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HomeMy WebLinkAboutCity Service Paving - 2021-06-07 AMENDMENT NO. I TO CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CITY SERVICE PAVING FOR PAVING OVER EXISTING CONCRETE 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 City Service Paving a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated June 7, 2021 entitled"City Funded Construction Contract Between the City of Huntington Beach and City Service Paving for Paving Over Existing Concrete"which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT; NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Twelve Thousand Five Hundred Dollars ($12,500). The additional sum shall be added to the original sum of Twenty Nine Thousand Seven Hundred Dollars ($29,700), for a new contract amount not to exceed Forty Two Thousand Two Hundred Dollars($42,200). 21-100551263177 1 3. 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 exetarted by dmnr aud►orized officers on Awj -*t A 2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation o State of City Sery vi Ca1'f° � ¢3 for/Chief/�iC(�� (Prrrrranr To HBMC .0 . prod lame ITS: (e4r4 onrl Ch& =W6WVp"Pr APPROVED AS TO FORM: AND Br—Q— City Atffine ) *IV Date rrS: (d er.and sact.ry&-aWRwrdW WcedAsr. semvwy-Tm=M RECEIVE AND FILE: — - - — _ City Clerk-- 21-1005VM3177 2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN TIME CITY OF I IUNTINGTON BEACH AND CITY SERVICE PAYING FOR PAVING OVER EXISTING CONCRETE 'fl-IIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter referred to as "CITY." and CITY SERVICE PAVING . a corporation. hereinafter referred to as "CONTRACTOR." WI-IFREAS. CITY has solicited bids for a public works project. hereinafter referred to as "PROJECT." more full\, described as Edison Park Skate Park in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services. NOW. THEREFORE', in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this ,Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense. all labor. plans. tools, equipment, supplies. transportation. utilities and all other items. services and facilities necessary to complete and construct the PROJECT- in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT. during its progress or prior to acceptance by CITY. from the action of the elements. from am, unforeseen difficulties which may arise or be encountered in the I I G-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work. including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OP CONDITIONS 01' WORK: PLANS AND SPECIFICATIONS CON"TRACTOR acknowledges that it is fully familiar with all the terms. conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section). has inspected the location of the job site, and the conditions tinder which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors. if any, shall be bound by the Contract Documents insofar as they relate in part or in any way. directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: 13. Bonds covering the work herein agreed upon: C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and anv revisions, amendments or addenda thereto: I6-5195/City Funded Construction Contruct.doex—revised 04/2016 D. The edition of Stonelurd Slaecificotions for Public Works Construction, published by Builders' News, Inc.. 10801 National Boulevard. Los Angeles. CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans. Specifications, Special Provisions and Addendum applicable to the Project: E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference): F. The particular Plans. Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy bethvicen any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"). and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save oniv at its own risk and expense. Should there be anv conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR. then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Conlract.docN—rerised 04/2016 3. CO—NIPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement. subject to anv additions or deductions made under the provisions of this Agreement or the Contract Documents, a stun not to exceed Twenty-Nine Thousand Seven Hundred Dollars (S 29,700.00 ). as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMM OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ninety ( 90 ) consecutive Working clays from the day the Notice to Proceed is issued by DP\V. excluding delays provided for in this Agreement. 5. TINIE OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract DOCWnems. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings. details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors. subcontractors. and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors. 4 16-5195/City Funded Construction Contract.does—revised 04/2016 subcontractors and CITY forces and. in general. all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes. furnish materials and perform all work necessary within the scope ofthe PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. "'hen directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal. the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thcrcupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingh. 7. NOTICE TO PROCEED No work, services. material. or equipment shall be performed or fumished under this Agreement unless and Until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delav in commencement of the work due to unavailability of the job site. for any reason. relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City funded Construction Contract.docN—revised 04/2016 8. B0NDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work. and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition. CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders. to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to. any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period. CITY may then make appropriate repair or replacement at CONTRACfOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not 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 6 16-5 195/Tin• Funded Construction Contramdocx—revised O4/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY: and that it is, and would be. impractical and extremely diflicult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is. therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($ 500.00 ) per each calendar clay's delay in completing the work in excess of the number of working/calendar days set forth herein. which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. including, but not limited to, acts of God or of the public enemy, fire, floods. epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall. within fifteen (I5) days from the beginning of any such delay (unless DPW shall grant a further period of time). notify DPW in writing of the cause of the 7 16-5195/City Funded Constntction Contract.doc.c—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the dclay; and the decision of DPW'shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act. neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible. or by the combined action of the workers. in no way caused by or resulting from default or collusion on the part of CONTRACTOR. or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL, TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition. deletion or revision in the work, or an adjustment in the Compensation under Section 3. or the Completion Time specified at Section T. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 1 G-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising front work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 ol'this Agreement; (c) Payment of an amount the CITY disputes: (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents: (c) A request for a time extension or additional payment based upon differing site conditions. such as subsurface or latent physical conditions at the job site differing materialh from those indicated in this Agreement or the Contract Documents. or unknown physical conditions at the job site. of an unusual nature. differing materialh from those ordinarily encountered and generally recognized as inherent to work of the PRMFECT`: or (0 A request for a time extension or additional payment based upon acts of neglect by CITY or due to tires, floods, labor disputes. epidemics. abnormal weather conditions or acts of God. 1.3. A Demand for a time extension or payment of money or damages may only be eranted by a Change Order. C. No Chance Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly. but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (I5) days after receipt. including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (1 5) days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions. immediately upon encountering the conditions. CONTRACTOR shall notify the DPW in writing of the conditions. so that the CITY may promptly investigate the conditions. E. If' the CONTRACTOR disputes the DPW's written response on the Demand. or the CITY fails to respond within the time prescribed. the CONTRACTOR may so notify the Citv Engineer, in writing, either within fifteen (15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed. respectively. and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. I'. CITY and CONTRACTOR shall execute appropriate Change Orders cowering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement. then the City Engineer shall issue a written decision on the claim within it reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions. the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docs—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process. including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESINIATEDQUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT. if the actual quantities used are either more than or less than the quantities listed in the bid schcdulc. the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion. when warranted by the facts and circumstances, order an equitable adjustment. upwards or downwards. in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantilies listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion. DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYidENTS Fach month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate. five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate. less the amount of all previous payments since commencement of the work. will be paid to CONTRACTOR. When CONTRACTOR has. in the judgment of DP%V. faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule. and if DPW finds that satisfactory progress has been and is being made. CONTRACTOR may be paid such II 16-5 195/Cite Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the Value of the work completed since the commencement oft lie PROJECT. as determined in its sole discretion by DPW. less all previous payments and less all previous retained amounts. CITY's Final payment to CONTRACTOR. if unencumbered, or any part thereof unencumbered. shall be made thirty-five (35) clays after the acceptance of the work and the tiling of a Notice of Completion by CITY. Provided, however. that in the event of a dispute between CITY and CONTRACTOR. CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Pavments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW. affirming that the work for which pavment is demanded has been performed in accordance with the terns of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. \VI"I FII IGLD CONTRACT FUNDS. SUBSTITUTION OI' SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAUMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed. all firms supplying materials and all subcontractors working Upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material. except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims. 12 16-5195/Cite Funded Construction Contrict.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17, WAIVL'R OP CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of'Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the oil-ice of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement. as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code. CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars (S25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for Icgal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement. and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the Citv Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement. as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code. CONTRACTOR agrees to secure payment of compensation to every employee. 13. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall. as penalty to CITY. forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or anv of its subcontractors) less than the prevailing wage rate established for that particular craft or type ol'work. 19. CALWORNIA EIGHT-HOUR LAW A. California Labor Code. Sections 1810 et.ceq. shall apply to the performance of this Agreement; thereunder. not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder. shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder. except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall. in accordance with California Labor Code Section 1812. keep an accurate record. open to inspection at all reasonable hours. showing the name and actual hours worked each calendar clay and each calendar week by each worker employed in connection with the PROJECT. 13. Pursuant to this A_reement and in accordance with California Labor Code Section 1813. CONTRACTOR shall. as a penalty to CI"l Y. forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 1 G-5195/Cite Funded Construction Contract.docs—revised 04/201 G (I) calendar day or forty (40) hours in any one (I) calendar week in violation of California Labor Code Section 181 5. 20. PAYNIENT OP TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code. regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. l i\'fPLOYIMENT OP APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PRO.IEC"T. 22. PAYROLL RECORDS CONTRACTOR a.-rees to keep accurate payroll record showing the name. address. social security number, work classification. straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors. if any, shall be available at all reasonable times to the CITY, and the employee or his representative. and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776. in eeneral. 23. INDEMNIFICATION, DEFENSE, 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, 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, 15 16-5 M/City Funded Construction Contract.doex—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR. any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts an}' 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of' CONTRACTOR's counsel. "['his indemnity shall apply to all claims and liability regardless of whether any insurance politics are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' CONIPHNSATION AND EMPLOYER'S I_IA1311-ITY INSURANCE PurSUanl to California Labor Code Section 1861. CONTRACTOR acknowledges awareness of Section 3700 er 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. 