coverage has been in effect for 60 days or less,and is not a renewal of coverage we previously issued,we may cancel this coverage for any reason,except as provided in b.and c.below. b.We may not cancel this policy solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage; or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA)that included an earthquake policy premium surcharge. However,we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c.We may not cancel such coverage solely because corrosive soil conditions exist on the premises.This restriction (c.)applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1)Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2)Farm Coverage Part –Causes Of Loss Form –Farm Property,Paragraph D. Covered Causes Of Loss – Special. IL 02 70 07 20 © Insurance Services Office, Inc., 2020 Page 3 of 4 d.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not cancel this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel: (1)When you have not paid the premium,at any time by letting you know at least 10 days before the date cancellation takes effect; (2)If willful or grossly negligent acts or omissions by the Named Insured,or his or her representatives,are discovered that materially increase any of the risks insured against; or (3)If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable. C.The following is added and supersedes any provisions to the contrary: Nonrenewal 1.Subject to the provisions of Paragraphs C.2.and C.3.below, if we elect not to renew this policy, we will mail or deliver written notice,stating the reason for nonrenewal,to the first Named Insured shown in the Declarations,and to the producer of record,at least 60 days,but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured,and to the producer of record,at the mailing address shown in the policy. 2.Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part –Farm Property –Farm Dwellings,Appurtenant Structures And Household Personal Property Coverage Form a.If this policy provides coverage as described in the preceding paragraph,and we elect not to renew this policy,we will mail or deliver written notice,stating the reason for nonrenewal,to the first Named Insured shown in the Declarations,and to the producer of record,at the mailing address shown in the policy,at least 75 days, but not more than 120 days,before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration,as required in the paragraph above,this policy,with no change in its terms and conditions,shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured.A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b.We may elect not to renew such coverage for any reason,except as provided in Paragraphs c., d.and e.below. c.We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However,the following applies only to insurers who are associate participating insurers as established by Cal.Ins.Code Section 10089.16.We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage,if one or more of the following reasons applies: (1)The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; Page 4 of 4 © Insurance Services Office, Inc., 2020 IL 02 70 07 20 (2)The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition.A hazardous condition includes,but is not limited to,a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3)We have: (a)Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b)Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. d.We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy,issued by the California Earthquake Authority,that included an earthquake policy premium surcharge. e.We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises.This restriction (e.)applies only if coverage is subject to one of the following,which exclude loss or damage caused by or resulting from corrosive soil conditions: (1)Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2)Farm Coverage Part –Causes Of Loss Form –Farm Property,Paragraph D. Covered Causes Of Loss – Special. f.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not nonrenew this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1)If willful or grossly negligent acts or omissions by the Named Insured,or his or her representatives,are discovered that materially increase any of the risks insured against; (2)If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3)If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable. 3.We are not required to send notice of nonrenewal in the following situations: a.If the transfer or renewal of a policy,without any changes in terms,conditions or rates,is between us and a member of our insurance group. b.If the policy has been extended for 90 days or less,provided that notice has been given in accordance with Paragraph C.1. c.If you have obtained replacement coverage, or if the first Named Insured has agreed,in writing,within 60 days of the termination of the policy, to obtain that coverage. d.If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e.If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f.If