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AGMT - Hardy & Harper Inc & Amendment No 1 (On-Call Emergency ad Unexpected Task Asphalt Maintenance and Repair Services)
AMENDMENT NO. 1 PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Hardy & Harper, Inc 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 This Amendment No. 1, dated February 27. 2023, amends that certain agreement ("Agreement") dated April 12, 2021, by and between the City of Seal Beach ("City"), a California charter city and Hardy & Harper, Inc. ("Contractor"), a California corporation, (collectively, "the Parties"). RECITALS A. City and Contractor are parties to the Agreement, pursuant to which Contractor provides public works support services to City. B. Effective April 12, 2021, City and Contractor entered into an Agreement for Contractor to provide on-call emergency and unexpected task asphalt maintenance and repair services for a three-year term. C. City and Contractor wish to amend the Agreement to increase Contractor's compensation by $150,000 for additional services required in connection with the services, for a revised total contract amount not to exceed $450,000.00, for the original term, as provided herein. D. City and Contractor further wish to amend the Agreement to increase Contractor's compensation for each optional one-year term extension by $100,000, for a revised total not -to -exceed amount of $200,000 for each optional term extension. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended in its entirety to read as follows: "3.0 Contractor's Compensation 3.1. Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $450,000.00 (Four Hundred Fifty -Thousand and 00/XX dollars) for the Original Term, subject to the following: 3.1.1. For the first two years (April 12, 2021 through April 12, 2023) of the Original Term, City will pay Contractor not more than the cumulative not -to -exceed amount of $300,000. 3.1.2. For the third year (April 12, 2023 through April 12, 2024) of the Original Term, City will pay Contractor not more than the cumulative not -to -exceed amount of $150,000. 3.2 In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth - in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $200,000.00 (Two Hundred Thousand and 00/XX dollars) for each one-year extension. 3.3. Contractor will not .be compensated for any work performed not authorized by City and specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior ,City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the: fee schedule set forth in Exhibit B." Section 2. Section 16.1.1 is hereby added to Section 16.1 (Indemnity) of Section 16.0 (Indemnification, Hold Harmless, and Dulty to Defend) to read as follows: "16.1.1. For Claims arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault." Section 3. Section 38 (Non -Appropriation of Funds) is hereby added to the Agreement to read as follows: , "31.0 Non -Appropriation of Funds Payments to be made to Contractor by City ,for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year." Section 4. All references to the term "Agreement" throughout Sections 1 through 31.0, inclusive, of the Agreement are ;hereby modified to include this Amendment No. 1 dated February 27, 2023, as if all of those terms are fully set forth therein. I Section 5. Except as expressly modified ort supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 6. The persons executing this Amendment No. 1 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1.. m IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH CONSULTANT: Hardy & Harp r, Inc., a .. California Corporation /f M City Ma Attest: By: G oria D. rper, Ci h18 R 2� Approved as t For By: - Craig A. Steele, City Attorney By: ivncrfaei iwu Vice P sidgm rKristen S. Faulino !Secretary (Please rote, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) CALIFORNIA •. A notary public or other officer completing this certificate document to which this certificate is attached, and not the,, .J'm}.',ff=. f State of California )>k �" s'l' ,• ;' t, County of Orange6 On February 22. 2023 before me, .,,, . ` 'Morgan E .Chultriolck. Notary Public - Date ={.Here` Insert"llldrrie and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) glare subscribed to the within instrument and acknowledged to me that IV/sbce/they executed the same in his/her/their authorized capacity(ies), and that by his/hmr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MORGAN E. CHURNOCK 09 W' L Notary Public - California Orange County Commission N 2377551 `'���•" My Comm. Expires Oct 5', 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J Signature gna re oL&dta7ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: _Michael Murray ❑ Corporate Officer — Title(s): Virg PraSirlant ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. Document Date: Named Above: Signer's Name: Kristen Paulino Z Corporate Officer — Title(s): Cor-porate Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _Hardy & Hamer. Inc. •� .d •� -� .d N .d �� -� .d .b .d .d .d -� .d •� .d .d .dqd •� .d �dANAd0. .d �� .d .d .d •d •d -d .d �HA q •d_ 'L/ •d • • • • • • • • • i�• ! i�• • •i •• uAnnv4 uAOO ICAKIA CERTIFICATE OF LIABILITY INSURANCE W ^ DATE 10/6/2022 (MMIDDIYYYY) 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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). PRODUCER The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 CONTACT NAME: No,PHONE Eye). (949) 553-9800 �Al�c, No):(949) 553-0670 cE � INSURER(S) AFFORDING COVERAGE NAIC # Irvine, CA 92614 INSURERA:OId Republic General Insurance Corporation 24139 INSURED INSURER B : Great American Ins. Co. 16691 INSURER C: Great American E&S Insurance Company 37532 Hardy & Harper, Inc. INSURER D: 32 Rancho Circle Lake Forest, CA 92630 INSURERE: INSURER F: ...-� 11013r1C1f"ArC 1.11 IIIIIDCD• RFvi.ginN NIIMRFR! VV YGRIIV LV - -------- 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. INSR LTR TYPE OF INSURANCE ADDL IND SUBR WVD POLICY NUMBER I MIDD POLICY EFFr411512023 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 TO RENTED ngm S 100,000 CLAIMS -MADE ❑X OCCUR X lCGA0013900 4/15/2022DAMAGE MED EXP (Any oneperson) S 5,000 PERSONAL&ADV INJURY S 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jEa FILOC GENERAL AGGREGATE S 2'000'000 PRODUCTS - COMP/OP AGG S 2,000,000 S OTHER: A AUTOMOBILE LIABILITY I (CEO, .dent) SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) S X ANY AUTO AICAA0013900 41-1512022 4/15/2023 BODILY INJURY Per accident S BODILY OWNED SCHEDULED AUTOS ONLY AUTOS X A�RTOS ONLY Ix AUOTOS ONLY Perr a�iden DAMAGE $ S B X UMBRELLA LIAB EXCESS LJAB X OCCUR CLAIMS -MADE TUE4369837 00 4/15/2022 4/15/2023 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 DED I I RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE F—] OFFICERIMEMSER EXCLUDED? (Mandatory in NH) NIA/A A1CWA0013900 4/15/2022 4/15/2023 X PER OTH- TAT TE ER 1,000,000 E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE 5 1,000,000 E.L. DISEASE -POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below C Pollution Liability PCM E502853 02 10/l 12021 4/15/2023 Occurrence 1,000,000 C Pollution Liability PCM E502853 02 10/11/2021 i 4/15/2023 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedute, may be attached if more space is required) RE: On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services. gla) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers is named as additional insured per the attached endorsements are included as Additional Insured as respects General Liability per attached endorsement. #`ARI!`CI 1 ATInKI I.CRIIr'11+fi1C r7VLUGR - ---- - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth St. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) U TWtits-LU70 AUUKU UuKrUMA I IUN. Hu ngnls rebcrveu. The ACORD name and logo are registered marks of ACORD ACORV° AGENCY CUSTOMER ID: HARDY&HARP ILeZH1rs ADDITIONAL REMARKS SCHEDULE JEANA Page 1 of 1 AGENCY NAMED INSURED Hardy & Harper Inc. 32 Rancho tircPe Lake Forest, CA 92630 POUCYNUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIC CODE ISEE P 1 EFFECTIVE DATE: SEE PAGE 1 ^Www I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or, agreement.* Ju I t4wwoju I] V 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A-1CG-A00139-00 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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) ,Or Organization(s) Location And Description Of Completed Operations "THE OWNER AND CONTRACTOR, IF REQUIRED BY LOCATIONS AS REQUIRED BY AN EXECUTED THE TERMS OF A WRITTEN CONTRACT THAT WAS WRITTEN CONTRACT. FULLY EXECUTED PRIOR TO THE DATE OF THE "OCCURRENCE", AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQUIRED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT. 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. CG 20 37 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: A-1CG-A00139-00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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) Or Organization(s) Location(s) Of Covered Operations "THE OWNER AND CONTRACTOR, IF REQUIRED BY LOCATIONS AS REQUIRED BY AN EXECUTED THE TERMS OF A WRITTEN CONTRACT THAT WAS WRITTEN CONTRACT. FULLY EXECUTED PRIOR TO THE DATE OF THE "OCCURENCE", AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQUIRED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT." 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: I. 