16 16-5195/City Funded Construction Contract.docs—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACfOR'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. This police 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, 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 Nlillion Dollars ($1,000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit most be no less than One Million Dollars (SI,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials. employees. agents, and volunteers (the"Additionally Insured parties")as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Panics. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars (S5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the saute types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OP INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: the certificates shall: I. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force: and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of'CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at ail times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay. in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRAC"TOR's insurance policies. naming CITY. its officers. elected and appointed officials, employees, agents and volunteers as Additional Insureds. to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code j9202. CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competentjurisdiction which arises out of performance of this agreement within ten (10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docs—revised 04/2016 28. DEFAUI:r AND TE'RiMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified. or is adjudged bankrupt or snakes an assignment for the benefit of creditors or becomes insolvent. or violates any provision of this Agreement or the Contract Documents. CITY may eive CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRAC-rOR. CITY may. without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY may make eood the deficiencv in which the default consists and deduct the resulting costs from the progress payments then or to become clue to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. "ITIMMINAT-ION FOR-CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause. and whether or not PRO.IIiCT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination. tinder this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience.the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead. profit or CONITRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx-revised 04/2016 sole and CSCIUSIve remedv for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OP PLANS. ESTIMATES AND OTHER DOCUNIEN'f5 CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications. drawings. reports. calculations. maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell. assign, transfer. convey or encumber this Agreement. or any part hereof,or any right or duty created herein. without the prior written consent of'CITY and the surety. 32. 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 California Government Code. 33. S"fOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of"Stop Notices. Notices to Withhold. or any similar legal document. "['his obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S 100) For every Stop Notice filed in excess oftwo (2). regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16J 19J/City Funded Construction Contract.docx—revised 04/2016 34. NOTICES Anv notices. certificates. or other communications hereunder shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section I hercinabove) 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 specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices. certificates or other conurtunications will be sent by notifying the other party via personal delivery. reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach CITY SERVICE PAVING ATTN:Ken Dills . Public Works ATTN: JR Rodriguez 2000 Main Street 920 Lawrence Huntington Beach. CA 92648 Placentia, CA 92870 35. SECTION HEADINGS The titles. captions, section, paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agreement arc merely descriptive and are included solely for convenience of reference only and are not representative of maters 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. 21 16-�195/Cite Funded Construction Contract.docs—revised 04/2016 36. 1M\91GRATION 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 United States Code Section 1324n regarding employment verification. 37. 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. 3R. AVI ORNEY'S FL'-ES 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 attorneys fees from the non-prevailing party. 39. INTERPRETATION Of- 'I JIS 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 22 16-5195/City Funded Construction Contract.docx—revised 0412016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission ol'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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. 