we have made a written offer to the first Named Insured,in accordance with the timeframes shown in Paragraph C.1.,to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered OperationsOr Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location AndOr Organization(s)Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Name Of Person(s) Or Organization(s): Policy Number: CLP 3771023 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured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Each person or organization shown in the Schedule is an "insured"for Covered Autos Lability Coverage,but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.1.of Section II -Covered Autos Lability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph Dl2.of Section I-Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office,Inc.,2011 Page 1 of 1 POLICY NUMBER: CAP 3771022 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FORCOVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the VWio Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Ibis endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hardy & Harper, Inc Endorsement Effective Date: 4/15/2026 SCHEDULE Name Of Person(s) Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN "INSURED CONTRACT" TO DESIGNATE AS AN ADDITIONAL INSURED SUBJECT TO ALL THE PROVISIONS AND LIMITATIONS OF THIS POLICY. BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY WC 99 03 73 (09/21) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Cancellation or Non-Renewal to Specified Persons or Organizations Endorsement California THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or nonrenewal to all Specified Persons or Organization on file with us days prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Named Insured Policy Number Endorsement No. Policy Period to Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE DATE 30 10 HARDY & HARPER, INC. WC 3 771 024 04-15-26 04-15-27 THE BALDWIN GRP. WEST, LLC 0006705 Certificate Of Completion Envelope Id: 272135EF-BEBA-8AB6-8356-41175C5C9A18 Status: Completed Subject: Complete with Docusign: LS Roadway Repairs - CSA Source Envelope: Document Pages: 204 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 2 Jeremiah Sunwoo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 jsunwoo@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original 6/18/2026 12:54:51 PM Holder: Jeremiah Sunwoo jsunwoo@rpvca.gov Location: DocuSign Signer Events Signature Timestamp Michael Amundson mamundson@hardyandharper.com Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 64.58.138.50 Sent: 6/18/2026 12:58:50 PM Viewed: 6/19/2026 9:35:05 AM Signed: 6/22/2026 7:53:24 AM Electronic Record and Signature Disclosure: Accepted: 8/7/2024 3:29:35 PM ID: 9c67d365-aa5b-4e00-8f18-52cd69fcbacd Kristen Paulino Kpaulino@hardyandharper.com Corporat Secretary/CFO Maas Equipment Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.58.138.50 Sent: 6/22/2026 7:53:26 AM Viewed: 6/22/2026 8:30:58 AM Signed: 6/22/2026 8:31:14 AM Electronic Record and Signature Disclosure: Accepted: 6/22/2026 8:30:58 AM ID: f01fa3a3-a63c-453f-88a3-17d224420098 Bill Wynder wwynder@awattorneys.com City Attorney City Attorney Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 13.88.155.124 Sent: 6/22/2026 8:31:17 AM Viewed: 6/22/2026 8:32:10 AM Signed: 6/22/2026 8:32:23 AM Electronic Record and Signature Disclosure: Accepted: 6/22/2026 8:32:10 AM ID: 9f131528-780d-4cfb-980a-ff07d801d85e Paul Seo paul.seo@rpvca.gov Mayor of RPV Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 2a04:4e41:4a0a:33e8::ed66:93e8 Signed using mobile Sent: 6/22/2026 8:32:26 AM Viewed: 6/22/2026 8:50:24 AM Signed: 6/22/2026 8:50:34 AM Electronic Record and Signature Disclosure: Accepted: 12/17/2025 3:23:57 PM ID: 0771065e-75e8-4062-b23e-0088408f91e0 Signer Events Signature Timestamp Teresa Takaoka terit@rpvca.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 70.170.27.194 Signed using mobile Sent: 6/22/2026 8:50:36 AM Viewed: 6/24/2026 7:18:48 AM Signed: 6/24/2026 7:19:05 AM Electronic Record and Signature Disclosure: Accepted: 6/24/2026 7:18:48 AM ID: ce6367ab-7bdd-47e4-b474-ae7d3c1defce In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp City Clerk Office CityClerk@rpvca.gov Security Level: Email, Account Authentication (None) Sent: 6/24/2026 7:19:07 AM Viewed: 6/24/2026 5:07:48 PM Electronic Record and Signature Disclosure: Accepted: 11/10/2025 8:10:54 AM ID: dcbfc65a-fde1-40b9-af46-8afb606fa9bc Russ Bryden rbryden@rpvca.gov Principal Engineer City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Sent: 6/24/2026 7:19:08 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/18/2026 12:58:50 PM Certified Delivered Security Checked 6/24/2026 7:18:48 AM Signing Complete Security Checked 6/24/2026 7:19:05 AM Completed Security Checked 6/24/2026 7:19:08 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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