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits d additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 This Professional Maintenance Agreement ("the Agreement") is made as of April 12, 2021 (the "Effective Date"), by and between Hardy & Harper, Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task asphalt maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task asphalt maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #215952, DIR 1000000076) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those asphalt maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call emergency or unexpected task nature of this Contract, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the 2of14 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on April 12, 2024, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from April 12, 2024 through and including April 12, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from April 12, 2025 through and including April 12, 2026, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $300,000.00 (Three Hundred Thousand and 00/XX dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000.00 (One Hundred Thousand and 00/XX dollars) for each extension. 3of14 3.3. Contractor will not be compensated for any work performed not authorized by City and specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for five (5) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Michael Murray is the Contractor's primary representative for purposes of this Agreement. Michael Murray shall be responsible during the term 4of14 of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 Attn: Michael Murray 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as 5of14 an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of14 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7of14 13.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least five (5) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for five (5) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of14 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 9of14 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. The Contractor shall 10 of 14 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.3. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 12 of 14 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that 13 of 14 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR: Hardy & Harper, Inc., a California corporation By:a s y; ill Ingram, City Manag Micha moray Attes Approved as to Form: By: (Wig' . Steele, City Attorney 21 nt Kristen Paolino Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Request for Proposal City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services -SEAQ. o� IFORN�!► RFP responses to be received until 2:00 P.M., February 15, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: January 19, 2021 ) Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Fee & Cost Proposal EXHIBIT B — Sample Contract Samples from Exhibit A and Exhibit B from the Request for Proposals were omitted intentionally. Uil'L//... X170011 (����1 REQUEST FOR PROPOSALS FOR ON-CALL EMERGENCY AND UNEXPECTED TASK ASPHALT MAINTENANCE REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee(a,sealbeachca.aov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. INTRODUCTION The City of Seal Beach ("City") owns and maintains approximately 41.8 centerline miles of pavement along with a network of alleyways, of which most are constructed of asphalt pavement. The City is seeking one or more contractors who would be available to provide on-call asphalt repair services in both emergency and unplanned situations, for an anticipated term of three (3) years. The final agreement amount and term will depend on the quality, diversity, responsiveness of the received proposals, and the future need for emergency and unexpected task work. Work shall comply with the Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any Agencies Having Jurisdiction (AHJ's). Due to the on-call/emergency nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and cost for each requested emergency or unexpected task will be negotiated on a project -by -project basis, based on the rates specified in the response. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. II. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class A (General Engineering) license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional asphalt maintenance and repair service experience. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. 3 i • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector on-call maintenance and repair contracts. • Adequate availability of key team members and equipment. III. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform asphalt maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the City. If the City determines that the Contractor has not satisfactorily performed the Work, payment will be withheld for said Work until such time the Work is completed to the satisfaction of the City. All work for which progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City shall certify that the Work has been inspected and completed to the satisfaction of the City prior to payment. The Contractor shall be responsible for timely payment of any subcontractor, materialmen, workers and suppliers. Authorization of Work Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within four (4) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and 4 -> _ i �!t'/J Iii (' �'/I( i�/1)/'/!(•° J /J • A detailed Work schedule No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal or notice to proceed. Progress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. Acceptance of Work Done The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with these specification, and if applicable, accepted. Billing Form. Records and Reports The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. Method of Work The asphalt repair work shall involve all work necessary to remove and replace asphalt work, as needed to complete the work in place. All Work shall be performed per the Standard Specifications for Public Works Construction (Green Book — latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standards Specifications, and any AHJ's requirements. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL - OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. The Contractor shall provide a self-propelled vacuum -type sweeper, or as approved by the City, as required to maintain Work site cleanliness. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. The Contractor shall verify the location of all utilities prior to any Work, and shall be held liable for all damages incurred due to his/her operations. Materials The following supplements Section 203 — Bituminous Materials in the Greenbook: 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to section 203-5.4, unless otherwise noted. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type ll-CQS-1 h conforming to section 203-3. 203-5.4.2 Materials 59 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of the quick -set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by Textile Rubber and Cement Company, Inc., or equal as approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/Z percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE. 203-6.4 General. Performance graded (PG) asphalt binder shall be PG 64-10 and conform to Table 203-1.2. Asphalt concrete for finish and leveling courses shall be Type III -C2 -PG 64-10. Asphalt concrete for base courses shall be Type III -62 -PG 64-10. Asphalt concrete for A.C. curbs and berms shall be Type III -D -PG 70-10 with 1 % additional binder in a mix design approved by OC Public Works Materials Laboratory per County of Orange, OC Public Works Standard Plan 1805. The contact surfaces of all cold pavement joints, curbs, gutters, etc. shall be painted with Grade SS- 1 h emulsified asphalt immediately before the adjoining A.C. pavement is placed. Finished surface of the new pavement at the edge of gutter shall be flush with the edge of the gutter in all crosswalk areas and shall be 3/8" higher than the lip of gutter in all other area, unless otherwise noted. 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.1 General. Composition and grading for all surface course paving shall be ARHM-GG-C 203-17 CRACK SEAL 203-17.1 General Crack sealing material shall be RW 306 R sealant and per the following specifications: TEST REQUIREMENT Pen @ 77 degrees F ATSM D-3407 25(+/-5) Pen 115 degrees F ASTM D-3407 70 max. Softening Point 210-220 OF Ductility 77 degrees F, 5cm/min 30 min Force Ductility 4 max 7 Resilience 50-60 Brookfield Viscosity 380 degrees F 20-30 poise Flow @ 140 degrees F 0 max Flexibility (90 degree bend in 2 sec. over 1 1/8 mandrel. No cracks. pass @ 0 IF Construction Methods The following supplements Section 302 — Roadway Surfacing in the Greenbook: 302-1 CRACK SEAL 302-1.1 General After cold milling operations and prior to any paving operations all pavement surfaces shall be inspected, weed abated, and crack sealed/filled. The Contractor shall apply herbicide to all vegetation one week prior to removal and crack sealing. Removal of vegetation shall consist of routing out cracks to ensure proper vegetation removal from all cracks. Cracks shall be cleaned using heat lance at approximately 2800 degrees to destroy any vegetation root or seed that may be left behind to prevent any further growth. The heat lance application will also clean out all dirt, sand, debris, and moisture. 302-1.2 Sealant Application Sealant shall be applied in prepared cracks at a temperature of approximately 380 degrees Fahrenheit. No more than a 2'/z" wide and 1/16" thick strip of material shall be applied to pavement surface. Squeegeeing of sealant will not be acceptable due to the inability to consistently meet the required configuration. Any excess sealant material shall be removed from asphalt surfaces. All cracks greater than 1 -inch shall be tack -coated and filled with hot asphalt concrete, rolled flush, and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 3024 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Prior to beginning slurry seal operations, the Contractor shall furnish current licensed weighmaster's certificates indicating the net weight capacity of the aggregate bin of each slurry mixer. Except for partial loads to complete a day's schedule, or for patching, each mixer shall be filled to its rated capacity and the Engineer and the Contractor shall keep a daily count of the number of loads and/or partial loads applied to the streets by each slurry mixer. Each aggregate bin shall have permanent calibration marks in maximum increments of 2 tons. Each slurry crew shall be composed of a coordinator at the Project site at all times, a competent quick -set mixing operator, a competent driver, and sufficient laborers for any handwork, cleanup, and barricading. Slurry shall not be applied prior to 8:00 a.m. and shall not be applied after 1:00 p.m., unless approved by the Engineer. Approval of application after 1:00 p.m. will only be for the purpose of completing the section of Work that is underway. Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. i In case of damage caused by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged Work at the Contractor's expense and no additional compensation shall be made by the City. Upon completion of the day's slurry seal, streets and parking lots shall be temporarily striped within 24 hours. All Stop Bars shall be temporarily striped on the same day before the street is reopened to traffic. Final striping and marking shall be installed no more than ten (10) Working Days after placement of slurry seal. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-5.1 General. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Leveling course longitudinal joints shall be offset at least two (2) feet from a lane. Level course longitudinal joints and finish course longitudinal joints shall not be located along the same line. Leveling course transverse joints and finish course transverse joints shall be offset approximately five (5) feet from each other, except at the project paving limits. Localized Pavement Removals & Patching Operations — In areas designated for localized pavement removal and replacement, all such AC removals shall occur AFTER the initial pavement grinding operations have been conducted and a site review has been made with the City to verify the final limits of required removal and replacement. Contractor shall be required to coordinate such efforts with the City Inspector and to plan accordingly to ensure the required construction phasing requirements are met. Final AC base paving shall be placed and compacted on areas of Localized Patching on the same day as its removal and shall be installed in a single 4 inch lift. 302-5.4 Tack Coat The contact surfaces of all cold pavement joints, curbs, gutters, etc. shall be painted with Grade SS -1 h emulsified asphalt immediately before the adjoining A.C. pavement is placed. Additionally, tack coat shall be applied to all cold milled surfaces and all paving joints (not just cold joints). It shall be applied between base and surface courses when the surface course is not placed immediately after the base course, and to existing horizontal and vertical concrete surfaces against which paved surfaces where new asphalt concrete overlaps or abuts existing pavement. Tack coat shall be applied with complete and uniform coverage and shall not be over sprayed onto adjacent pavement when applying. 302-5.6 Rolling Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint 302-5.8.1 Adjustment of Water Valve Covers. Existing valve covers shall be adjusted to grade by the Contractor per City of Seal Beach Public Works Department Standards and Specifications for water valve construction. Water valves shall be protected in place and shall be accessible at all times during construction. 0 The Contractor shall notify the City Public Works Department — Water Division forty-eight (48) hours prior to the beginning of work. Removals The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate Bid items. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse and the Contractor's expense. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. Improvements removed without prior approval of the Engineer are subject to replacement at the Contractor's cost. Sidewalks to be removed to nearest score line or joint. ASPHALT CONCRETE PAVEMENT Asphalt pavement shall be removed to neatly sawed edges as required by the Engineer. Saw cuts shall be full depth. Where only the surface of existing asphalt pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where asphalt pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials. Signing & Stripinq Pavement markers shall comply with Section 81-3, "Pavement Markers", of the 2018 Caltrans Standard Specifications (Caltrans) and the CA MUTCD (Latest Edition). Glass beads, paint for striping and pavement markings, and thermoplastic material shall comply with Section 84, "Markings", of the 2018 Caltrans Standard Specifications (Caltrans) and the CA MUTCD (Latest Edition). Temporary striping shall be Rapid Dry paint. Final striping material will be determined by the City. The Contractor shall include all costs associated with the restoration of disturbed signing and striping in the appropriate Bid items. Traffic Control The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. All Contactor employees shall have access to and are well - versed with the use of the W.A.T.C.H manual (Work Area Traffic Control Handbook) at all times. Personnel, 10 vehicles, equipment, etc. shall be properly outfitted/equipped for the Work being performed. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Contractor shall include cost associated with traffic control in the appropriate Bid item. NPDES Regulations The Contractor shall comply with all City, and applicable regulatory agency, regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain system or bodies of water. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor shall conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. Protection of Existing Utilities The Contractor shall take all due precautionary measures to protect all existing utilities. When necessary, the Contractor shall have all utilities located by the responsible agency at least 48 -hours prior to commencing any excavation or utility impacting work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA) (800)-422-4133. Protection from Damage The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. Withholding of Payment In the event that deficiencies in the Work or non-compliance with applicable standards are determined by the City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. Deductions from the monthly payment due for Work not performed will be based upon the bid worksheets, which are to be submitted at the time of bid plus mark-up. 11 IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ileea-sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by February 8, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline • Contractor Interview (if conducted) • Contract Award by City Council • Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 1/19/2021 2/8/2021 2/15/2021, 2:OOp.m. March 2021 April 2021 April 2021 Proposals are due by 2:00 PM on February 15, 2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ileea-sealbeachca.pov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection 12 under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. 13 �2W • Project outcome • Construction value • Dates • Client project manager name, valid telephone number, and email Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request. Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. The Method of Payment of the Contract will be Time and Material. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE AND COST PROPOSAL In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following: 1. Compensation for services, and any optional tasks, provided will be on a time -and -materials. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 3. The Contractor's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any expenses and sub - Contractors. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranked Contractor, if necessary. 14 VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. s" r 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (35 points) a. Local Presence - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Experience working in a coastal community and urban environment. d. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. e. Quality of references from at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years. 3. Organization & Approach (35 points) a. Contractor's understanding of range of possible emergency and unexpected Work. b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and/or non -emergency Work. c. Contractor's availability to complete both small and large scale projects without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or forma quality sub -contracting 15 team. e. Contractor's understanding of the nature of public sector work and its decision-making process. 4. Fee (30 points) a. Cost proposal b. Quality of sample letter proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to supply a list of sub -contractors, if applicable. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 16 r i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. m. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. n. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply laborers with the necessary skills to perform duties in connection with pavement marking maintenance. c. Licenses Contractor shall possess a valid Contractor's "A" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the asphalt pavement industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner 17 EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. b. Maintenance All equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. c. Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the Work. The foreman, or contractor representative, shall check with the City weekly as to (1) schedule of Work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. The foreman shall be onsite while work is in progress. Foremen shall have a minimum of five (5) years of experience in the asphalt pavement field. TELEPHONE, ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor 18 shall not be more than four (4) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 19 *f e a &5 V P�ftoiaiqez Wgi �*s execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal. 20 EXHIBIT B Contractor's Proposal Department of Public Works February 8, 2021 Addendum No. 1 On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services Attention all Interested Parties: As the City of Seal Beach will be closed on February 15, 2021 in observance of Presidents' Day, proposals in response to the On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services Request for Proposals shall be received by 2:00 p.m. on Tuesday, February 16, 2021. END OF ADDENDUM By order of the City of Seal Beach, Engineering Division Date Attachments None 2/16/2021 PlanetBids Vendor Portal Addenda Feb 08, 2021 1 Addendum No, 1 Proposals shall be received by 2:OOpm on Tuesday, February 16, 2021 due to City of Seal Beach being closed on Monday, February 15, 2021 in observance of Presidents' Day On -Call Asphalt Addendum No 1 (2-8-21).pdf Feb 11, 2021 1.5 Addendum No. 1.5 Changed Bid Due date on Bid page to match Addendum No.1 Email History None https://pbsystem.planetbids.com/portal/39491/bo/bo-detail/79618#bidAddendaAndEmaiIs 1!1 City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services RFP responses to be received until 2:00 P.M., February 15, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: January 19, 2021 ardy & Harper, Inc. Auuiug 04mam 72 RANCHO aRCLE LAKE FOREST. CA 92630 (711)116-1651 FAX (714)4".2801 STATE LIC. NO. 21SM D1R NO. 1000000076 COVER LETTER SUMMARY OF PROPOSAL: + Hardy & Harper's RFP is intended to provide solutions by an on needed basis per cities request. • Hardy & Harper commits to completing proposed work in a timely manner. • Hardy & Harper intends upon award to partner with the City of Seal Beach to help and strategically identify areas of concern and create plans of action. AUTHORIZED REPRESENTITIVES: Dan T. Maas — President, Chief Financial Officer Michael Murray —Vice President Tanner Hambright — Vice President Kristen S. Paulino — Corporate Secretary Christiana Cook — Estimator Tina Pham — Project Manager Victor Correa — Superintendent Page 1 ardy & Harper, Inc. 3z RANcr10 aRCLE LAKE FOREST, G 92630 (714) iu-ISS1 FAX (714) 4b-2901 b. STATE LIG NO, 215952 DIR NO. I D00000076 COMPANY QUALIFICATIONS Hardy & Harper, Inc., an engineering and paving contractor is proud to acknowledge that 2021 is our 75th year of service to counties, municipalities, school districts and other public institutions in the greater Southern California area. The firm maintains a contractor's license in. classes A, C-8 and C-12. Our Contractor's License number is 215952. The company was originally located at 1312 E. Warner Ave. Santa Ana, California 92705. This site is located in central Orange County. It is located within easy access to four major freeways that traverse Santa Ana, California. The Santa Ana (1-5) Freeway runs northwest to southwest through the northern portion of the city; the Costa Mesa (55) Freeway runs north to southwest along the city's eastern border; the Garden Grove (22) Freeway runs east to west along the city's northern border; the San Diego (1-405), runs east to west approximately on mile south of our location. See Area Description attached. Our specific business location consists of 3.7 acres. There are 3,862 square feet of office space for administration and 11,072 square feet of warehouse space devoted to fleet maintenance. The remainder of the site is ut lized for vehicle and equipment storage as well as material inventory. Hardy & Harper, Inc. has now found its new home at 32 Rancho Circle. Lake Forest, California 92630. 'or 75 years Hardy & Harper Inc. has been providing service to municipalities, school districts, homeowner's associations and private builders. Our expertise and services include: asphalt paving, asphalt overlay, pothole patching, grading, slurry and striping, hauling, demolition, concrete, concrete grinding, trip hazard repa r, sidewalk grinding, emergency cleanup, and emergency repairs. Through a bargaining agreement with the AGC of Southern California we have signed Master Labor Agreements with the Construction Laborers, Operating Engineers, and Cement Masons. There are currently seventy (90) full time union employees with our firm in communication with our dispatcher through our cell phone network. We employ two mechanics and one senior mechanic to maintain our fleet of vehicles and heavy machinery. We have a salary staff of approximately 20 people that include, superintendents, project managers, and office administrators, clerical and accounting personnel. Our firm uses a state-of-the-art accounting system called Master Builder to accumulate costs by job and client. The system is also utilized for payroll and certified payroll reporting. METHODOLOGY AND SCOPE OF WORK A significant segment of our business is devoted to city, and county asphalt & concrete maintenance. We have had the County of Orange asphalt maintenance contract for the past 15 years. We have held the City of Mission Viejo asphalt maintenance contract for 15 years, and we have held the City of Palos Verdes asphalt & concrete contract for the ardy & Harper, Inc. A OtA4am 32 RAKHo aRcu LAKE FOREST, [A 92630 (714) 4M•16s1 FAX (!,.)14{.260, STATE LIC. No. 21 S9s2 aR NO. 1000CM74 past 20 years. With two (2) men maintenance crew to daily perform all right of way work required. We have three grinding crews, three concrete crews, and five asphalt patch crews currently available serving our existing city and county maintenance clients. These crews were developed to act as "total quality quick response units" These crews have been developed and implemented as a tool to enhance performance, production, and quality in the field under the supervision of Mike Morgan, our Superintendent of City Maintenance. Having crews in these specialties devoted to city maintenance working together with standardized procedures and an integrated team approach promotes a nigh 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 at other cities all over Southern California. These crews excel at city maintenance because city maintenance is all that they do. ORGANIZATION AND PROJECT TEAM The following is a brief description of our key personnel. Dan T. Maas is our President and Chief Financial Officer. He has 20 years of experience in the industry and he is currently a member of the AGC Orange County Chapter board. Micnael Murray is our Vice President and has 3 years w;th the firm as a Senior Officer, Chief Estimator and Coordinator. Kristen Paulino, is the Director of Accounting and Secretary of the firm. She has been with the firm for 25 years and overseas accounting and administration. Christiana Cook is an Estimator with over 10 years of experience in the industry and is currently bidding all maintenance work. Tina Pham is a Project Manager with over nine years of experience in the industry. She has been with Hardy & Harper Inc., for nine years and currently manages the public works projects for the firm. Victor Correa, City Maintenance Superintendent, has 20 years of industry experience and oversees all maintenance contract service. Tina Pham will be your Project Manager. She will direct Victor Correa and the foremen and leadmen that supervise the crews assigned to city maintenance. The number of crews available at any time fluctuates depending on demand but currently we have three grinding crews, three concrete crews, and five asphalt patch crews allocated to city maintenance. Hardy & Harper 32 Rancho Circle Lake Forest, Ca. 92630 714 444-1851 Employee# 100050 to 900901, Status 1 to 1 Emp# Name 100450 TANNER M HAMBRIGHT 10OS30 GARETT A KING 100550 Steven M Kirschner 100560 MICHAEL L LEWIS 100628 Dan T Maas 100700 JOHN R MAC FARLANE 100702 MEGAN E MANLOVE 100750 MICHAEL 1 MURRAY 100845 TINA PHAM 200126 ASHLIE E BLANCHARD 200150 JULIANA L COX 200195 CARLOS F ESTRADA LIZARDO 200254 VANESSA GARCIA 200275 KIM K GONTHIER 200380 CHRISTOPHER S ICAMEN 200625 JO -ANN LYONS 200626 CAROLEE MAAS 200701 TESSA MAAS 200705 DAVID A MCCORMICK 200735 ALEX MURO 200800 Kristen S Paulino 200854 HENNESEY ROJAS 200856 MARIA G ROCHA MAGANA 200877 BERNADETTE M VARGAS 300630 FRED T MAAS, JR. 400100 MARK S ALLEN 400300 JESUS J DE LA ROSA SORIA 400317 MICHAEL GARCIA 400319 DYLAN A LANDERO 400320 ROMAN D LANDERO 400498 JULIEN D MAZZONE 500077 JUAN D ALVARADO 500098 JESUS 0 CERDA ARIAS 500104 BLAS OROZCO AYALA 500105 CLEMENTE AZPEITIA 500117 RIGOBERTO BOLANOS 500143 DEREK 1 BURTON 500145 JORGE A CAMBEROS 500167 BAUDELIO C COLON 500168 FRANK CHAVEZ Status Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current Current 07/23/19 50018S Roberto R Cortes Current 500190 GERARDO 1 CRESPO Current 500220 OSWALDO DEL RIO MEZA Current 500227 FRANCISCO J DIAZ Current 500230 BOBBY A DOMINGUEZ Current 500254 EVERARDO B CHAVEZ Current 500264 MARIO R ESTRADA Current 500275 HERIBERTO FERNANDEZ Current 500320 KEITH E FORDHAM Current 500337 TIMOSTHY S GADDIS Current 500338 RICARDO CAZARES GALENO Current 500341 DANIEL D GAMBOA Current 500345 ALEJANDRO F GARCIA Current 500355 JOHN F GARCIA Current 500357 NESTOR A GARCIA Current 500373 JORGE L GONZALEZ Current 500386 FRANCISCO GUILLEN Current 500402 FRANCISCO HAROS Current 500417 Daniel Herrera Current 500485 FABIAN D JUAREZ Current 500579 ROBERTO F LOPEZ Current 500580 Angel V Lopez Current 500582 Antonio Lopez Current 500590 Jorge A Lopez Current 500592 JORGE L LOPEZ Current 500593 NIBARDO LOPEZ GUILLEN Current 500595 Jose Antonio Lopez Current 500598 JOSE G LOPEZ Current 500605 LUIS BEDOY MAGANA Current 500607 EDGAR MARTINEZ Current 500614 SIGFREDO G LOPEZ Current 500624 HUMBERTO MESTAS Current 500671 LUIS A MONTESINOS Current 500673 Jose L Mora Current 500680 SALVADOR L MONTOYA-LEON Current 500715 ARTURO NAVA Current 500748 OMAR ALBA ORTIZ Current 500751 LUIS A OLMOS Current 500756 WILLIAM ORTIZ Current 500761 Frank Perez Current 500763 RAMON PEREDO Current 500764 RUBEN A PEDROZA JR. Current 500774 FRANCISCO PICAZO Current 500776 DILAN J PLASCH Current 500777 URBANO M PRECIADO ALBARRAN Current 500778 RODOLFO PINEDA Current 500850 RICKY J POHL Current 500890 CRISTOBAL TORRES RAMIREZ Current 500891 JOSE R REYES Current 500897 IRVING A REYES Current 500909 VICTOR A RIVERA Current 500910 Jose E Rivas Current 500911 JOSE E RIVAS Current 500913 VICTOR M RIVAS 1R. Current 500914 Sebastian Rivas Current 500918 ALFONSO RIVERA Current 500923 MARIO SANDOVAL, JR. Current 500925 Juan C Santillano Current 500936 ELIAS S SANCHEZ Current 500937 RYAN A SCHAEFER Current 500938 JAMES L SLATER III Current 500939 BENNY SALDIVAR JR Current 500940 LUIS M VILLA SOSA Current 500941 JONATHON SEDENO Current 500942 MICHAEL 0 SANCHEZ Current 500943 NATHAN R SPARTAGE Current 500944 GUSTAVO SAUCEDO Current 500948 MATTHEW S TAIAN Current 500952 JORGE A TENORIO Current 501120 ALFREDO UGARTE JR Current 501148 BRIAN B VARGAS Current 501149 BACILIO R VASQUEZ Current 501160 JOSE L VAZQUEZ GLORIA Current 501162 Michael J Vasquez Current 501170 LUIS M VILLA Current 501180 LALO VIRAMONTES Current 501184 MATTHEW A WEBSTER Current 501199 JOSE L ZAVALA Current 530425 BENITO HERNANDEZ Current 600003 THEODORE J ADAMS Current 600025 FERNANDO APODACA Current 600027 SANTIAGO G AVILES Current 600036 LUCIO F BARRIOS Current 600044 MANUEL BELTRAN Current 600046 ALBERTO BLANCAS Current 600087 JOE D CASTELLANO Current 600096 NOE J CHAVEZ Current 600188 ROBERT L DAWSON Current 600215 DO NOT USE DO NOT USE Current 600290 JESSE FELIX Current 600330 Matthew A Flores Current 600358 JESUS A GARCIA Current 600360 Salvador B Garcia Current 600364 JOHN D GODINHO Current 600375 ANDREW V GUTIERREZ Current 600407 HENRY L HERNANDEZ Current 600409 LOUIE J HERNANDEZ Current 600413 DAVID C HUITRON Current 600416 DONNY L HIBBITTS Current 600449 JUSTIN W KINZLE Current 600500 RONALD W LONGTINE Current 600570 BRIAN P LEGRAND Current 600574 ANTONIO G LEMUSJR. Current 600575 Edward Lemus Current 600582 BRANDON M LOCKE Current 600592 SEAN M MERRICK Current 600593 ANTONIO MANCILLAS Current 600594 JORDAN MARTIN Current 600667 JACK W MORGAN Current 600670 LANCE MONTGOMERY Current 600760 Juan R Olmos Current 600762 ROMAN 0 ORTIZ Current 600764 BELIZARIO ORTEGA Current 600779 JASON J PLASCH Current 600803 EDWARD RAMIREZ Current 600815 FELIPE REYES Current 600955 JESUS A SALDANA Current 600957 EFRAIN SALINAS Current 600960 BRIAN R SAMPSON Current 600970 HECTOR SANCHEZ Current 600982 WAYNE T STONE Current 601146 LAWRENCE P VALDEZ Current 601155 JOSE G VARGAS Current 601185 BRANDON WATSON Current 601187 CALVIN D WILSON Current 601189 BLAKE T WOOD Current 601190 GERALDO A ZAMORA Current 601195 YSIDRO C ZAVALA Current 700045 HUGO AGUILAR Current 700090 GABINO MACIAS ANDRADE Current 700098 ARISTEO JAIME MARTINEZ Current 700185 RUBEN M CALDERA Current 700200 ALBERT R CANTU Current 700209 ARTURO J CARDENAS Current 700213 JOSE L CELTS Current 700305 CARLOS FIGUEROA Current 700350 JOSE A LOPEZ GARCIA Current 700360 ROGELIO GIL RAMIREZ Current 700363 ROY GOMEZJR. Current 700369 JAVIER GONZALES HERNANDEZ Current 700372 J JESUS CORONA GONZALEZ Current 700376 JOSE 1 GONZALEZ-HERNANDEZ Current 700378 LUIS M GONZALES Current 700380 MARTIN G GONZALEZ Current 700382 ALEJANDRO CASTRO HERNANDEZ Current 700387 JOSE A HERNANDEZ Current 700393 CESAR LOPEZ GUILLEN Current 700394 RAUL OROZCOIBARRA Current 700396 CESAR V LOPEZ Current 700397 FRANCISCO A LOPEZ Current 700445 JESUS LOPEZ VALENCIA Current 700450 Jorge Z Lopez Current 700499 JOSE M LOPEZ Current 700512 JUAN C LOPEZ Current 700596 SALVADOR G LOPEZ Current 700600 RAFAEL LOPEZ Current 700605 SIMON LOPEZ Current 700636 CARLOS P MARTINEZ Current 700639 JUAN J MARTINEZ Current 700641 SALVADOR D MARTINEZ Current 700650 CARLOS MONTOYA Current 700662 MARCO A MORALES Current 700665 Marcelino Morales Current 700670 JOSE R NAVARRO Current 700744 RUBEN H PEDROZA SR. Current 700746 RUBEN A PEDROZA JR. Current 700754 EDUARDO RAYMUNDO-MORALES Current 700755 ALFONZO QUIROZ Current 700769 GARY SAVALA Current 700770 Miguel Serrato-Sanchez Current 700771 ISMAEL RIVAS Current 700785 Filemon Tinajero Current 700841 DIEGO VALENCIA Current 700848 JOSE G LOPEZ-VELAZQUEZ Current 700850 GILBERTO VIICHIS Current 700853 MANUEL R VILLA Current 700855 ROBERT R VILLA Current 700950 Daniel J Zuniga Current 900120 Dennis E Beyle Current 900236 JUSTIN L DOOLEY Current 900599 MICHAEL A AMUNDSON Current Report 5-1-1-21 Report 5-1-1.13 JO -ANN Page 1 12/19/2016 01:38 PM Employee List -Hire Date Term Date Race Gender Zip Code HARDY & HARPER, INC. 12/19/16 Employee List -Hire Date Term Date Race Gender Zip Code EM&Y@@# 500096 to 700900. Slates f to 1 Empil Name Zip Code Position Status Hire Date Termination Date Gender Rs 500096 JESUS O ARIAS 500117 RIG BOI111VOS 92704 3100 CL -JM Group I Current 06!032013 1 500125 UCIO F BARRIOS L BA 90806 3100 CL -JM Group I Current 0912712012 1 500129 BLANCAS 90680 3100 CL -JM Group I Current 06!1812012 1 500145 JORGE A ORGE A CAMBEROS 90521 3400 CL -JM Group N Current 0921/2015 1 500150 TYLER D CAMPBELL 92627 3960 CL -Apprentice 61h Current 12 2M14 1 500162 ISRAEL M CHAGOLLA 92648 3200 CL -JM Group It Current 06222016 1 500168 FRANK CHAVEZ 92404 3940 CL-Apprenk* 4th Current 1010512010 1 500169 CHAVEZ 92337 3100 CL -JM Group I Current 0128/2013 1 NRIQ 500170 ENRIQUE F CONTRERA$ 92833 3100 CL -JM Group I Current 081152016 1 500185 Roberto R Cortez 92411 3400 CL -JM Group IV Current 08/1712016 1 500227 FRANCISCO J 92805 3100 CL -JM Group I Current 082001 1 500235 JONATHAN A OO 91752 3100 CL -JM Group I Current 07!182016 1 590236 JUSTIN L Ot)OLEY EY 92407 3000 CL -Foreman m Current 06103/2016 1 500255 NOE J CHAVEZ 92407 24000 Superintendent Current 11103/2011 1 500320 KEITH E FORDHAM 92530 3400 CL -JM Group IV Current 07/05/2005 1 500344 ALFREDO S GARCIA 92688 3100 CL -JM Group 1 Current 04/082013 1 500345 ALEJANDRO F GARCIA 92345 3400 CL -JM Group IV Current 09/022016 1 500351 JESUS A GARCIA 92555 3400 CL -JM Group IV Current 09!182009 1 500354 JOSE L GARCIA OROPEZA 92703 3100 CL -JM Group I Current 01!172005 1 500380 CORY M DEHOOG 92707 3910 CL -Apprentice 1 s Current 08222016 1 500388 FRANCISCO GUILLEN 92223 3100 CL -JM Group I Current 05212010 1 500485 FABIAN 0 JUAREZ 82866 3980 CL Apprsntics 6M Current 06/02/2016 1 500575 ANTONIO G LEMUS JR. 92337 3200 CL -JM Group t1 Current 071072006 1 92530 3100 CL -JM Group I Current 02/012013 1 Report 5-1-1.13 JO -ANN Page 1 12/19/2016 01:38 PM C -;D O(D O O O � N � g g coNN NN00 QVNCD VW O A N v j NV !O S Ov O00NW NN Cn N N D-0 o 0A Woc)oO O CL z 0 u, 0', N gV$(7 mmo 0 NQpqqW N CD A W W W W W W S O O N O N o 0 cDnz NO O$Vo 0 0 O S $SSS Q N So Oi o 8 g CnNA Q(AUlN j WO C.N! p _ VO DO0V0- tA VS o S <° m O t ;D m 1- 7 to G) G) G) G) o G) G7 G7 m b a o (n L L L L �. O o G) S' � 'S � CD N 0 co CA o 0' o m o Z 3 � � 3 � rD G1 � G) m Q G) G) b z Cl) Or m D D o(n a w m O< m� C m r W D L7 -� co C- C a b 0n j C C C C 3 O O O O O O O r m m cn m n O '='_ Z �n m m ro� m m K r y A H a v Q y o x r 2 00 O om 3 m- B < �r < m N fu m b Q G� m O z Z D> D D r° a m D ro C C C C C C C ono C 0 0 0 n 0 n czn < D << D j Co') � w y A D A �p X _O r m° G) D D Q � .� A r N Z n z a]< D z D c m o m Cn M (STI m r-0 m m -t N Q C"% 3 ° (� Cn r 7 r. X y CO m° m z n N° ti -< Om cn m cn 0 O G) y Dpi - i � M a M N 0) CA C �' m m m D ►V N m O r� �. p p 0 O r N D NQ D p A v° N C- � N 0 D mo N Z N Cn Cn Q� ?o co N toto co O O O � N � g g coNN NN00 QVNCD VW O A N v j NV !O S Ov O00NW NN Cn N N A N0WOS N L',O Cl) VNOO 0A Woc)oO O CL NN W C07� N^ NQpqqW N CD A W W W W W W S O O N O N o 0 O O O ppW O O OO O O CCO SO0 Q 0 C)0C7 O O OJ Orrr r (p C) 0_00 N N "r S' S-. o b 3 a �` A -n L L L r- 0 N N O G) G) G) G) o G) G7 G7 m b a o (n L L L L �. O o G) S' � 'S � N 0' o m o Z 3 � � 3 � rD G1 � G) m Q G) G) b 0 V l a b 0n j C C C C 3 O O O O O O S _O (D _O _� O O N N N Nt-j < 0 0 0 0 000 C C C C C C C ono C 0 0 0 n 0 n (--D 0 0 7 7 O A Con cn N m � 0 m z n� 3 M o 3 7 c o CL m (D C7 cn S CD O m N -I fD 3 0 n� X v ca C) m Q CD N a' C) 0 Q. O O O � N � g g _ O O CD ..a 000 O O O O O NN W C07� N^ N ' v ►.�� O N O N o 0 O O O W N C0h 0_00 N O Q N N O A N S _O (D _O _� O O N N N Nt-j O to co O O L7 O A Con cn N m 0 0 0) CA CA Cn A A N COD 00 Cn N A A p0 00 p p 0 O ON a O d Cn Cn Q� W co ID 7 d Q +1 R J Q N r r a 1 r r — �+ .-+ 1 3 Q .i 3 J r m z n� 3 M o 3 7 c o CL m (D C7 cn S CD O m N -I fD 3 0 n� X v ca C) m Q CD N a' C) 0 Q. Employee List -Hire Date Term Date Race Gender Zip Code Continued... Empg Name Zip Code Position 12/19/16 Status Hire Data Termination Date Gender Ra 600037 AODAE T BARRIS 600045 92374 17910 OE -Apprentice I Current 09/152018 JAVIER BLANCAS 800075 MATTHEW J CAMPBELL 90621 17400 OE -JM Grp N Curren! O&W2012 1 1 800093 ELIZABETH CASTRO 92586 17930 OE -Apprentice III Current 101042016 1 600100 WILLIAM L CLARK 92407 17600 OE -JIM Grp VIII Current 09262018 2 600188 ROBERT L DAWSON 92585 17600 OE -JM Grp VI Current 05/182010 1 600195 RAUL DOMINGUEZ 91788 17000 OE -Foreman Curren! 08/272013 1 800380 Salvador 8 Garcia 91730 17600 OE -JM Grp vt Current 04252016 1 600364 JOHN D GODINHO 92704 17600 OE -JM Grp VI Current 02/01/1994 1 600365 ANTHONY GONZALEZ906 91710 17800 OE -JM Grp Vlll Current 04262010 1 600387 TED D GOODWIN JR, 50 17800 OE -JM Grp VI Current 09/012018 i 600372 JOSE L GOINT 92307 17000 OE -Foreman Current 07/052011 091042015 1 600375 ANDREW V GUTIERREZ 90605 17400 OE -JM Grp IV Current 09!012016 1 600413 C HUFR 82530 17400 OE -JM Grp IV Current 10202015 1 BRIANDAVID 800570 BRUIN P LEGRAND LEGN 90723 17400 OE -JM Grp IV Current 041092009 1 60057504/04/1995 Edward Laqemur 92647 176OE-JM Grp VI 0000 Current 04/052016 1 600576 John T L 92530 178OE-JM Grp Vt Cu rrent 1 800830 W11LLU>M J MOAT 92686 17800 OE -JM Grp Vlll Current 11/131.2015 1 600760 Juan R Oknos 91730 17800 OE -JM Grp VIII Current 10/11/2018 1 600815FEUPE REYES 92376 17600 OE -JM Grp VI Current 05/212003 1 600821 MICHELLE L ROCHA 92503 17600 OEJGrp VI Current 03/11 2015M 1 600940 STEVE 0 SALAZAR 92503 17600 OE -JM Grp VI Current 091222016 2 600955 JESUS A SALDANA 92359 17400 OE -JM Grp IV Current 05/172016 1 600960 BRIAN R SAMPSON 92407 17400 OE -JM Grp IV Current 09/172009 1 600870 HECTOR SANCHEZ 92591 17400 OE -JM Grp IV Current 08/132008 1 60 1155 JOSE G VARGAS 91708 17800 OE -JM Grp VI Current 07202006 1 801185 BRANDON WATSON 92705 17400 OE -JM Grp IV Curren! pg�On00,1 1 601187 CALVIN D WILSON 92307 17600 OE -JM Grp VI Current 082512014 1 601190 GERALOO A ZAMORA 92335 17000 OE -Foreman Current 10/102016 Z 70W55 JOSE L SALTO 92509 17600 OE -JM Grp VIII Current 02/012011 1 92509 9100 CM-Joumeyman Current 08/182016 1 Report 5-1-1-19 JO -ANN Page 3 12/1912016 01:38 PM Employee List -Hire Date Term Date Race Gender Zip Code Continued... 12/19/16 Emp* Name ZIP Code Position Status Min Data Tennkmi on Daft Gender Re 700130 FRANCISCO J BARBA 700200 ALBERT R CANTU 92780 9100 CM -Journeyman Current 10/17/2016 700275 VINCENT C ESCOBEDO 92703 9100 CM Current 0?R18/Z010 1 700369 JAVIER GONZALES 92704 -ourneyman 9100 CM,Jourreyman Current 09/1312012 1 700372 J JESUS CORONA GONZALEZ 92583 82555 9100 CM Journeyman Current 011109=161 1 700376 JOSE J GONZALEZ-HERNANDFI 9100 CM -Journeyman Current 05/2 1120 1 5 700380 MARTIN G GONZALEZ 92583 9100 CM-Joumeymar Current 08/09/2016 1 700450 Jaye Z Lopez 91761 9100 CM -Journeyman Current 02/24/2010 1 700499 JOSE M LOPEZ 92551 9100 CM -Journeyman Current 07222014 1 700512 JUAN C LOPEZ 92703 9100 CM -Journeyman Current 0 2/052007 1 700535 MANUEL L LOPEZ 92701 9100 CM -Journeyman Current 07/182016 t 700M SALVADOR G LOPEZ 91752 9100 CM -Journeyman Current 10/172016 1 700800 RAFAEL LOPEZ 92705 9100 CM -Journeyman Current 041192005 1 700637 ABt)ON C MAR1N 92705 9100 CM -Journeyman Current 03292018 1 700641 SALVADOR 0 MARTINEZ 92543 9100 CM-,lourneyman Current 08/01/2016 1 7 1 .JESUS R MURATALLA 92883 9100 CM -J 0umeyrnan Current 05/0512015 1 700862MARCO A MORALES 92551 9100 CM -Journeyman Current 08/03/2016 1 700665 Marcekw Moreletl 82404 9100 CM Journeyman Current 08/012018 1 700870 JOSE R NAVARRO 92585 9100 CM-Joum semen Current 051212003 1 700748 JERAR00 PALAFOX-CORONA 92553 9100 CM -Journeyman Current 06AW012 1 70077092543 Miguel Sercato,Sanchez 9100 C ��� Current 08118/2018 1 700785 Filemon TlnaWo 92702 9100 CM -Journeyman Current 07/18/2014 1 1 700848 JOSE G LOPEZ-VELAZOUEZ 91744 9100 CM -Journeyman Current 10/302013 82704 9100 CM -Journeyman Current1 07282018 11/1512016 1 Report 5.1-1.19 JO -ANN Page 4 of 4 12/192016 01;38 PM ardy & Harper, Inc. A" CONA"'r," 52 RANCHO CIRCLE LAKE FOREST, G 12650 (714)"4-1851 FAX (712) 444-2601 STATE LIC. NO. 2159S2 DIR NO. 1000000076 REFERENCES Please see the attached listed of References for Hardy & Harper, Inc. • Public Works References • Large Project References a Maintenance Contract References PUBLIC WORKS REFERENCES Attachment 2017/2019 Owner/Agency Contact Project (Amount & Completion Date) City of Jurupa Valley Mike Myers T.R.I.P Pavement Rehab. 8930 Limonite Ave (951) 332-6464 Phase I Juru a Valley, CA 92509 mm ers uru avalle .or $1,254,012.21 03/17 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive (949) 644-3340 Rehabilitation Newport Beach, CA 92660 ftran new ortbeachca. ov $2,142,045.66 3/17 City of Rancho Cucamonga Romeo M. David Red Hill Park Pedestrian Trail 10500 Civic Center Drive (909) 477-2740 Renovation Project Rancho Cucamonga, CA 91730 Romeo. David @cilyofrc.us $171,888.70 3/17 City of Signal Hill Anthony Caraveo Willow Street Improvement 2175 Cherry Ave (562) 989-7352 Project Signal Hill, CA 90755 acaraveoa@cityofsignalhill.org $922,100.43 6/17 City of Laguna Hills Frank Tran Arterial Pavement Mngmt. 24035 EI Toro Rd (949) 644-3340 Project Street Rehabilitation Laguna Hills ftranCcDnewportbeachca.gov $1,375,406.90 6/17 City of Highland John Egan West Highland Bikeways 27215 Base Line (909) 890-1255 Infrastructure & Pavement Imprv. Highland, CA 92346 a an erscinc.com $2,678,788.77 7/17 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza (949) 724-6000 Center Drive Bid No. 17-1160 Irvine, CA 92623 bbrown cit ofirvine.or $2,453,343.83 7/17 City of Pasadena Tony An Preventative Maintenance of 1 OD N. Garfield Ave (626) 744-7403 Street 2016 Pasadena CA 91109 Lanj2cibLof2asadena.net $945,932.59 8/17 City of Ontario Miguel Sotomayor ATP Cycle 1 Safe Routes to 303 East B Street (909) 395-2108 School Sidewalk Imprv. Ontario, CA 91764 msotoma or ontarioca. ov $824,850.88 10/17 City of Inglewood Hunter Nguyen Streets & Alleys Rehabilitation One Manchester Blvd (310) 412-5333 Project Inglewood, CA 90301 hhunter ci ofin lewood.or $2,639,330.06 11/17 PUBLIC WORKS REFERENCES Attachment 2017/2019 Owner/Agency Contact Project (Amount & Completion Date) City of Covina Chris Marcarello Grand Ave. Street 125 E. College (626) 384-5490 Rehabilitation Fed Project Covina, CA 91723 Pw(ftovinaca.gov NO.:STPL-5118(020) $3,030,000.00 5/18 City of Rancho Palos Verdes Ron Dragoo Residential St. Rehab. Project 30940 Hawthorn Blvd. (310)544-5252 Rancho Palos Verdes, CA 90275 kwolek lcf.ca. ov $2,227,000.00 5/18 City of Downey Edwin, Norris CIP No. 18-02 Residential St. 11111 Brookshire Ave. Downey, CA 90241 (562) 904-7110 enorris downe ca.or Pavement Rehab. Project $1,808,000.00 03/15 City of Dana point Matthew Sinacori Arterial Roadway Resurface & 33282 Golden Lantern Dana Point, Ca 92629 (949) 248-3500 msinacori lana int.or Pavement Preservation Project $3,993,000.00 1/18 City of Fountain Valley Fatana Temory Resurface & Rehab. Of Euclid 10200 Slater Ave. (714)593-4433 Street from Slater Ave. to Fountain Valley, CA 92708 fatana.Temo fountianvalle .or Warner ave. No. T1-271 $1,077,000.00 9/18 City of Pomona 505 South Garey Ave. Public Works (909)620-2261 Major Street Improvements Pomona, CA 91766 pVen ineerin ci. omona.ca.us $3,839,000.00 8/18 City of Lancaster Luis Garibay 2018 Sidewalk, Curb & Gutter 44933 Fern Ave. Lancaster, CA 93534 (661)723-6110 l arbiba ci oflancaster.or Repairs $1,976,000.00 12/18 City of Tustin 300 Centennial way Tustin CA 92780 Mario Medina (949)394-8955 mmedina tustinca.or FY 2017-18 Roadway Rehab. & Sidewalk Repair Project $1,575,125.00 10/18 City of Vernon 4305 S. Santa fe Ave. Vernon, CA 90058 Daniel Wall (323) 583-8811 x305 PublicWorksBids ci.vernon.ca.us Downey Road Improvements $2,584,000.00 1/17 City of Diamond Bar 21810 Copley Drive 1(909)839-7050 Jason Williams Residential &Collector Road Rehab. Project PUBLIC WORKS REFERENCES Attachment A 2017/2019 Diamond Bar, CA 91765 IMIliamsaa.diamondbarca.gov $1,551,000.00 12/1 Owner/Agency Contact Info Project Title, Amount & Completion Date City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street 714-536-5431 From Slater Ave to Warner Ave Huntington Beach, CA 92648ifuentes@surfcity-hb.org $644,000.00 9/2016 City of Cathedral City Bill Simmons Date Palm Dr & Cathedral Canyon 68-700 Avenida Lalo Guerrero 760-770-0340 Pavement Rehabilitation Cathedral City, CA 92234 bsimmons@cathedralcitv.rzov $939,000.00 11/2016 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Federick Street 951-413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henryn@moval.ore $383,000 12/2016 City of Chino Hills Fe Rama FY 2016-2017 Street Improvement 14000 City Center Drive 909-364-2600 Project Chino Hills, CA 91709 frama@chinohills.orgR $1,039,000.00 12/2016 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street 909-387-7920 San Bernardino, CA 92415 mebarnes@dpw.sbcountv.sov $2,405,020.32 1/2017 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive 949-644-3340 Rehabilitation Newport Beach, CA 92660 ftran@newportbeachca.gov $2,142,045.66 3/2017 County of Los Angeles Jose Pou 124th Street Et. Al 900 S Fremont Ave 626-458-2191 RDC0013372 Alhambra, CA 91803 #Pou@dvw.lacountv.aov $4,304,600.00 12/2014 City of Palos Verdes Estates Jack Rydell FY 14/15 Street Resurfacing 340 Palso Verdes Dr. West 310-378-0383 Project 14-07 Palos Verdes Estates, CA 90274 iackrydell@caaprofessionals.com Eddy Jan $1,187,987.00 12/2014 City of Tustin 2013-14 Roadway Rehabilitation 300 Centennial Way 714-573-3157 & Sidewalk Repair project Tustin, CA 92780 ilLnpandpen.com $1,491,543.00 12/2014 City of Pasadena Richard Yee Preventitive Maintenance Street 100 N. Garfield Ave 626-744-4643 Fed ID NO. STPL-5064(081) Pasadena, CA 92570 Richardvee@cityofpasadena.net Nick Mangkalakiri $1,518,231.24 8/2015 City of Cypress 2008/09 Overlay Project 5275 Orange Ave 714-229-6729 Cypress, CA 90630 n_mangkalakiri@cvpressca.ore $1,366,000.00 6/2009 City of Huntington Beach Eric Charlonne Rehabilitation of Center 2000 Main Street 714-536-5430 Magnolia & Springdale Huntington Beach, CA 92648 echarlonne@surfcity-hb.ore Frank Borges $2,393,000.00 8/2012 City of Laguna Niguel 10-11 Overlay & sub Drain 27791 La Paz Road 949-362-4325 Improvement Laguna Niguel, CA 92677 fborees( ci.laRuna-ni¢uel.ca.us Hal Goldenberg $1,573,000.00 4/2011 City of Desert Hot Springs 2012 Street Rehabilitation 65-950 Pierson Blvd 760-329-6411 Program Phase 2 Desert Hot Springs, CA 92240 hgoldenberg@citvofdhs,.org Chris Sunde $1,212,000.00 11/2012 City of Perris 2012 Grind & Overlay 101 N "D" Street 951-943-6504 Rehabilitation Perris, CA 92572 chris@trilakeconsultants.com $789,000.00 11/2012 City of Pasadena Elvin Jiang 2009 Resurfacing of Streets 100 N. Garfield Ave 626-744-6912 Pasadena, CA 92570 elviniiang@cityofPasadena.net $4,473,000.00 12/2010 City of Laguna Niguel Frank Borges Marina Hills Neighborhood 27791 La Paz Road 949-362-4325 Pavement Rehabilitation Project Laguna Niguel, CA 92677 fborges@ci.laguna-niguel.ca.us $3,738,000.00 5/2018 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street 951-961-5363 Riverside, CA 92501 tnguyen@dpw.sbcounty.Aov $1,305,000.00 4/2014 City of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd 714-548-3456 Westminster, CA 92683 tpham@westminster-ca.gov $1,116,920.00 3/2014 City of Riverside Steve Howard Arterial Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.gov $4,444,000.00 3/2014 City of Jurupa Valley Mike Myers TRIP Pavement Rehabilitation 8939 Limonite Ave 951-332-6464 Phase I Jurupa Valley, CA 92509 mmvers@iurupavalley.org $1,254,012.21 3/2017 City of Laguna Hills Kenneth H. Rosenfield Arterial Pavement Management 24035 El Toro Rd (949) 707-2655 Project Street Rehabilitation Laguna Hills, CA krosenfield@lagunahillsca.gov $1,275,406.90 5/2017 City of Highland John Egan West Highland Bikeways 27215 Base Line 909-890-1255 Infrastructure & Pavement Improv Highland, CA 92347 iegan@erscinc.com $2,678,788.77 7/2017 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza 949-724-6000 Center Drive Irvine, CA 92623 bbrown@cityofirvine.org $2,453,343.83 7/2017 City of Riverside Steve Howard Minor Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.Rov $1,543,000.00 4/2014 County of San Bernardino J.D Gayman San Bernardino Ave 825 East 3rd Street 909-387-7924 San Bernardino, CA 92415 Lgayman@dpw.sbcounty.gov $1,577,000.00 6/2014 City of Inglewood Hunter Nguyen Street & Alleys Rehabilitation One Manchester Blvd 310-412-5333 Project Inglewood, CA 90301 hhnter@citvofinglewood.org$2,639,330.06 11/2017 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway 949-362-4325 & Via Vetti Pavement Rehabilitation Laguna Niguel, CA 92677 fborges@ci.laguna-niguel.ca.us $1.226.861.00 9/2015 City of Norco Bill Thomas FY 2015-16 Annual Minor Street 2870 Clark Ave 951-735-3900 Rehabilitation Phase I Norco, CA 92860 bthomas@ci.norco.ca.us $777,000.00 10/2015 City of Simi Valley Fuad Shamout FY 2015-16 Annual Minor Street 2929 Tapo Canyon Road 805-318-0661 Rehabilitation Simi Valley, CA 93063 fshamout@simivalley.org $1,213,960.50 11/2015 City of Walnut Natalie Avila Area 1 & 2 Street Resurfacing 21201 La Puente Rd 909-594-9702 project (Walnut, CA 91789 Inavila@rkaaroup.com $1,076,200.00 11/2015 I Annual Maintenance Contracts Hardy & Harper, Inc. Owner/ Agency Contact Project of Diamond Bar Jorge Garcia Sidewalk, Curb & Gutter 5 E. Copley Dr j.garcla@diamondbarca.gov $500,000.00 ond Bar, CA 97765 FCity (909)983-7046 07/13-06/18 f Rancho Palos Ron Dragoo Annual Street s Hawthorne Blvd. rond@rpv.com (310)544-5252 Maintenance & Annual Slide Repairs Rancho Palos Verdes, $500,000.00 CA 90275 07/12-06/18 City of Yorba Linda Armondo Jaime Annual On -Call P.O. Box 87014 Yorba Linda, CA 92885 (714)961-7100 Unit Pricing per Project 07/12-06/18 City of Corona 735 Public Safety Way Dave Mundt dave.mundt@ci.corona.ca.us Annual Maintenance $500,000.00 Corona, CA 92880 (951)23-3537 07/12-06/18 City of Long Beach Water/Sewer Rachel Davis Annual Asphalt and Department (562)570-2393 Concrete Maintenance 1800 E. Wardlow Rd. $2,500,000.00 Long Beach, CA 90807 03/14-03/16 City of Anaheim 200 Anaheim Blvd. Greg Ortega (714)765-6935 Annual Master Service Anaheim, CA 92805 Agreement Unit Pricing per Project 07/10-06/15 Reza Mari Annual On -Call Asphalt City of Irvine rjafari@ci.irvine.ca.us Maintenance Services One Civic Center Plaza (949)724-7545 $639,141.00 P.O. Box 19575 06/12-06/15 Irvine, CA 92623 MCE Corporation Karan Healy Annual Asphalt City of Bell khealy@mce-corp.com Maintenance Contract 6515 Trinity Court (925)803-4111 06/13-07/15 Dublin, CA 94568 City of Bell dresendez@cityofbell.com City of Mission Viejo Chris Robinson Asphalt/ Concrete 200 Civic Center (949)795-8483 Repairs Mission Viejo, CA 92691 $598,600.00 City of San Juan Juan Camacho Asphalt/ Crack Seal/ Capistrano (949)493-1171 Seal Coat Maintenance 32400 Paseo Adelanto and Repairs San Juan Capistrano, $1,053,500.00 CA 92675 06/11-06/15 City of Temecula Matt Weichec Paving Maintenance i 43200 Business Park matt.weichec@cityoftemecula.org Services Drive (951)694-6444 $400,000.00 Temecula, CA 92589 07/12-06/16 City of Torrance Davina Buenavista Citywide Sidewalk 20500 Madrona (310) 618-3057 Ramping & Grinding Torrance, CA 90503 Program $109,940.00 2014-2015 CONTRACTORS C�Cc'"3 STATE LICENSE BOARD --�---- ^-- ACTIVE UCENSE 0 �.� 215952 e- CORP �..,... HARDY & HARPER INC A C -B C12 F-.,, 12131/2021 www.cslb ca gov hi 7/29/2020 Contractor Information https://cadi r.secure.force.comIContractorSearch/PrintRegDetails Legal Entity Name HARDY & HARPER, INC. Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 7/1/2020 Registration expiration date 6/30/2021 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United 5... Physical Address 32 Rancho Circle Lake Forest 92630 CA United 5... Email Address Trade Name/DBA License Number(s) CSLB:215952 CSLB:215952 Legal Entity Information Corporation Number: C0443071 Federal Employment Identification Number: President Name: Daniel T Maas Vice President Name: STEVEN M KIRSCHNER Treasurer Name: Secretary Name: KRISTEN S PAULINO CEO Name: DANIEL T MAAS Agent of Service Name: DANIEL T MAAS Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Workers Compensation Registration History Effective Date Expiration Date 6/15/2018 6/30/2019 5/9/2017 6/30/2018 6/8/2016 6/30/2017 6/19/2015 6/30/2016 7/2/2014 6/30/2015 7/1/2019 6/30/2020 7/1/2020 6/30/2021 https!/icadir.ser,ure.force.comiContractorSearch/PrintRegDetails 1/2 7/29/2020 Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: https://cadir.secure.force.convContractorSearctVPhntReg Details PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:HARDY & HARPER, INC.Insurance Carrier: FEDERAL INSURANCE COMPANYPolicy Number:54310019Inception date:9/30/2019 Expiration Date:9/30/2020 https://cadir.secure.force.com/ContractorSearctVPrintRogDetails 212 & Harper, Inc. Aavutg 00*4dma 32 RANCHO CIRCLE LAKE FORM. CA92630 Q11j 116.1SS1 FAX (/U) "4-2601 STATE LIC. NO. 215952 DIR NO, 1000000076 Hardy & Harper, Inc. S. Corporation 32 Rancho Circle. Lake Forest, CA 92630 Dan T. Maas — President, Chief Financial Officer Michael Murray —Vice President Tanner Hambright — Vice President Kristen S. Paulino — Corporate Secretary MINUTES OF THE SPECIAL MEETING OF HARDY & HARPER, INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January , 2020, at 11:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two additional Vice -Presidents of the Company. Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS STEVEN M. KIRSCHNER KRISTEN S. PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, STEVE KIRSCHNER was re-elected Vice -President, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice - President he is hereby authorized to sign contracts on behalf of the corporation, MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. DATED: January % , 2020 DA E S, gDirerdorPresid-ent ST N M. KIRSCHNER, DirectorNice-President ✓ �f?l S EN P, INO, Director/Secretary SAMAS, Dir ctor POW Ww*# EXHIBIT A FEE & COST PROPOSAL 21 FEE & COST PROPOSAL FOR ON-CALL EMERGENCY AND UNEXPECTED TASK ASPHALT MAINTENANCE REPAIR SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST $1,500.00 /TASK ORDER M I N I M U M GAL L U U I (in dollars or hours, if applicable) 4 Hour Minimum EQUIPMENT 22 UNIT OF NO. DESCRIPTION MEASURE UNIT PRICE DESCRIPTION E1 Pick -Up Truck HOUR $ 31.25 Bare E2 Crew Truck HOUR $ 37.50 BareTack $5.00/Gal E3 Flatbed Truck HOUR $ 37.50 Bare E4 Bed Trailer HOUR $ 130.00 Move -Ins With i steer E5 Bobcat HOUR $ 255.00 + $20.00 for Breaker + $50.00 for Grinder E6 Small Excavator HOUR $ 253.00 Bobcat E45 Excavator w/ Hydraulic Thumb Operated E7 Medium Excavator HOUR $ 270.00 Linkbelt E145 w/ 4' bucket operated E8 Large Excavator HOUR $ 285.00 Linkbelt E245 w/ 5' bucket operated 22 PMM Wff*8 E9 Backhoe HOUR $ 275.00 Operated E10 Dump Truck/Super 10 HOUR $135.00 Operated Ell Truck and Pup HOUR $ 150.00 Operated E12 Water Truck HOUR $ 230.00 Operated E14 Sweeper HOUR $ 165.00 Operated E15 Wheel Loader HOUR $ 210.00 Operated E16 Skip Loader HOUR $ 210.00 Operated E17 Air Co pressor w/Jack HOUR $ 25.00Hamm Bare E18 Hydraulic Breaker HOUR $ 100.00 Attachment for equipment E19 Asphalt Paver HOUR $ 195.00 Bare E22 Compaction Wheel HOUR $ 60.00 Attachment for equipment E23 Wacker HOUR $ 35.00 Bare E24 Vibratory Compactor HOUR $ 35.00 Bare E25 Generator HOUR $ 15.00 Bare E26 Sawcutter HOUR $135 , 00 Operated 23 NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME Ll Superintendent $ $ $ Slurry Seal 0.40 /SF 150.00 225.00 300.00 L2 Project Manager $ $ $ 140.00 210.00 280.00 L3 Foreman/Operator $ $ $ 135.00 202.50 270.00 L4 Foreman/Laborer $ $ $ 135.00 202.50 270.00 L5 Operator $ $ $ 125.00 187.50 250.00 L6 Laborer $ $ $ 120.00 180.00 240.00 MATERIAL NO. DESCRIPTION UNIT PRICE MI AC 90.00 /TON M2 AB 25.00 /TON M3 Slurry Seal 0.40 /SF M4 Concrete 200.00 ICY 24 MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE 01 Material 15 % 02 Equipment/Rental 15 % 03 Labor/Subcontractor 15 % ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. N/A 25 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. 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. Contractor shall, as a penalty to City, forfeit $200.00 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. 7. 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 City of the location of the records. 8. 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 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and 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 failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. 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. Contractor shall, as a penalty to City, forfeit $200.00 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. 7. 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 City of the location of the records. 8. 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 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and 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 failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. A`ORD® CERTIFICATE OF LIABILITY INSURANCE TE DA 3/4/20 1 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. 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). PRODUCERCON Newport Beach-Alliant Insurance Services, Inc. 1301 Dove St Ste 200 Newport Beach CA 92660 ACT NAME: Soham Nalk PHONE NC No):949 756-2713 N E,111: 949 527-9818 ADDRESS: Soham.Naik@alliant.com INSURERS AFFORDING COVERAGE NAIC # 10/1/2020 INSURER A: Executive Risk IndemnityInc 35181 EACH OCCURRENCE $2,000,000 INSURED Hardy & Harper, Inc. Maas Equipment, LLC INSURER B: Allied World Assurance CO 19489 INSURER C: Federal Insurance Company 20281 INSURER D: Great American Insurance Group 16691 32 Rancho Circle Lake Forest CA 92630 INSURER E: Colony Specialty Insurance Com 36927 INSURER F: GUVtKA(9tJ CERTIFICATE NLIMRFR• 1979A31FA5 DCVICIAW [W IUDCD. 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. INSRLTR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMID POLICY EXP IMAM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y V 54309997 10/1/2020 10/1/2021 i EACH OCCURRENCE $2,000,000 DAM ---GE T RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 " PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LX]JPRO- RO LOC JECT GENERAL AGGREGATE $ 4,000,000 i PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: C AUTOMOBILE X LIABILITY ANY AUTO Y V 54310018 10/1/2020 j , 10/1/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident)! $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY ! ! PROPERTY DAMAGE Per accident $ B UMBRELLALIABX OCCUR Y Y 0311-6679 10/1/2020 10/1/2021 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 9,000,000 DED RETENTION $ Is C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ N/A Y 5431001910/1/2020 ! 10/1/2021 X STATUTE ! ORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below D E Pollution Liability/ Professional Rented/Leased Equip Owned Equipment j PCM E502853 01 IM255523-0 10/1/2020 1 10/1!2020 10/1/2021 10/1/2021 $2,000,000 a $1,000,000 occ. 99 $6,735, 0 $6,735,386 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name — On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services City of Seal Beach, its directors, officials, officers, employees, agents and volunteers is named as additional insured per the attached endorsements. W T11165-AU110 At;UKL) GURPURATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 AA,� W T11165-AU110 At;UKL) GURPURATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54309997 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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) Or Organization(s) Locations Of Covered Operations As Required By Written Contract, Fully Executed Prior To The Named Insured's Work As Required By Written Contract, Fully Executed Prior To The Named Insured's Work 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. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy # 54309997 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 54309997 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract, Fully Executed Prior To The Named Insured's Work As Required By Written Contract, Fully Executed Prior To The Named Insured's Work 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 54309997 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other Insuranceand supersedes any provision to thecontrary: Primary And Noncontributory Insurance This insurance is primary to and will not seekcontribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under thispolicyprovided that: (1) The Additional Insured is a named insuredunder such other insurance; and (2) You have agreed in writing in a contract oragreement that this insurance would beprimary and would not seek contributionfrom any other insurance available to theAdditional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Policy Number: 54309997 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. 119 "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail address, Internet domain name or other electronic address or metalanguage. "Advertising injury" means injury, other than "bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., witt 17) its permission POLICY NUMBER: 54309997 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): where required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 13 Policy # 54309997 B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER: 54310018 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE 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 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: 10/01/2020 SCHEDULE Name(s) Of Person(s) Or Organization (s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations The following is added to Item 5. — "Other Insurance" of Item B. — "General Conditions" under Section IV —"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 POLICY NUMBER: 54310018 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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" for Covered Autos Liability Coverage 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. Named Insured: Hardy & Harper, Inc. Endorsement Effective Date: 10/01/2020 SCHEDULE Name Of Person(s) Or Organization (s): As Required by Written Contract Information required to complete this Schedule if not shown above will be shown in the Declarations Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability 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 Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. 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: 54310018 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 3. 5. (1) with respect to the operation, maintenance or use of a covered "auto'; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract' or written agreement; or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.S. - FELLOW EMPLOYEE — of SECTION II — LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. — TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto' 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto' or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A.4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident' to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR —WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/01/2020 (DATE) Policy No. 54310019 of the issued to Hardy & Harper, Inc. Endorsement No. at 12:01 A. M. standard time, forms a part of FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) f Biuhorized ere ntative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be o.00 % of total California premium. Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT. WC 99 03 04 (Ed. 7-08) Schedule Job Description WHERE REQUIRED BY WRITTEN CONTRACT.