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 am party who has signed it. 42. CONSENT \\'here CITY's consent/approval is required under this Agreement. its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement. which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 I G-5195/City Funded Construction Contract does—revised 04/201 G 45. SIGNATORIES Each undersigned represents and warrants that its signature hercinbelow 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. 46. IN'IIREIY 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. '['his Agreement. and the attached Exhibit "A". contain the entire agreement between the parties respecting the subject matter of this Agreement. and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-S 195/Cite Funded Construction Contract.docs—revised O4/2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,�ulsE 'l 2021 CON TOR: CITY OF W NTINGTON BEACH,a municipal corporation of the State of California By: RECEIVE N1�FII nt name) City Clerk (p/S ITS:Chairmen/President/Vice-President (circle one) INIT D AN WPR4ANDBy: Di or (print name) r;ZANf�R VED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVXDAS TO FORM: 4 ity A mey 25 16-5195/City Funded Constriction Contract.doca—revised 0412016 Lxt�1817- . Date Proposals ift �1 yme Proposal 511812021 982 920 1Awnmce Placentia,CA 92870 Tel. 71"32.6610 Call:: JRRodriguez at(714) 422-9695 with any QucstiDm w ts'yv.cin'smice com Fat[ 714-6326612 Job: Totum Consulting 21377 MAGNOLIA ST-SKATE PARK 15130 Ventura Blvd., Suite 327 GO—Alejardro Pvtel,Construction Manager Shertnn Oaks,CA 91403 11 Proposal Qty. Unit Rate Total PAVE OVER EXISTING CONCRETE 1. APPLY TACIT COAT TO I4V X 60' SECTION OF EXISTING CONCRETE FOR PROPER BONDING OF NEW ASPHALT 2 MAGUNE PAVE APPROX g,860 SQ FT WITH UP TO 2" OF HOT NEW ASPHALT(PER PLANS). 3. COMPACT ASPHALT TO MAXIMUM ODMPACATION USING MACHINE ROLLER ANIYOR VB 6RARTORY 0 4. CLEAN LIP AND REMOVE ALL JOB RELATED ITEMS. 1b, ••PW JOB ••COST BASED ON 2.3 DAY OF WORK—ADDITIONAL COST IF ADDITIONAL DAYS ItEQUESf ED. ••CUSTOM ER ADVISED EDGES MAY BEG IN TO CRUM BLE AND BREAK WITHOUT A BARRIER/FDGE TO SUPPORT NEW ASPHALT Total $29,700 Fxlusions: Grading (all grade shall be+/-a .101 caulking,grates,In beds,special inspections,permits,testing,engineering, compaction on material other than installed by CSCI and traffic control.In the event an oversight was made by CSCI, this proposal constitutes the amount of scope bid only and no more. This proposal and notes,if accepted shall be made a part of the contract,and so stated,if a special contract form is used. In the event of an act of God that damages our work, CSCI will not he hell responsible for this damage and any ezra work or material trade necessary by an Act of Nature will be an cars charge. See Additional Terms. Client Signature Date City Service Contracting Inc Representative Date WARNING:Detectable amounts of chemicals known to the Stme of Califumia to reuse canucr,birth defects,or other reproductive harm may be found in petroleum products,hot mix asphalt,it's vapors,or result from then use. ' .Avoid prolonged breathing of vapors•Avoid contact with skin and eyes 4 Failure to use caution may muse sctous injury or ilukss. Call 800-985-1 111 for further information. A� CERTIFICATE OF LIABILITY INSURANCE aA'fl THIS CERTtFICAIE 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 POUCIF.S 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 ADDIIIONAL INSURED, D1e pollcy(les) must have ADDITIONAL INSURED proAsions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement m INS Certificate does not confer rtqhtt le the Certificate holder In lieu of such andorsenNnt E PAoouceR CONTACT FEDERATED MUTUAL INSURANCE COMPANY HAIA11 CLIENT 9NIACLCENLER HOME OFFICE:P.O.BOX In PM R4949 rv,Ne,607-4464664 OWATONNA.MN 55M E'Iena gooxux [NTCONTACTG[NT DI S INSURCR({IAFFORDINOCOVERAOE IIAICe INSURER a:FEDERATED MUTUAL INSURANCE COMPANY 13935 IISURLD 398-871.3 INSURER D: CITY SERVICE CONTRACTING INC,CITY SERVICE PAVING INSURER C: 020 LAWRENCE ST PLACENTIA,CA 02870-7031 INSURER M INSURER f: INSURER FI COVERAGES CERTIFICATE HUMBER:161 0.EVISION NVMBEfl:B THIS IS TO CERTIFY THAT THE PCLICIFS OF INSURANCE LISTED RELDVJ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOMITHSTANDINO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IRIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED,HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLNMS. un"LTA i P[or INSURANCE yUST PMICY NUMBER uPOLICY[IF WL CY EtP IWfS X COMN[RCLLL OFRFRIL LLNIIttY [qCN Ot<URR[NCE S1,ODO,OW CLAIMPMAD[ a OCCUR ONl/OF i aFMCO $100,000 NfD ElY IAgero ptnen) T5,0D3 A Y Y 0161852 01MIM21 0I/01/2022 PIRSoBAL A AOY IIAAIY 51,000,000 L WOR C RµJI A➢NII P 9 W 0114LM AROREOATE $2,000,0DD O X YOl1CY L-JJzc' _ LOC PAORUCI{ C0MP10P MO S'{OOD,DOO GIN": AMIOMO.ITS IM.R.111 oMM'IED WNJLE WAIT 31,000,DOO X my AUTO BodLY WAMY IF.,IMIRN EE Rso q oWxcv Auroa onv Autet Y Y 9181BS'2 