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HomeMy WebLinkAboutAmerican Asphalt South, Inc. - 2019-05-28 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMERICAN ASPHALT SOUTH, INC. FOR ON CALL AS NEEDED ASPHALT PAVING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and AMERICAN ASPHALT SOUTH, INC., a CALIFORNIA CORPORATION hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of asphalt maintenance tasks including but not limited to repairs, removal, replacement, paving, and slurry sealing B. Contractor represents that Contractor is able and willing to provide such services to the City and perform designated tasks per specifications set forth in Exhibit"A." C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Tim Griffin who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page 1 of 10 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed DOLLAR AMOUNT PER CITY PURCHASE ORDER, subject to Huntington Beach Municipal Code Chapter 3 02 080 - goods and/or services obtained from or through agreement with any governmental public or quasi-public entity during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence May 28, 2019 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate May 31, 2022 , unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than as provided in Exhibit A from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained and shall be in addition to the total Compensation designated in paragraph 3. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. Page 2 of 10 2016 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable Page 3 of 10 2016 to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. Page 4 of 10 2016 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial Page 5 of 10 2016 interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach American Asphalt South, Inc. Attn: Denny Bacon, Maint. Operations Mgr. Attn: Tim Griffin 2000 Main Street P.O. Box 310036 Huntington Beach, CA 92648 Fontana, CA 92331 909-427-8276 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Page 6 of 10 2016 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. LejZal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 7 of 10 2016 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also Page 8 of 10 2016 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. Page 9 of 10 2016 CONTRACTOR: ALL AMERICAN ASPHALT SOUTH, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: INITIATED AND APPROVED: print trame ITS: (circle one) Chairman/Presiden Vice President Travis K. op ms, P.E. AND Public Works Director By: �yl Sae print name APPROVED AS TO ITS: (circle on Secreta /Chief Financial Officer/Asst. Secretary-Treasurer ty Attorney AW REVIEWED AND APPROVED: 'J��a 1� City Manager RECEIVED: 4k4� &ht4� City Clerk (11jDI/oi Ig Page 10 of 10 2016 EXHIBIT A 1. Specifications to be determined as needed per job, including but not limited to: a. RPMS Type I Slurry b. Crack Seal 2. CONTRACTOR to provide quote as requested per job. Acceptance of quote will be confirmed upon issuance of CITY Purchase Order, subject to compliance with HBMC Chapter 3.02.080. A� ® DATE(23/20/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/23/2019 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). CONTACT PRODUCER NAME: Joanne Cadarette FAX InterWest Insurance Services PHONE N , ; 916-609-8362 A/C NO),916-979-7562 License#OB01094 E-MAIL P.O. Box 255188 ADDRESS: 'cadarette@iwins.com Sacramento CA 95865-5188 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Financial Pacific Ins Company 31453 INSURED AMERI26 INSURERB:Arch Insurance Company 11150 American Asphalt South, Inc INSURERC:Travelers Prop Cas Co of Amer 25674 14436 Santa Ana Avenue Fontana CA 92337 INSURER D:Westchester Surplus Lines Ins 10172 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:370226521 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DO/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y 60423382 12/31/2018 12/31/2019 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED $100,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence X Contractual Liab MED EXP(Any one person) $5,000 X Ded.$5,000 PERSONAL&ADV INJURY $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $4,000,000 POLICY P O LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY Y Y 60423382 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE X HIRED IX NON-OWNED Per accident) $ AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR ZUP71M8933018 12/31/2018 12/31/2019 EACH OCCURRENCE $6,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $6,000,000 DED I X RETENTION $ B WORKERS COMPENSATION Y ZAWC19413902 4/1/2019 4/1/2020 X PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D POLLUTION LIABILITY G70915613001 8/27/2018 8/27/2019 LIMIT/EA OCC $2,000,000 LI MIT/AGG $2,000,000 DEDUCTIBLE $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:Central Park improvements Kathy May Cafe,Dog Park and Frisbee Golf Park. Additional Insured status applies if required by written contract per endorsement attached.City of Huntington Beach,its officers,elected or appointed officials, employees,agents and volunteers.Primary wording per attached endorsement.30 day notice of cancellation exceppt 10 day notice for non-payment of premium applies per policy provisions. AP RO�/ED AS TO FORM ay: MICHAti.�.GATES CERTIFICATE HOLDER CANCELLATIOCITY OF HUiji,i:C-TnN(BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 21 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VOLUNTEER WORKERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to c. For which there is any obligation to share include as an insured any person(s) who are volun- damages with or repay someone else who teer worker(s) for you, but only while acting at the must pay damages because of the injury direction of, and within the scope of their duties for described in paragraphs 1.a. or b. above; you. However, none of these volunteer worker(s) are or insureds for: d. Arising out of his or her providing or failing 1. "Bodily injury" or"personal injury": to provide professional health care serv- a. To you, to your partners or members (if you ices. are a partnership or joint venture), to your 2. "Property damage"to property: members (if you are a limited liability com- a. Owned, occupied, or used by, pany), to your other volunteer worker(s) or to your "employees" arising out of and in b. Rented to, in the care, custody or control the course of their duties for you; of, or over which physical control is being exercised for any purpose by b. To the spouse, child, parent, brother or sister of your volunteer worker(s) or your you, any of your other volunteer workers, your "employees" as a consequence of para- "employees", any partner or member (if you graph 1.a. above; are a partnership or joint venture), or any member(if you are a limited liability company). CG 20 21 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 ❑ Policy#60423382 COMMERCIAL GENERAL LIABILITY CG 20 32 07 98 Modified THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURE® - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAME® INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GEnIERA.L LIABILITY COVERACE PAPT SCHEDULE Name Of Engineers, Architects Or Surveyors Not Engaged By The Named Insured: AS PER ACORD25 CERTIFICATE OF INSURANCE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to This insurance does not apply to "bodily injury", include as an insured the architects, engineers or "property damage" or "personal and advertising surveyors shown in the Schedule, but only to the injury" arising out of the rendering of or the failure extent auoh urcl rituot, engineer, or survuyor i5 Held to rerider carry profe�sior Sul services, indudir ig: liable for your ongoing operations performed by 1. The preparing, approving, or failing to prepare you or on your behalf. Such architects, engineers or approve maps, drawings, opinions, reports, or surveyors, while not engaged by you, are con- c-urvoye-, ohnnga nrr_lorc, dasigns or spaclflcs- tractually required to be added as an additional in- tions; and sured to your policy. 2. Supervisory, inspection or engineering serv- B. With respect to such architects, engineers or sur- ices. veycls sliuml In the 6chWule duuve, the Iulluwlny exclusion is added to Paragraph 2., Exclusions of Section 1 — Coverage A — Bodily Injury And Property Damage Liability and Section I —Cov- erage B -- Personal And Advertising Injury Li- ability: CG 20 32 07 98 Modified Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 60423382 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 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 Projects: ALL PROJECTS WITH THE POLICY PERIOD. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Fire Damage and Medical Ex- "occurrences"under COVERAGE A(SECTION pense continue to apply. However, instead of 1), and for all medical expenses caused by accl- being subject to the General Aggregate Limit dents under COVERAGE C(SECTION 1),which shown in the Declarations, such limits will be can be attributed only to ongoing operations at a subject to the applicable Designated Con- single designated construction project shown in struction Project General Aggregate Limit. the Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by General Aggregate Limit applies to each 'occurrences"under COVERAGE A(SECTION designated construction project, and that limit 1),and for all medical expenses caused by acci- is equal to the amount of the General Aggre- dents under COVERAGE C(SECTION 1), which gate Limit shown in the Declarations cannot be attributed only to ongoing operations 2. The Designated Construction Project General at a single designated construction project shown Aggregate Limit is the most we will pay for In the Schedule above; the sum of all damages under COVERAGE 1. Any payments made under COVERAGE A A,except damages because of"bodily injury" for damages or under COVERAGE C for or"property damage" included in the medical expenses shall reduce the amount "products-completed operations hazard",and available under the General Aggregate Limit for medical expenses under COVERAGE C or the Products-Completed Operations Ag- regardless of the number of: gregate Limit,whichever is applicable;and a. Insureds; 2. Such payments shall not reduce any Desig- b. Claims made or"suits" brought;or nated Construction Project General Aggre- c. Persons or organizations making claims gate Limit. or bringing "suits". C. When coverage for liability arising out of the 3. Any payments made under COVERAGE A "products-completed operations hazard"is pro- for damages or under COVERAGE C for vided, any payments for damages because of medical expenses shall reduce the Desig- "bodily injury"or"property damage" included in nated Construction Project General Aggre- the "products-completed operations hazard"will gate Limit for that designated construction reduce the Products-Completed Operations Ag- project. Such payments shall not reduce the gregate Limit, and not reduce the General Ag- General Aggregate Limit shown in the Decla- gregate Limit nor the Designated Construction rations nor shall they reduce any other Des- Project General Aggregate Limit. ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Paae 1 of 2 D. If the applicable designated construction project E. The provisions of Limits Of Insurance(SECTION has been abandoned, delayed,or abandoned III)not otherwise modified by this endorsement and then restated, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. Pena 7 of 9 rnnvrinht Insurance Services Office. Inc.. 1996 CG 25 03 03 97 POLICY NUMBER: 60423382 CG 241710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: ALL JOB5ZTES (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Tort liability means a liability that would be Scheduled Railroad at a Designated Job Site, the imposed by law in the absence of any definition of"insured contract" in the Definitions section is contract or agreement. replaced by the following: Paragraph f. does not include that part of any S. "Insured Contract" means: contract or agreement: a. A contract for a lease of premises. However, (1) That Indemnifies that portion of the contract for a lease of an architect, engineer or premises that indemnifies any person or surveyor for injury or damage arising out of organization for damage by fire to premises while rented to you or temporarily occupied by (a) Preparing, approving or failing to you with permission of the owner is not an prepare or approve maps, shop "insured contract'; . drawings, opinions, reports, surveys, b. A sidetrack agreement; field orders, change orders or c. Any easement or license agreement; drawings and specifications; or d. An obligation, as required by ordinance, to (b) Giving directions or instructions, or indemnify a municipality, except in connection failing to give them, if that is the with work for a municipality; primary cause of the injury or damage; e. An elevator maintenance agreement; (2) Under which the insured, if an architect, f. That part of any other contract or agreement engineer or surveyor, assumes liability for pertaining to your business (including an an injury or damage arising out of the indemnification of a municipality in connection insured's rendering or failure to render with work performed for a municipality) under professional services, including those listed which you assume the tort liability of another in Paragraph (1) above and supervisory, party to pay for "bodily injury" or "property inspection, architectural or engineering damage" to a third person or organization. activities. CG 24 17 10 01 0 180 Properties, Inc., 2000 Page 1 of 1 x4e006550* 111l1 11111111 POLICY NUMBER:60423382 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Central Park improvements Kathy May Cafe, Dog Park and Frisbee Golf Park. Additional Insured status applies if required by written contract per endorsement attached. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. Primary wording per attached endorsement. 30 day notice of cancellation, except 10 day notice for non-payment of premium applies per policy provisions. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for"your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: see Above Location of Job: see Above Al only Effective from: Effective Date: 12/31/2018 Expiration Date: 12/31/2019 When this endorsement applies, such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07-01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:60423382 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Central Park improvements Kathy May Cafe, Dog Park and Frisbee Golf Park. Additional Insured status applies if required by written contract per endorsement attached. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. Primary wording per (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 60423382 ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAMED INSURED:American Asphalt South,Inc 14436 Santa Ana Avenue Fontana CA 92337 ADDITIONAL INSURED:Re:Central Park improvements Kathy May Cafe,Dog Park and Frisbee Golf Park. Additional Insured status applies if required by written contract per endorsement attached.City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers.Primary wording per attached endorsement.30 day notice of cancellation,except 10 day notice for non-payment of premium applies per policy provisions. WHO IS AN INSURED (SECTION II) is amended to include as an insured the organization shown in the Schedule above, but only with respect to the operation of vehicles owned by the named insured and operated on behalf of the named insured. This endorsement does not apply to any operations for other than the named insured. Each person or organization named above is an insured for liability coverage, but only to the extent that person or organization qualifies as an insured under the Who Is An Insured provision of Section II Liability Coverage. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all mailers pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give thirty days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. ASDA AU 07 01 Page 1 of 1 POLICY NUMBER:60423382 ASDA AU 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: Re: Central Park improvements Kathy May Cafe, Dog Park and Frisbee Golf Park. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above be- cause of payments we make for bodily injury or property damage arising out of losses or accidents which occur during the policy period. This waiver applies only to liability you assume pursuant to a contract with the person or organization shown in the schedule. ASDA AU 07 02 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA 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 be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/23/2019 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. ZAWC19413902 Endorsement No. of the Arch Insurance Company (NAME OF INSURANCE COMPANY) issued to American Asphalt South, Inc Premium (if any) $ Authorized Representative 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be "% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 CONTRACT SUMMARY and ROUTING SLIP SERVICE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND AMERICAN ASPHALT SOUTH, INC. FOR ON-CALL AS NEEDED ASPHALT PAVING SERVICES ISSUING DEPT/REQUESTEDBY: Public Works STAFF CONTACT: G�\d" Debra Jubinsky, ext. 5321 or Denny Bacon, ext. 5024 BUDGETED: Yes Services will be procured per job based on approved budgeted funds in Capital Improvements Program and Public Works operating budgets. Prices per interagency agreement, subject to the review of Finance Department and the issuance of a City purchase order. VENDOR: AMERICAN ASPHALT SOUTH, INC. SERVICES: Provide on call as needed asphalt paving services at various locations per approved CIP and zone maintenance programs. BASIS OF AWARD: Interagency—subject to review and approval of Finance Department for compliance with HBMC 3.02. CONTRACT AMOUNT: Procurement per job and per the Finance Dept. purchase requisition process, subject to available budgeted funds. CONTRACT DURATION: 3 years TOTAL CONTRACT VALUE OVER 3-YEAR INITIAL TERM: Per available budget and purchase order NOTES: Finance Dept. has requested that we bind the vendor to our general terms, conditions and hold harmless using city form service agreement in order to issue purchase orders where competitive pricing is confirmed by interagency agreement. This form contract stipulates a duplicate original. Please sign two originals. PLEASE ROUTE TO: City Attorney City Manager City Clerk City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov r 17,190BP° Office of the City Clerk Robin Estanislau, City Clerk July 2, 2019 American Asphalt South, Inc. Attn: Tim Griffin P.O. Box 310036 Fontana, CA 92331 Dear Mr. Griffin: Enclosed is a fully executed original of the "Service Agreement between the City of Huntington Beach and American Asphalt, Inc. for On Call As Needed Asphalt Paving Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand