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HomeMy WebLinkAboutNobest, Inc. - 2019-10-14 AMENDMENT NO,2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR ON CALL CONCRETE AND RELATED STREET REPAIRS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation, hereinafter referred to as "City,"and NOBEST, INC., a California Corporation,hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement,dated October 14,2019, entitled"Service Agreement Between the City of Huntington Beach and Norbest, Inc. for On Call Concrete and Related Street Repairs" which agreement shall hereinafter be referred to as the"Original Agreement; and City and Contractor wish to amend the Original Agreement to extend the term of the Agreement, NOW,THEREFORE.,it is agreed by City and Contractor as follows: I. TERM The term of the Agreement is extended for two additional years until October 31, 2023. 2. REAFFIRMATION Except as specifically modified herein, ali other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2021. 21-10581/270105 I NOBEST, INC. CrN OF HUNTINGTON REACH, a municipal corporation of the State California B 7 print eme ITS: (edr1.onn Chai na iden ae Proklaw Diroctor of Public W AND APPROVED ORM: RLA' -RT 'Z" A�_$ print nmw ITS:(c& le relary/Chief financiai Offiearl Secretary- asurer Clty rior"y t/ IEWED AND APPROVED: (116 A ty Manager RECEIVED AND FIELD: g&4y. ) City Clerk 21-10591/270105 2 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC FOR ON-CALL CONCRETE AND RELATED STREET REPAIRS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and Nobest, Inc., hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 14, 2019 entitled "Service Agreement Between the City of Huntington Beach and Nobest, Inc. for On Call Concrete and Related Street Repairs" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the following Sections are hereby added to comply with FEMA reimbursement Requests: 30. GENERAL PRINCIPLES CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext-,idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT 20-8891/233812 1 shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 31. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 32. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 33. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 20-8891/233812 2 34. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 35. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each 20-8891/233812 3 calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: 20-8891/233812 4 a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 38. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other 20-8891/233812 5 contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 39. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to. monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REQUIREMENT CONSULTANTs that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). 41. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on October 8 , 2020. 20-8891/233812 6 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of NOBEST, INC. California By: >irec /Chief P.CLci, (Pursuant To HBMC§3.03.100) pri t name ITS: (circle one)Cha' an/PresidentN' President APPROVED AS TO FORM: AND By. W/City orney print name Date ITS: (circle one) Secretary/Chief Financial Officer/Asst. e ary—Tr surer RECEIVE AND FILE: City Clerk Date 20-8891/233812 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 In t c t c c C cfY s �CC Cif CSvY r ) CdYf fCftt ice€GYd eC>c C cC Ccrc l c c, Gt fc�czl c:Y s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the l document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California } County of Orange On _Z�� ZO before me, __K_ay Ea_ Anderson Notary Publjc , Date Here Insert Name and Title of the Officer personally appeared Larry_Nodland and Robert Nodland 11 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)X/are subscribed to the within instrument and acknowledged to me that tel-,K/they executed the same in per//their authorized capacity(ies),and that by>K/*/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAYE.ANDERSON WITNESS my hand and official seal.,7�Notary Public-California Z Orange County z Commission k 2205144 My Comm.Expires Jul 15,2021 Signature _,._, Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _Larry Nodland-_.- Signer's Name: _Robert_Nodland 11 X Corporate Officer — Title(s):President _ X Corporate Officer — Title(s): _Secretary ❑ Partner — Limited General ❑ Partner — Limited IGeneral ❑ Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee Guardian or Conservator ❑Trustee _:: Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR ON CALL CONCRETE AND RELATED STREET REPAIRS 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 NOBEST, 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 concrete improvements and concrete repairs to municipal infrastructure. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 Larry Nodland 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. 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, Page 1 of 10 2016 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 October 14, 2019 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate October 31, 2021 unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than as specified per project 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. 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. 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 Page 2 of 10 2016 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 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 Page 3 of 10 2016 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. 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 Page 4 of 10 2016 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 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 Page 5 of 10 2016 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 Nobest, Inc. Attn: Attn: Larry Nodland 2000 Main Street PO Box 874 Huntington Beach, CA 92648 Westminster, CA 92684 (714) 892-5583 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. 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. Page 6 of 10 2016 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. Legal 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. 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. Page 7 of 10 2016 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. EnfiretV (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 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. Page 8 of 10 2016 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 Manager . This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of NOBEST, INC. California By: 1 P blic s Director print name ITS: (circle one)Chairma resident/ ice President APPROVED AS AND By: ' ' " C y Attorney 1� �auesL-�-- 1 ahc print name ITS: (circl Secretary/Chief Financial Officer/ st.Secretary- reasurer fVI*E6D ,��OYVED: City Manager RECEIVE AND FILED: 7� City Clerk 1 1391" ft Page 9 of 10 2016 EXHIBIT A This is a public works project subject to the prevailing wage and apprenticeship requirements per the California Department of Industrial Relations. Unit pricing per schedule below. Item Old Unit Price Percentage Increase(30% = No Price R&R Sidewalk $6.83 Per SF $2.04 $8.87 Per SF R&R Curb&Gutter $35.73 Per LF $10.72 $46.45 Per SF R&R Drive Approach $9.99 Per SF $3.01 $13.00 Per SF Replacement of AC Slot Patch $210.20 Per Ton $63.10 $273.30 Per Ton Backfill $4.73 Per SF $1.42 $6.15 Per SF l hanks, Scott Scott Milne Estimator/Project Manager Nobest Inc• P.O.Box 874 Westminster,CA 92684 Phone:714-892.SS83 Fax:714-373-0039 Page 10 of 10 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 0" IS (!j before me, Kay E. Anderson/Notary Public , Date Here Insert Name and Title of the Officer personally appeared Larry Nodland and Robert Nodland II Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),W/are subscribed to the within instrument and acknowledged to me that twel0i6they executed the same in p; / /their authorized capacity(ies), and that byl*</*/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAY E.ANDERSON Notary Public-California Signature orange county _ gnature of Notary Public z Commission s 2205144 My Comm.Expires Jul 15,20 11 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Larry Nodland Signer's Name: Robert Nodland II X Corporate Officer — Title(s):President A Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 ACo 10l23//2019 Y) CERTIFICATE OF LIABILITY INSURANCE DATE(M 019 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). PRODUCER CONTACT Catherine Montoya NAME: Milestone Risk Management&Insurance Services A/CONN Ext: (949)852-0909 FAX No): (949)852-1131 License No.OB72766 E-MAIL cmontoya@milestonepromise.com ADDRESS: 8 Corporate Park,Suite 130 INSURER(S)AFFORDING COVERAGE NAIC# Irvine CA 92606 INSURERA: Great American Assurance Co. 26344 INSURED INSURER B: The Travelers Indemnity Company of CT 025682 Nobest,Inc. INSURER C: RSUI Indemnity Co. 22314 P.O.Box 874 INSURER D: The Travelers Property Casualty Company ofAmerica 025674 INSURER E: Hartford Fire Ins.Co. 019682 Westminster CA 92684 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 Master 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 AUULbULIK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR AMA TRENTED50,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ Excluded A GLP2969623 10/01/2019 10/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY I PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident JXX ANYAUTO BODILY INJURY(Per person) $ BOWNED SCHEDULED 8106N4002541926G 10/01/2019 10/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYAMAGE D $ AUTOS ONLY X AUTOS ONLY Per accident Comp/Coll Ded. $ 1,000 UMBRELLA LAB OCCUR mr EACH OCCURRENCE $ 4,000,000 C X EXCESS LAB X CLAIMS-MA DE HA2 8 1 10/01/2019 10/01/2020 AGGREGATE $ 4,000,000 DED RETENTION$ �� ES $ WORKERS COMPENSATION +wrA PER OTH- ANDEMPLOYERS'LIABILITYY/N CM Att�OPINKY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE T gi mmJI�Mf�N l9EaCFt 1,000,000 D OFFICER/MEMBEREXCLUDED? NIA J424142-19-26 10/01/2019 10/01/2020 E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Rented/Leased Equipment Limit $100,000 E 72MSZN3454 10/01/2019 10/01/2020 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:On Call Concrete And Related Street Repairs Annual Sidewalk Maintenance#3 Job#1-1921.Where required by written contract,City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insured on a Primary Non Contributory basis with respect to General Liability&Additional Insured as respects Auto Liability per the attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Great American Assurance Company Policy No. GLP2969623 CG 20 10 (Ed. 07/04) 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 Locatlon(s) of Covered Operations Person(s) or Organization(s): But only for work performed by the insured during this The City of Huntington Beach, it's elected or appointed policy period for the following project: officials, agents, officers, employees and volunteers. On Call Concrete And Related Street Repairs Annual Sidewalk Maintenance#3 Job#1-1921 Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A SECTION II -WFIO 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 locatlon(s) designated above. 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. Copyright, ISO Properties, Inc., 2004 CG 20 10 (Ed. 07/04) (Page 1 of 1) Great American Assurance Company Policy No. GLP2969623 OG 20 37 (Ed. 07/04) 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 Schedule Name of Additional Insured Person(s) or Location and Description of Completed Operations: Organization(s): But only for work performed by the insured during this The City of Huntington Beach, It's elected or appointed policy period for the following project: officials, agents, officers, employees and volunteers. On Call Concrete And Related Street Repairs Annual Sidewalk Maintenance#3 Job#1-1921 Information required to complete this Schedule. If not shown above, will be shown In the Declarations. SECTION II •WHO IS AN INSURED Is amended to include as an Additional Insured the person(s) or organlzatlon(s) j 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." i i 1 t i i i Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) (Page 1 of 1) I Great American Assurance Company GAC 3649CG Policy Number GLP2969623 (Ed. 1 1 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649CG (Ed. 1 1/06) XS NAMED INSURED: Nobest, Inc. POLICY NUMBER:8106N4002541926G EFFECTIVE DATE: 10/1/2019 to 10/1/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us us advised of all proceedings and ao- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: (I I) Neither you nor any other involved Any"employee" of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) in may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COW "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will a u to $400 for "loss" to wearing a - tent required of you by a written contract pay P 9 P signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an "insured" and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Great,American Assurance Company Policy No. GLP2969623 CG 20 10 (Ed. 07/04) 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 Locatlon(s) of Covered Operations Person(s) or Organization(s): But only for work performed by the insured during this The City of Huntington Beach, it's elected or appointed policy period for the following project: officials, agents, officers, employees and volunteers. On Call Concrete And Related Street Repairs Annual Sidewalk Maintenance#3 Job#1-1921 Information required to complete this Schedule, if not shown above, will be shown n the Declarations. A SECTION II -WHO 6 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 locatlon(s) designated above. 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 n 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. Copyright, ISO Properties, Inc., 2004 CG 20 10 (Ed. 07/04) (Page 1 of 1) i i Great American Assurance Company i Policy No. GLP2969623 OG 20 37 (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or - Location and Description of Completed Operations: Organization(s): But only for worm performed by the insured during this The City of Huntington Beach, It's elected or appointed policy period for the following project: officials, agents, officers, employees and volunteers. •On Call Concrete And Related Street Repairs Annual Sidewalk Maintenance#3 Job#1-1921 I 3 f I Information required to complete this Schedule, If not shown above, will be shown In the Declarations. If SECTION II •WHO IS AN INSURED Is amended to include as an Additional Insured the person(s) or organlzatlon(s) ! shown h 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." i 1 i { I I Copyright, ISO Properties, Inc., 2004 OG 20 37 (Ed. 07/04) (Page 1 of 1) Great American Assurance Company GAC 3649CG Policy Number GLP2969623 (Ed. 1 1 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649CG (Ed. 11/06) XS NAMED INSURED:Nobest, Inc. POLICY NUMBER:8106N4002541926G EFFECTIVE DATE: 1 0/112 01 9 to 10/1/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is s u An Insured, of SECTION II—COVERED AUTOS us advised of all proceedings and ao- tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) in may, at our discretion, participate in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II —COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of 'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident' or 'loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or 'loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident'or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will a u to $400 for 'loss" to wearing a - tent required of you by a written contract pay P 9 P signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the"accident'or"loss" (1) Owned by an"insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov fF. B 77,19U9P� � Office of the City Clerk Robin Estanislau, City Clerk October 30, 2019 Nobest, Inc. Attn: Larry Nodland PO Box 874 Westminster, CA 92684 Dear Mr. Nodland: Enclosed is a fully executed original of the "Service Agreement between the City of Huntington Beach and Nobest, Inc. for On Call Concrete and Related Street Repairs." Sincerely, `& d Ml Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand DEPARTMENT OF PUBLIC WORKS CONTRACT TRANSMITTAL and ROUTING SLIP Date: l jh October 21, 2019 From: }1- Denny Bacon, ext. 5024 Route To. 1. Director of Public Works 2. City Attorney 3. City Manager 4. City Clerk Re: Signature Requested City Service Agreement for On Call Concrete and Related Street Repairs Contract Summary Awarded Vendor Nobest, Inc. Scope of Services: Provide on call, as needed concrete and related street repairs in support of the Public Works annual Zone Maintenance CIP project, including but not limited to sidewalks, curb and gutter, and curb ramps. Basis of Award: Work will be awarded via Interagency Agreement, subject to review and approval by Finance Department, compliance with HBMC Chapter 3.02, and any other applicable purchasing policies. Contract Amount: The annual contract amount is set by the Public Works approved annual CIP and operating budgets. All work must be authorized in advance in writing via City Purchase Order issued by Finance Department, subject to City purchasing regulations. Contract Term: 2 years, effective 10/14/2019 through 10/31/2021. Budget: For Fiscal Year 19/20, $500,000 is budgeted for this purpose as part of the approved Capital Improvements Program as follows: • $250,000, Infrastructure, Streets Improvement, Account 31440001.82200 0 $250,000 Gas Tax Fund, Street Maintenance, Account 20785412.64620 i I AGREEMENT KNOW ALL MEN BY THOSE PRESENT: That the following agreement is made and entered into, as of the date executed by the City Manager, by and between Nobest, Inc., hereinafter referred to as the "Contractor", and the City of Westminster, a Municipal Corporation, hereinafter referred to as the"City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, the Mayor and City Council have authorized the City Manager to enter into a written contract with Contractor for the following work: RENEWABLE MAINTENANCE/SERVICE AGREEMENT CALL OUT CONCRETE&RELATED STREET REPAIRS @ VARIOUS LOCATIONS Project#18002-061803 NOW,THEREFORE,in consideration of the mutual covenants herein contained,the parties hereby agree as follows: 1. General Scope of Work: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for, and do all the work as set forth herein. Said work shall be performed in accordance with the Contract Documents as defined in the City's Notice Inviting Sealed Bids or Proposals, which include, but is not limited to, the plans, if any, specifications, and standards on file in the office of the Public Works Superintendent, and in accordance with the proposal and Contractor's bid, as accepted by the Mayor and City Council, on file in the office of the City Clerk,and in accordance with the instructions of the Public Works Superintendent. 2. Contract Price and Payment: City shall pay Contractor for furnishing the material and doing the proscribed work at the unit prices or lump sum prices set forth in Contractor's proposal. 3. Incorporated Documents to be Considered Complementary: The Contract Documents as set forth in the City's Notice Inviting Sealed Bids or Proposals are hereby incorporated herein by this reference as though set forth in full.The Contract Documents constitutes the entire agreement between the parties, This Agreement is intended to require a complete and finished piece of work, and contemplates that Contractor will perform any necessary work to complete the project properly and in accordance with the law and lawful governmental regulations, whether specifically identified in the Contract Documents or not. Should any inconsistency be found to exist between the aforesaid Contract Documents and this written Agreement, the provisions of this written Agreement shall control. y A-1 Contractor's Initials . . � } � 4. Term". Contractor agrees to cornmmnce work within fourteen (14) calendar days from the Notice toProceed. At the City'a request, the Contractor shall commence each job within five(5) to ten (1O)working days. This Agreement shall be for one(1)initial year with four(4)renewable successive one(1)year terms unless terminated earlier by either party in the manner set forth herein, The City Manager or his designee shall be authorized to extend this Agreement for each renewal pehod, with the concurrence of the Contractor. Renewal will be at the discretion of the City and based on continuance of the Contractor providing satisfactory services. 5. | The Contractor oha||pnocunaondrna/ntoin.duhngUheantirotannofUhiuAgreannent, � the insurance coverage as set forth in the City'n "Insurance Requirement for Contractors," attached hereto as Exhibit ^A" and incorporated herein by this reference. The Contractor shalt furnish the City with satisfactory proof wf the above insurance required by SUbmitfing endorsements, certificates, or policies of insurance on City insurance forms only, to the Public VVorha Superintendent, prior to the commencement of the work under this Agreement. The policies shall beendorsed as follows: ''|t is hereby understood and agreed that the policy to which this certificate refers may not be manoe|ed, mutually ohanged, nor the amount of coverage,-thereof nadm:md'nor-the policy a|lovved-'ho-lapse unt|ll-thhty-PO-)-coleRdor ! days after receipt by the City Clerk of the City of Westminster, Westminster, � California, of o registered written notice of such cancellation or reduction in coverage'. Nothing herein contained shall be construed as limiting in any way the extent bo \ / which the Contractor may be held responsible for payment of damages to persons � or property resulting from the Contractor's operations or the operations of any | subcontractors. The Contractor shall sign and fi|o with the City the following | certification prior to performing the work of the contract: "| am nvvaro of the i provisions of Section 3700 of the Labor Code which requires 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 performance of any work pursuant to this Agreement." 0. � It is understood and agreed by and between the parties that the Contractor can � substitute securities for any monies withheld by the City to ensure performance � retention under this Aoroarnmn1. At the request and expense of the Contractor, | securities equivalent to the amount withheld shall be deposited with the City Clerk or A-2 Contractor's Initials __ Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the work contemplated by this Agreement. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest therefrom. In lieu of securities, City will retain a percentage of the monies per Section 9-3.2 of the Standard Specifications for Public Works Construction for not longer than sixty(60) calendar days from the date the project is deemed officially complete. The Contractor understands that the date of completion shall be the date the City Council formally accepts the project and the Contractor's work. If the Contractor's work is satisfactory, the retention will typically be paid to the Contractor thirty(30) calendar days after the County of Orange's recordation date of the Notice of Completion. i 7. Liquidated Damages: The parties agree that it will be impracticable or extremely difficult to fix the amount of actual or projected losses resulting from Contractor's failure to complete the work in a timely manner. Therefore,the parties agree that a reasonable estimate of such damages owed to the City for any delays will be the amount of Five Hundred Dollars ($500.00) for each calendar day that the work remains incomplete beyond the completion date stated in Paragraph 4 herein above.Contractor shall be liable to the City for said liquidated damages and shall pay to the City the assessed liquidated damages within thirty (30) calendar days following billing by the City, unless otherwise extended by the City. 8. Assignability: This Agreement may not be sold, transferred or assigned by either party, or by operation of law, to any other person or persons or business entity,without the other party's written permission. Any such sale,transfer or assignment,or attempted sale, transfer or assignment without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. 9. Indemnification. Defense, and Hold Harmless: Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense,from and against any and all claims, actions,suits,damage to property or injuries to or death of any person or persons, including attorneys'fees, or other legal proceedings brought against the City, its elected and appointed officials, officers, agents, and employees arising out of the performance of the contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor,its employees, and/or authorized subcontractors, but shall be required whenever any claim,action, complaint, or suit asserts as its basis the negligence, errors, omissions or A-3 Contractor's Initials ` . . misconduct of the Contractor, its employees, and/or yu����u��. | '—^ | and/or whenever any claim,action, complaiOiorsuit asserts liability against the City, its elected and appointed officials,officers, agentoandennokovaembooadupondhe work performed by the Contractor,its employees, and/or authorized subcontractors under this Agreament, whether or not the Contractor, its ennp|oyaeo, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the contractor shall not be liable for the defense or indarnnifio3bonof the City for claims, actions, complaints Or suits arising out ufthe sole active negligence or vv\Ufu| misconduct of the City. This provision nhoU | | supersede and replace all other indemnity provisions contained either in the City's ) specifications or contractor's proposal, which shall be of no force and effect. 10. | All services n*nderedhareundorsha}lbaprovidedinacoopdoMcovvithaUappUmsb|e / requirements of local, State, and Federal law. 11' Byaxacubonof this Agreement, Contractor warrants that: i � (G) (t has thoroughly investigated and considered the work tobgperformed; � (b) |t has expertise io the area ofoonnrcto and related street repairs; � (o) It carefully cono|deredhowthavvorkahou{dbeperh»nned; a . (d) (t fully understands the difficulties and restrictions attending the performance of the work under this Agreement. i 12. Validity: . The invalidity in whole min part o[any provision of this Agreement shall not void or affect the validity nf any of the other provisions of this Agreement. 13. This Agreement may be terminated with or without cause by City at any time by providing Contractor with written notice of termination. In the event of such termination,Contractor shall be compensated for services rendered as of Lhedateof termination. Compensation for work in progress nhoU be prorated as to the percentage of work completed asof the date oftermination. \n the event ofsuch termination, Contractor shall immediately stop rendering services under this Agreement,-unless directed otherwise by City, and shall deliver to City all plans, data,rapo�s. summorieo.Moppydiaka.anda|| euchnthorinformationGndnnoteria|o aa Contractor may have accumulated in performing this Agreement. This Agreement may be terminated by Contractor by providing City with written A,4 contractor's initials i i notice no less than thirty(30)calendar days in advance of such termination. 14. Governinc,LLaw: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California. 15. Entire Agreement: This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the covenants and agreements between the parties with respect to said matter, and 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, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by both City and Contractor. 16. Representatives and Notices: The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals,directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Larry Nodland shall be the representative of Contractorfor purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of Contractor, called for by this Agreement,except as otherwise expressly provided in this Agreement. All notices and written communications sent by one party to the other shall be personally delivered or sent by registered or certified U.S, Mail, postage prepaid, return receipt requested,to the following addresses indicated below: I If to City: Public Works Superintendent City of Westminster 8200 Westminster Blvd Westminster, California 92683 If to Contractor: Larry Rodland/President Hobest Incorporated P.O. Box 874 Westminster, CA. 92684 The effective date of any notice or written communications sent by one party to the l + A-5 Contractor's Initials . ----....__..... other shall be the date received if by personal service, or forty-eight(48)hours after deposit in the U.S.Mail as reflected by the official U.S. postmark. Either party may change its address by giving notice in writing to the other party. 17. independent Contractor: Contractor is an independent contractor and not an employee of the City, and all personnel to be utilized by Contractor in the performance of this Agreement shall be employees of Contractor and not employees of the City. The parties hereto acknowledge and agree that the relationship between City and Contractor is one of principal and independent contractor and no other. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that no activities of City or Contractor or statements made by City or Contractor shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship. 18. Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought, referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 19. Headings: Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience,and are not intended to modify or explain or to be a full or accurate description of the content thereof. 20. Additional Services: Contractor shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services,including change orders, are approved in writing by City prior to Contractor performing the additional services. it is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation, and any approvals from the City, shall be barred and are unenforceable. 21. Counterparts: This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement. t 1 A-6 Contractor's Initials �—f�► 22. Corporate Authority: The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all formalities required by law on the respective dates set forth opposite their signatures. Cl EST S ER ATTEST: ED IE MANFRO, 1 MANA ER, DA E MARIAN--C-ONTRERAS, INTERIM CITY CLERK, DATE AP AS TO FORM: c-t 'Z fi-? RICHAR7 CITY ATTORNEY DATE CONTRACTOR resident 12-1-17 SI E & TI E DATE Hobest I or ora ed P.O. Box 874 Westminster, CA. 92684 COMPANY AME ADDRESS, CITY, STATE, ZIP 359622 07/31/2018 STATE LICENSE NUMBER EXPIRATION DATE A-7 Contractor's Initials Page 1 11 CITY OF WESTMINSTER DATE PO NUMBER 8200 WESTMINSTER BLVD. 7l13/2017 012901 WESTMINSTER, CALIFORNIA 92683 VENDOR: 10632 SHIP TO: CORPORATION YARD NOBEST INC. 14381 OLIVE STREET PO BOX 874 WESTMINSTER, CA 92683 WESTMINSTER, CA 92683 FOB Point: Req.No.: R-012807 Terms: A/P Net 30 Days Dept.: PUBLIC WORKS-CORP YARD Req.Del,Date: Contact: MILLER, TODD Confirming? NO Special Inst: Quantity Unit Descrl tlon Unit Price Ext Price CONCRETE STREET MAINTENANCE&REPAIR AT 150,000.00 VARIOUS LOCATIONS IN THE CITY SUBTOTAL 150 000.00 BILL TO: CITY OF WESTMINSTER TAX 0.00 8200 WESTMINSTER BLVD FREIGHT 0.00 WESTMINSTER, CA 92683 TOTAL 150,000.00 Account Number Amount Project Number Authorized Sionature VENDOR COPY See Terms and Conditions on reverse SCHEDULE OF BID ITEMS ITEM APPROXIMATE ITEMS WITH LUMP SUM UNIT IN AMOUNT QUANTITIES OR UNIT WRITTEN IN FIGURES WORDS 1. 1,000 S.F. Construct sidewalk in place $ 7 $ 7,660. (call out average 200 square feet) e�,«•7 per square foot 2. 100 L.F. Construct curb and 18" wide $ 37. $ :3;�crz� gutter in place (call out average 50 linear feet) r F 5 cc� rfs 4"-v�C er linear foot 3. 200 L.F. Construct curb and 24" wide $ L1a, `� $�6SVI gutter in place (call out average 50 linear feet) per linear foot 4. 200 S.F. Construct driveway $ `�• �� $ approach, 6" thick, excluding curb and gutter in place (call out average 100 square feet) %Y er square foot 5. 300 S.F. Construct handicap ramp in $ q. $ place (call out average 200 square feet) Fr� C�<cnFs per square foot C P-2 ITEM APPROXIMATE ITEMS WITH LUMP SUM UNIT IN AMOUNT QUANTITIES OR UNIT WRITTEN IN, FIGURES 6. 450 S.F. Construct cross-gutter and $ I-Z.�O $ � = spandrel in place (call out average 100 square feet) 7—no C- e,tfS per square foot 7. 450 S.F. Construct bus pad including $ �1 1. &� $ ! 2�32- removal & disposal of existing-AC &AB, grading, compacting, and traffic control (call out average 450 s uare feet) per square foot 7A. 450 S.F. Construct bus pad including removal & disposal of $ �1. $ jti.co cf. "=r existing AC, constructing bus pad on grade (per City's direction), compacting and traffic control (call out average 450 square feet) per square foot 8. 75 S.F. Construct commercial driveway approach, 8" thick, excluding curb and gutter (call out average 50 square feet) per square foot CP-3 I ITEM APPROXIMATE . ITEMS WITH LUMP SUM UNIT IN -AMOUNT QUANTITIES Oki (SIT VVRITTEIII 14G, S s� s `. � r. 9. 500 S.F. Construct 4" thick concrete $ pads at park sites, well sites, and other sites as needed (call out average 100 square feet) per square foot 10. 100 L.F. Grinding PCC sidewalk edge $ 1 y c� $ �,SLY 1" or less to eliminate trip hazard (call out average 20 linear feet per linear foot 11. 5 Each Adjust Water Valve Box to $ LI S-: `= $ Z2.T grade��// _ 51 i <y 1 ,cc —2 per each 12. 5 Each Remove & dispose of 7,3TS1 parkway trees / r per each 13. 5 Each Plant 15 gallon parkway tree $ /�. `^ $ SZD c= lo,me 1i7� Lrl� lC<<3 per each c� 14. 300 L.F. Removal and disposal of $ $ — curb and gutter (call out average 50 linear feet) per linear foot C P-4 ITEM APPROXIMATE ITEMS WITH LUMP SUM UNIT IN AMOUNT QUANTITIES OR UNIT WRITTEN IN FIGURES WORDS 15. 1,000 S.F. Removal and disposal of $ S �= $—_� Y sidewalk (call out average 200 square feet) l Z e.f1 C'LC2"5 per square foot 16. 10 Tons Replacement of asphalt $ 3 $ 3 concrete adjacent to curb & gutter Ri'XecS/ �L w . , per on 17. 2 Each Stump Grinding (call out $ /(lam. $ z average 1 each per each 18. 450 S.F. Removal and Disposal of $ cross gutter and spandrel (call out average 200 square feet) s er s are foot 19. 300 S.F. Removal and Disposal of $ handicap ramps (call out average 200 square feet) Irv/' lC<�r's per square foot Removal and disposal of 6" $ �- 33 20. 200 S.F. driveway approach, excluding curb and gutter (call out average 50 square feet) j L/.t!�JL L•Zff^r� cY.1�� I T 3 6 6,ev.3 per square foot CP-5 I i AN � _ � , •- �r'�R_a. ,'� � .,�_.� � �_: � �,,,.�-� ,ram 21. 75 S.F. Removal and disposal of 8" �a driveway approach, $— $ excluding curb and gutter (call out average 50 square per square foot 22. 20 L.F. Saw cut concrete (Horizontal i curb cut for handicap ramps) (call out average 20 lineal per lineal foot 23. 440 S.F. Backfill dirt, seed & topper in parkways & front lawns following placement of concrete and removal of $ `v, forms NOTE: Spoils will not be used as backfill / per square foot 24. 2 EA Install Truncated Dome Panels (call out average 1) per each f TOTAL OR GROSS SUM BID WRITTEN IN WORDS: TOTAL IN FIGURES: The undersigned has carefully checked all words and figures inserted in this bid and that the undersigned will not be released on account of the errors of the undersigned in the preparation of this bid. Explain over your signature any erasures or interlineation in this bid proposal. C P-6