01A12021 Ot/01f20YI 90dLY wJLIRY W,•[dN.n4 VIREO AUIDSRNLY IloToM 9 Tr ANACE NItO30RLY X UMBRELLA LIAO X OCNp [ACi OCCURRERCE T,5,003,000 A EXCE.3 LIAR CLAMSMAo[ N N 91618S3 0110M2021 01/0I12022 ACMweTE $5,000,000 DID I IIIIIENTION WORKERS GOMPE IM110M Ol AND EMPLOYERS'LIA[ILOT y PCR{iRTUI[ [qµ AYY PROPpICiOplPMI12Rl[S[CUIM rJ. EL EACH ACCIDENT C{i10ERIMFMeIA EFCLUMef II BIA IManeaNry M NNI f.L defAaf-CA EMPLOYEE X IN,k•[n3a,n1t/ LL weEAbf YOLICY LIMIT DEscRIPnoY Or OPFRAl10Na SW W m•CRIPIIOR 01 OPERATIONS I IOCATIMa 1 Y[NICLEC ULC...I.I.ALd I—I Rowena ete44M,wa)M IW,1E It.1.Y•M II,MRA-1 SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 396 877-3 154 6 THE.GTY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20M MAIN 51 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648-2702 ACCORDANCE Willi THE POLICY PROVISIONS. I.uTNORM[O R[PRECfJ1tATM (/ 1fG� 0 17811-MI6 ACORD CORPORATION.All rights r.st,vDIL ACORD M(2010A'l.T) The ACORD name and logo pre r.glstared marks RI ACORD AFHROV'D AS TO FORM By: V2 Q MICHAEL E GATES 4 CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE OF LIABILITY INSURANCE I Araxa, 2sssaac 6/10r).2021021 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 certlficale holder Is an ADDITIONAL INSURED, the policy(ies)must 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 cortificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER CONTACT NAME: 5700Willis TowerW 112E Watson Se. 10Midwest,Inc. WC N.Emil,NE 846290d906 I j�,Nel: 5700 W 1121h Street,Ste. 100 E-MAIL BBSlcens bcktonalMl wm Overland Park,KS 66211 ADDRESS; t9 INSURER[Sl AFFORDING COVERAGE NAK:s INSURER A: Ace American Insurance Co. 22aB7 INSURED INSURER a: Berfatt Business Services,Inc. LICJF CITY SERVICE CONTRACTING INC.DBA:CITY SERVICE PAVING INSURER C: 920 LAWRENCE ST PLACENTIA,CA 92870 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED. NOIWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 'THE 'FERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR ADDLSUB POUCYEFF POLICY E%P LTR TYPE OF INSURANCE POLICY NUMBER MDD MNV D LIMITS CONMEROIALGENERA.LIABILITY EACH OCCURRENCE. 5 _CLAIMS-MADE OCCUR PREMISES Eno -Mpsa MED EXP jApy a+o osson S PERSONAL S AIV INJURY 3 GENL AGGREGATE LIMIT APPLIES PER, GFNF:RAI.AGuRf'GAlr: $ _ POLICY jEo- n LOC PRODUCTS-COW?OPAGO 3 OTHER 3 AUTOMORILE.LIABILITY OMBINED UNCLE LIMIT S (kAx;I4MD MY AUTO BODILY INJURY(Par peram) 5 ALL OwNEO SCHEDULED BODILY INJURY(Per aWdenO 3 AUTOS AUTOS NON wNEO PROPERTY DAMAGE 5 111REU AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE It EXCESS UAB Ll CLAIMS-MADE AGGREGATE 3 DED F I RETENTIONS S WORK ERS COMPENSATIONPER AND EMPLOYERS'LIABILITY YIN X _§TAIIIIE_ _FJ1_ APROPRIETOR/PARTNEArXEOUTIVF. F..L EACH ACCIDENT 5 2.000.000 A OFFICERINCMUCR EXCLUDED? NIA CBBe09499 V11202.1 If1/202.2. (btandalory In NIB E.L DISEASE-EA EMPLOYE S 2,000,0O) If m,desa be urNar 2,000.0o) DESCRIPTION OF OPERATIONS W. F..L DISEASE-POLICY LIRA❑- S DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES(&CORD 101,Add uco ial Remarks Schadule,may be anachad if more space Is required) Policy Sum,CA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE The City Of Huntington Beach TIIE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 2000 Main Street IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTH RJZ DR PR ENTA - ak- 01988.2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered(narks of ACORD AGENCY CUSTOMER ID: 396 877-3 LOC R: CU120` ADDITIONAL REMARKS SCHEDULE Paco 1 of? IafYtY NMYO INfUP[D FEDERATED MUTUAL INSURANCE COMPANY CITY SERVICE CONTRACTING INC.CITY SERVICE PAVING IMICY NUMBER 900 1 AWRENCF.5T SEE CERTIFICATE N 154.6 PLACENTIA,CA 92870-7031 CMi0.1rR NNC conE SEE CERTIFICATE N 154.8 rlrrcrnc owl r:SEE CERTIFICATE N 154,9 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: - RTIFI AFC AT OF IIAa11 i]] RSURANCE _ RE, VARIOUS PARKING LOTS WITHIN THE CITY OF HUNTINGTON REACH THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADIIIIORAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADOITIONAL INSURED ON GENERAL. LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS ENDORSEMENT. ADDITIONAL INSURED ALSO APPLIES TO: THE CITY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGEMS AND VOLUNTEERS INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIIV.RY AND NONCONTRIBUTORY OVER OTHER INSURANCE. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT, FOR REASONS OTHER THAN NON-PAYMENT DF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. UNSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101(2000101) 0 2D08 ADORE)CORPORATION.AD rlgMs rmerve0. The ACORD name aM logo are reglstereE wrks of ACORD POLICY NUMBER: 9161652 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations: Location(s) Of Covered Operations HE CITY OF HUNTINGTON BEACH See IL-F-40-0358 2000 MAIN ST HUNTINGTON BEACH CA 92648 nformatlon required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organizations) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This Insurance does not apply to "bodily Injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional Insured(s) at the location(s) location of the, covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The Insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted by Intended use by any person or organization law; and other than another contractor or subcontractor engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CITY SERVICE CONTRACTING INC 'CITY SERVICE PAVING DBA 920 LAWRENCE ST PLACENTIA CA 92870 © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 10 04 13 Policy Number: 9161652 Transaction Effective Date: 05-24-2021 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or I Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Policy Number: 9161652 Transaction Effective Date: 05-24-2021 EXTENSION ENDORSEMENT Extension - CG 20 10 -THE CITY OF HUNTINGTON BEACH ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO VARIOUS PARKING LOTS WITHIN THE CITY OF HUNTINGTON BEACH FOR ASPHALT PAVING. ADDITIONAL INSUREDS ALSO INCLUDE: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS. I IL-F-40-0358 (05-10) Policy Number: 9161652 Transaction Effective Date: 05-24-2021 POLICY NUMBER: 9161652 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations THE CITY OF HUNTINGTON BEACH See IL-F-40-0357 2000 MAIN ST HUNTINGTON BEACH CA 92648 Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organizations) shown in the Schedule, but only with Section III - Limits Of Insurance: respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by "your required by a contract or agreement, the most we work" at the location designated and described in will pay on behalf of the additional insured is the the Schedule of this endorsement performed for amount of Insurance: that additional insured and included In the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by `Whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional Insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CITY SERVICE CONTRACTING INC 'CITY SERVICE PAVING DBA 920 LAWRENCE ST PLACENTIA CA 92870 © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 37 04 13 Policy Number: 9161652 Transaction Effective Date: 05-24-2021 EXTENSION ENDORSEMENT Extension - CG 20 37 -THE CITY OF HUNTINGTON BEACH ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO VARIOUS PARKING LOTS WITHIN THE CITY OF HUNTINGTON BEACH FOR ASPHALT PAVING. ADDITIONAL INSUREDS ALSO INCLUDE: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS. IL-F-40-0357 (05-10) Policy Number: 9161652 Transaction Effective Date: 05-24-2021 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance - Primary And Excess supersedes any provision to lire contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other Insurance available to 1. Such "insured" is a Named Insured under an "insured" under your policy provided that: such other insurance; and 1. Such "insured" is a Named Insured under 2. You have agreed in writing in a contract or such other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or Primary and would not seek contribution from agreement that this insurance would be any other insurance available to such "insured". primary and woutd not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for"bodily Injury' and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily Injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional Insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" Is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving properly to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lessor of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To 'loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent lakes possession of the leased or rented "auto"or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 9161652 Transaction Effective Dato:01-01-2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Pail arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, Its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: 9161652 Transaction Effective Date:01-01-2021 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution frorn any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 Policy Number: 9161652 Transaction Effective Date: 01-01-2021 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Condltions: We waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products-completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when YOU are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. I i i i I Includes copyrighted material of Insurance services Office, Inc. with its permission. CG-F-81 (04-13) Policy Number: 9161652 Transaction Effective Date: 01-01-2021 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ vvr,,�v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 16, 2021 City Service Paving Attn: JR Rodriguez 920 Lawrence Placentia, CA 92618 Dear Mr. Rodriguez: Enclosed is a fully executed copy of the "City Funded Construction Contract between the City of Huntington Beach and City Service for Paving Over Existing Concrete." Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand