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HomeMy WebLinkAboutAmerican Asphalt South - 2022-09-20 (3) AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMERICAN ASPHALT SOUTH, INC. FOR SLURRY SEAL SERVICES 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 AMERICAN ASPHALT SOUTH, INC.,a California Corporation, hereinafter referred to as"Contractor." WHEREAS, City and Consultant are parties to that certain agreement,dated September 20,2022, entitled"Service Agreement Between the City of Huntington Beach and American Asphalt South, Inc. for Slurry Seal Services"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 at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed One Hundred Ten Thousand Dollars ($110,000.00). The additional sum shall be added to the original sum of One Million Dollars ($1,000,000.00), for a new contract amount not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). 23-12928/310630 1 2. REAFFIRMATION Except as specifically modified herein, all 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 "ll (\,1i 2023. AMERICAN ASPHALT SOUTH, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By. cle/.f "emy print name ITS: (circle one)Chairma •4'residen ice President Mayor q4i-atilideitt4)AND City Clerk' 61/4c7/.2 By: G'r/girl INITIATED AND A PROVED: print name ITS:(circle one)ogretat hief Financial Officer/Asst.Secretary-Treasurer Director of Public Works APPROVED : : •ORM: C - Attorney kw 23-12928/310630 2 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach 1pwve File #: 22-719 MEETING DATE: 9/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Carlina Thomas, Administrative Analyst Subiect: Approve a Service Agreement between the City of Huntington Beach and American Asphalt South for Residential Zone Slurry Maintenance in Maintenance Zones 2 and 5 Statement of Issue: Approve an interagency service agreement with the City of Palos Verdes Estates authorizing American Asphalt South to provide residential slurry seal maintenance services in Maintenance Zones 5 and 2. Financial Impact: The service agreement is for a not-to-exceed amount of$1,000,000. Funds for the scope of work in this agreement are budgeted in Prop 42 Fund account 21985201.64620 and Gas Tax Fund account 20790060.82300 Recommended Action: Approve the Interagency Service Agreement for American Asphalt South to provide residential slurry seal maintenance services for Maintenance Zones 5 and 2. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: In 2011 the Public Works Department implemented a residential zone maintenance program to address repairs to the City's residential streets, sidewalks, curbs and street trees. The City was divided into 12 maintenance zones with one zone being addressed each year. Zones 2 and 5 represent the last of the original 12 zones. Staff is in the process of evaluating the program and the zone map. This project will rehabilitate the pavement for residential streets in Maintenance Zone 5 (158 streets) City of Huntington Beach Page 1 of 2 Printed on 9/14/2022 powere3h4 Legistar- File #: 22-719 MEETING DATE: 9/20/2022 and Zone 2 (91 streets). Maintenance Zone 5 is bounded by Yorktown Avenue to the north, Beach Boulevard to the east, and Pacific Coast Highway to the south and west. Maintenance Zone 2 is bounded by Garfield Avenue to the north, Bushard Street to the west, Indianapolis Avenue to the south, and the Santa Ana River channel to the east. Work will include limited localized pavement repairs, crack fill, and RPMS slurry seal. American Asphalt South has provided acceptable zone maintenance slurry services for all City Maintenance Zones in the past. Slurry seal is the last item performed to complete a zone. Zone 5 slurry seal will be applied in October. Zone 2 slurry seal will be applied later in 2023. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Maintenance Zones Map 2. Services Agreement with American Asphalt South 3. Certificate of Insurance - American Asphalt South City of Huntington Beach Page 2 of 2 Printed on 9/14/2022 powere3N Legistar- E]� Public Works i Maintenance Zones City of Huntington Beach LEJ + I i � I r �F Ij FT, E r CIO rT _ .F , -a ►� Y� �N Maintenance Zones 2011rd p zone 1 0 Cary®ovidary - _ ! p Zore2 p -1arb1XCisanrea'Rrer O Zore 3 O 5eacres 1 p Zone- — Rep3r ng s:rc GrdIhes 1 O Zore S stead s p zone 5 17 p zone, r ® Zore 3 MainMnance.'_one N..mbers p za+e 9 ® zore 10 O Zore 11 Otter creels .4�. p zore 12 `, _. SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMERICAN ASPHALT SOUTH,INC. FOR SLURRY SEAL SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City,"and American Asphalt South, Inc., a California Corporationy, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of slurry seal services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of Palos Verdes Estates on or about March 10, 2022,referred to as the"City of Palos Verdes Estates Construction Agreement for FY 21/22 Slurry Seal Project Malaga Cove". City desires to"piggyback" on the City of Palos Verdes Estates' Contract pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted, contained in this Agreement, or in conflict with this Agreement,the Parties wish to be bound by the same terms and conditions as the City of Palos Verdes Estates. D. 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 Jeff Petty, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 22-11440/287161 1 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`B." The total sum to be expended under this Agreement, shall not exceed One Million Dollars($1,000,000.00)for 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. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence or as soon as practicable after the execution of this Agreement by City(the "C mmencement Date") and terminates in one year, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. 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, date or programs, maps,memoranda, letters and 22-11440/287161 2 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 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, 22-11440/287161 3 any and all claims arising out of 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) 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 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 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. 22-11440/287161 4 This 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 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 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 22-11440/287161 5 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 to 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 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: Contractor: City of Huntington Beach American Asphalt South, Inc. Attn: Denny Bacon Attn: Jeff Petty 2000 Main Street 19792 El Rivino Road Huntington Beach, CA 92648 Riverside, CA 92509 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. 22-11440/287161 6 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. 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 22-11440/287161 7 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. Confidentia!jty 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. 29. Professional Licenses Contractor shall,through 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 22-11440/287161 8 maintain such permits,licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Atoonney'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 non-prevailing 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. Sienatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also 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. 22-11440/287161 9 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a AMERICAN ASPHALT SOUTH, INC. municipal corporation of the State of a California Corporation California LA By: 1 — "4* ,,,. Mayor �p�,� Print Aarne ITS: (circle one)Chairma Vice President _ City Clerk I/.za/.2Z AND By:_ INITIATED AND APPROV Print name ITS: (circle one)Secretary/Chief Financial Officer/Ass ecrctar Treasurer Director of Public or APPROVED A FORM: City Attorney Ujj R EVIEVNIAND PP OVED: Ci nag r 22-11440/287161 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) American Asphalt South, Inc. will provide all equipment, labor, material and tools to perform the slurry seal Type 2 for Public Works Maintenance Zone 5. B. CONTRACTORS DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-11440/287161 11 Adilh6hl' American Asphalt South, Inc. Date: 04-May-22 To: City of Huntington Beach Address: 17371 Gothard Street Huntington Beach,CA 92647 Attn: Attn: Dereck Livermore Phone: 714 960-8861 From: TIM GRIFFIN Pages: 1 Subject: Public Works Maintenance Zone 5 American Asphalt South, Inc.will provide all equipment, labor, material and tools to perform the following work on the above referenced project. ITEM# DESCRIPTION UNIT QUANTITY UNIT($) TOTAL($) 5 RPMS Slurry Seal Type 2 SF 3,260,870 $0.2300 $750,000.00 TOTAL= $750,000.00 The following inclusions and exclusions apply INCLUSIONS: 1 MOVE-IN CRACK FILL AND TRAFFIC CONTROL FOR OUR WORK EXCLUSIONS: PAVEMENT REPAIRS,STRIPE/MARKER-REMOVAL, REPLACEMENT, PROTECTION,OR REFERENCING,TEMPORARY STRIPING/MARKING OTHER THAN STATED ABOVE NOTE: SUBMITTED BY: _ DATE: 501191 ,'riggRIFFIN ACCEPTED BY: ` _ DATE: www.americanasphaltsouth.com Lic.#784969 MAILING ADDRESS:F0.BOX 310036•FONTANA,CA 92331 •PHYSICAL ADDRESS:19792 EL RIVINO ROAD•RIVERSIDE,CA 92509•(909)427-8276•FAX(909)427-8279 BID SCHEDULE FY 21/22 SLURRY SEAL MALAGA COVE IN THE CITY OF PALOS VERDES ESTATES CITY PROJECT NO. PW-691-21 BASE BID ITEM ESTIMATED EXTENDED NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Mobilization (May Not Exceed 1 5%) LS 1 $ /���00 $ a"w.00 Work Area Temporary Traffic 2 Control LS 1 $ l�Oq $ yp 3 Rubber Polymer Modified Slurry SY 181,000 $ ,7,�d $ (RPMS)—Type 11 Replacement In-kind of 4 Thermoplastic& Painted Pvmt LS 1 $��o�o $�/���� Striping, Markings, Legends and O Raised Pvmt Markers TOTAL BASE BID(In Figures) /' .,� 00 TOTAL BASE BID(In Words) �i}(4wdrrx( lee 44412r�Y� P!4W-1� 7�� e� ��,fr CITY OF PALOS VERDES ESTATES CONSTRUCTION AGREEMENT FOR FY 21/22 SLURRY SEAL PROJECT MALAGA COVE IN THE CITY OF PALOS VERDES ESTATES CITY PROJECT NO. PW-691-21 This Construction Agreement("Agreement")is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by a n d between American Asphalt South, Inc.. (hereinafter referred to as "CONTRACTOR") and the City of Palos Verdes Estates, California, a municipal corporation (hereinafter referred to as"CITY"). RECITALS A. Pursuant to the Notice Inviting Sealed Bids for FY 21/22 Slurry Seal Project in Malaga Cove, bids were received, publicly opened,and declared on the date specified in the notice;and B. On February 8, 2022 CITY's City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR;and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor,equipment and material for the FY 21/22 Slurry Seal Project in Malaga Cove in the City of Palos Verdes Estates. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the FY 21/22 Slurry Seal Project in Malaga Cove in the City of Palos Verdes Estates. The work shall be performed in accordance with the Plans and Specifications dated January 6, 2022, (the "Specifications")on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR'S Bid Proposal and in accordance with the instructions of the Director of Public Works/City Engineer, 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal,General Provisions,Standard Specifications,Plans,Special Provisions,and all referenced specifications, details,standard drawings, and appendices;together with this Agreement and all required bonds,insurance certificates, permits,notices and affidavits;and also,including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (hereafter, "Contract Documents").All of the provisions of said Contract Documents are made a part hereof D-1 as though fully set forth herein. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement,the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these Contract Documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 50 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. S. PREVAILING WAGES: A. Pursuant to Labor Code § 1771 and 1774 - 1776, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code§§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract.The ratio of apprentices to journeymen in such cases will not be less than one to five except: I. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, D-2 or II. When the number of apprentices in training in the area exceeds a ratio of one to five,. or III. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally,or IV. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. VI. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. VII. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations,ex-off icio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement.The record will be kept open at all reasonable hours to the inspection of the body awarding the Agreement and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7,Chapter 1,Article 3 of the Labor Code of the State of California as amended. Labor Code§§1813 requires CONTRACTOR or subcontractor, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,forfeit twenty-five dollars($25)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. Notwithstanding the provisions of Sections 1810 to 1814,inclusive,of the Labor Code, and D-3 notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of CONTRACTOR or subcontractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Palos Verdes Estates and its officers,agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof,or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR,its agents,employees,subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages,penalties,obligations or liabilities and will pay all costs and expenses, including attorneys'fees,expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work,operation or activities hereunder,CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys'fees. CONTRACTOR's obligations under this section apply regardless of whether or not such claim, charge,damage,demand,action,proceeding,loss,stop notice,cost,expense,judgment,civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or bythe D-4 findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved,the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the Agreement as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California.This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior,concurrent,or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS: In accordance with Public Contracts Code§9201,CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of this Agreement. As more specifically detailed in the Contract Documents, CONTRACTOR agrees to indemnify and defend the CITY against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 11. INSURANCE: The CONTRACTOR shall not commence work under this Agreement until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this Agreement the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through D-5 subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California.Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the 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 the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate, for bodily injury, personal injury,and property damage, including without limitation, blanket contractual liability,and a$2,000,000 completed operations aggregate. 2) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement,including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury,personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies;and • Policies shall"follow form"to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. c. Each such policy of insurance provided for in paragraph b.shall: 1) Be issued by an insurance company approved in writing by CITY,which is authorized to do business in the State of California. D-6 2) Name as additional insured the CITY,its officers,agents and employees,and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty(30)days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." S) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 11.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. e. The CONTRACTOR shall,within ten (10)days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a.and b. hereof,or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. f. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow CITY,as additional insured,to satisfy the self-insured retention ("SIR")and/or deductible of the policy in lieu of the Owner(as the named insured)should Owner fail to pay the SIR or deductible requirements.The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by CITY due to the breach. 12. ASSIGNMENT: This Agreement is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a D-7 wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import,special or other taxes and duties applicable to,and assessable against any work,materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.The prices established in the Agreement shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses,permits,insurance,and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Palos Verdes Estates business license,if required under CITY ordinance. 16, RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property,and financial records,adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY: If any portion of these Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified,such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. 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, statements or promise not contained in this Agreement shall not be valid or binding.Any modifications of this Agreement will be effective only if signed by the party to be charged. 19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment.CITY's city manager may execute any such amendment on CITY's behalf. 20. NOTICES:All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this D-8 Agreement. Additionally, such notices may be given to the respective parties at the following addresses,or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail,first-class postage prepaid, and addressed to the party at its applicable address. CITY OF PALOS VERDES ESTATES City Hall,340 Palos Verdes Drive West Palos Verdes Estates,CA 90274 Attention:City Engineer CONTRACTOR: American Asphalt South, Inc. 19792 El Rivino Road Riverside,CA 92509 Attention:Jeff Petty, President 21. DISPUTES: Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contracts Code§§10240-10240.13. 22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 23. NO THIRD PARTY BENEFICIARY: This Agreement and every provision herein is for the exclusive benefit of the CONTRACTOR and the CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR's orthe CITY's obligations under this Contract. 24. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents. 25. ACCEPTANCE OF FACSIMILE OR EMAIL SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, or scanned and delivered via email.Such facsimile or email signature will be treated in all respects as having the same effect as an original signature. 26. GOVERNING LAW:This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County. D-9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No.784969 CONTRACTOR American Asphalt South, Inc. 19792 El Rivino Road Riverside,CA 92509 '� --42 0 o" By: Date Jeff etty, President CITY OF PALOS VERDES ESTATES,CALIFORNIA �— By: Date MAY04 ATTEST: By: Da e C. CL K CONTRACTOR'S Business Phone (909)427-8276 Emergency Phone at which CONTRACTOR can be reached at anytime: (909)427-8276 APPROVED AS TO FORM: TY ATTORNEY 2-23-2022 Date D-10 Premium for Contract Term Subject to Bond No. ES00010689 Adjustments Based on Final Contract Price Premium$ 4,052.00 PERFORMANCE BOND FOR FY 21/22 SLURRY SEAL PROJECT MALAGA COVE IN THE CITY OF PALOS VERDES ESTATES CITY PROJECT NO.PW-691-21 KNOW ALL MEN BY THESE PRESENTS that American Asphalt South, Inc. as CONTRACTOR and Everest einsurance ompany a corporation organized and existing under the laws of the State of Delaware and duly authorized to transact business under the laws of the State of California, as SURETY,are held and firmly bound unto the City of Palos Verdes Estates,as AGENCY,in thepenal sum of Dollars($610,350.00 ),which is 100 percent of the total contract amount for the above-stated project,for the payment of which sum,CONTRACTOR and SURETY agree to be bound,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein,then this obligation shall be null and void,otherwise it shall remain in full force and effect in favor of AGENCY;provided that any alterations In the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Bidder and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned represertative(s) pursuant to authority of its governing body. Dated: February28, 2022 BIDDER: Name: American Asphalt South, Inc. Address: 19792 El Rivino Road Riverside, CA 92509 By,_ _ (Signature) Type Name and Title SURETY: Name: Everest Reinsurance Company Address: 100 Everest Way, Warren Corporate Center, Warren, NJ Q7059 By:� (Signature) Type Name and Title: K. Corey Ward, Attorney-in-Fact Note: This bond must be executed in duplicate and dated,all signatures must be acknowledged before a Notary Public,and evidence of the authority of any person signing as attorney-in-fact must be attached. D-11 * Six Hundred Ten Thousand Three Hundred Fifty Dollars and No Cents ACKNOWLEDGMENT 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 San Bernardino ) On March 1, 2022 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in hisauthorized capacity(ies), and that by his#ted#"-*signature(s) on the instrument the person(e), or the entity upon behalf of which the person(e) 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. a#R1RRRf RYf RRrf fRaRff rRrtf of♦RRRf RR Rfff ,ROSA MARIA ARTEAGA; WITNESS my hand and official seal. COMM#2372221 NOTARY PUBLIC-CALIFORNIA �. f � 9AN BERNAROINO COUNTY R * MY CammbNon EV M AVj9 26.2025 Rfrrttaa#RarrRf Rt#:f rff arf#rraratRRt Rfr Si nature 4ru , Seal ACKNOWLEDGMENT 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__ Butte On February 28, 2022 before me, Elizabeth Collodi, Notary_Public _____ (insert name and title of the officer) personally appeared K. Corey Ward who proved to me on the basis of satisfactory evidence to be the person(&)whose name(E-) is/aye subscribed to the within instrument and acknowledged to me that#e/she/t"executed the same in 4i6/her/t#eif authorized capacity(+es}and that by 4Wher/#'e4 signature(&}on the instrument the person(&)or the entity upon behalf of which the person(63 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. ELRABETH COLLODt COMM,1112392420 NOTARY PUBLIC•CALIFORNIA LO r COUNTY OF BUTTE. Comm.INOM FEB 1,20206 Signature (S s - l ,EVE R rrs\ POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company")having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute,and appoint: Elizabeth Collodi,John Hopkins,K.Corey Ward,John J.Weber,Joseph H.Weber,Marissa Robinson,Renee Ramsey, Sara Walliser,Mindy Whitehouse,Jennifer Lakmann,Deanna Quintero,Bill Rapp,Jason March, Matthew Foster, Tony Clark,Mary Coffins,Kristle Phillips,Claudine Gordon,Michael K.Feeney,Samantha Watkins, Phil Watkins,Brad Espinosa,Paula Senna,Pam Say its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed, where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation Such bonds and undertakings,when duly executed by the aforesaid Attorneys)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the Pres dent and Secretary of the Company and sealed with its corporate seal This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make,execute,seat and deliver for and on behalf of the Company, any and all bonds, undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 28th day of July 2016 e`�SurBh�� Everest Reinsurance Company Q'4Q9.0P41 f O v SEAL 1973 * Attest Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument,that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order LINDA ROBINS j Notary Public,State of New York ' No 01R06239736 Qualified in Queens County Term Expires April 25,2023 Linda Robins,Notary Public IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the Liberty Corner,this 28th day of February___,,--"---2o22 LS 00 01 04 16 / 1 tv ACC)R" CERTIFICATE OF LIABILITY INSURANCE °AT6i16rz©2z MMIDDNYYY) V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER NAMEAC Katie Snell InterWest Insurance Services, LLC PHONE FAX P.O. BOX 8110 • 916.609-8374 Al Nob 916-609-8374 Chico CA 95927-8110 E-D AIL ARESS: ksnell@!Wns.com INSURERS AFFORDING COVERAGE NAICX Lice sett:OB01094 INSURER A:Pennsylvania Mfr's Assn Ins Co 12262 ENSURED AMERASP-02 INSURER B:Travelers Property&Casualty Co of America 25674 American Asphalt South, Inc.PO Box 310036 INSURERC:Westchester Surplus Lines Ins 10172 Fontana CA 92331 INSURER D:Arch Insurance Company 11150 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:642445106 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD/YYYY MM1DDfYYW A X COMMERCIAL GENERAL LIABILITY Y Y 3021011368497 12/31/2021 12131/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE a OCCUR DAMAGE ES TO Ea RENTED PREMIS occurrence $300,000 MED EXP(Any one parson) $10.000 APPROVED AS TO FORI I PERSONAL&AOV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY 0 LOC rv~ PRODUCTS-COMPIOPAGG $2,000,000 OTHER; BY: E.GATE - $ A AUTOMOBILE LIABILITY Y Y 1521011368497 CITY i AW112022 COMBINED SINGLE LIMIT $1,000,000 IX ANY AUTO CITY OF HUN IN t3 1' E a Y I ntBODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSHIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY __ AUTOS ONLY Per c Went) $ B X UMBRELLA LIAR X OCCUR ZUP71 M8933021 12/31/2021 12/31/2022 EACH OCCURRENCE $6,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $6,000,000 DIED I I RETENTION$ $ D WORKERS COMPENSATION ZAWC19413905 4/112022 4/1/2023 X AND EMPLOYERS'LIABILITY STAT Y UTE ER ANYPROPRIETORIPARTNERIEXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICEWMEMBER EXCLUDED9 (Mandatory In NH) E,L.DISEASE-EA EMPLOYEE $1,000,000 If yS describe under DESCRIPTION OF OPERATIONS batow E.L.DISEASE-POLICY LIMIT $1.000,000 C Pollution Liability G70915613003 6127/2/20 112712022 Each Pollution Condit 2.000,000 AOedvcl Is Limit 2.000,000 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured status applies to requested entities,if required by written contract,per the attached policy forms/endorsements, Waiver of subrogation applies to requested entities,if required by written contract,per the attached policy forms/endorsements. Primary non-contributory applies to requested entities, If required by written contract,per the attached policy fornls/endorsements. Re:Additional Insured Status Applies as required by written Contract per endorsement attached to the City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers. 30 Day Notice of Cancellation applicable,if required by contract,except for 10 for non payment of premium. If any policy(s)is cancelled,notice Will be delivered in accordance With policy provisions. 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. Risk Management Specialist 2000 Main Street AUTHO IZEDREPRESENTATIVE Huntington Beach CA 92648 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number:3021011368497 COMMERCIAL GENERAL LIABILITY CG 2010 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 Person(s) Or Organizations : Locations Of Covered Operations The City of Huntington Beach, its officers,elected or As Required by Written Contract. appointed officials,employees, agents and volunteers 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 or- additional insureds, the following additional exclu- ganization(s) shown in the Schedule, but only with sions apply: respect to liability for"bodily injury", "property dam- This insurance does not apply to "bodily injury" or age" or"personal and advertising injury" caused, in "property damage" occurring after: whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or ie- behalf; pairs) to be performed by or on behalf of the ad- in the performance of your ongoing operations for ditional insured(s) at the location of the covered the additional insured(s) at the location(s) desig- operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc„ 2004 Page 1 of 1 POLICY NUMBER: 3021011368497 COMMERCIAL GENERAL LIABILITY CG 20 37 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 Or anizatlon s : Location And Description Of Completed Operations The City of Huntington Beach, its officers,elected or As Required by Written Contract appointed officials,employees, agents and volunteers 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 in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" 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". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER:1521011368497 COMMERCIAL AUTO CA 04 4911 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 the 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 such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or 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 primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 4911 16 0 Insurance Services Office, Inc., 2016 Page 1 of 1 Westchester A Cimhh Company ADDITIONAL INSURED ENDORSEMENT—ONGOING WORK OR OPERATIONS Named Insured Endorsement Number American Asphalt South, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G70915613 003 8/27/2020 To 8/27/2022 8/27/2020 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed otdy when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s)or Organization(s): As required by written contract or agreement signed by both parties prior to a loss to which this insurance applies, (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies, 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 insureds. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds,the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations,including materials,parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed;or ENV-3250(12/18) Includes copyrighted material of Insurance Set-vices Office,Inc.with its permission Page t of 2 (221ot2.t) Westchester A Chubb Compaq b. That portion of yotw 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 the additional insured as a part of the same project. C.With respect to the insurance afforded to these additional insureds,the following is added to SECTION III—LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance; i.Required by the contract or agreement;or S. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3250(12/18) Includes copyrighted material of Insurance Services Office,Inc.with its permissiol Page 2 of 2 (221012.1) Westchester A Chnbh Company ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number American Asphalt South, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G70915613 003 8/27/2020 To 8/27/2022 8/27/2020 Issued By(Name of Insurance Company) Westchester Surplus lines Insurance Company Insert the policy number.The remainder of the infomtation is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Flame of Person or Organization: As required by written contract or agreement signed by both parties prior to a loss to which this insurance applies. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II —WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused,in whole or in part,by your negligence or the negligence of those acting on your behalf. However: x. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III- LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. El NV-3251(12/18) Ilicludes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 (221012.2) Westchester A Chubb Comit:my PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE CONDITION Named Insured Endorsement Number American Asphalt South, Inc, Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G70915613 003 8/27/2020 To 8/27/2022 8/27/2020 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insect the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to,and will not seek contribution from,any other insurance available to an additional insured under this policy,provided that: a. The additional insured is a named insured under such other insurance;and b. The named insured has agreed in a written contract or agreement that this insurance would: (i) act as primary insurance;and (2)would not seep,contribution from any other insurance available to the additionalinsured. All other terms and conditions of this policy remain unchanged. ENv-3253(12-18) Includes copyrighted material of Insurance Services Office,Inc,with its permission Page 1 of i (266562.2) WAIVER OF TRANSFER OF RIGHT'S OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number American Asphalt South, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G70916613 003 8/27/2020 To 8/27/2022 8127/2020 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143(03-05) Includes copyrighted material of Insurance Services Office,Inc.with Its permission Page 1 of 1 POLICY NUMBER:1521011368497 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:American Asphalt South, Inc, Endorsement Effective Date:12/3112021 SCHEDULE Name Of Person(s)Or Organization(s): As required by written contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in ParagraphA.1.of Section 11-Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I-Covered Autos Coverages of the Auto Dealers Coverage Form. ©Insurance Services Office, Inc. Policy Number:3021011368497 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTNER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the 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 from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other insurance; and CG 20 01 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 AGENT POLICY NUMBER:1521011368497 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:American Asphalt South, Inc. Endorsement Effective Date:12/31/2021 SCHEDULE Name(s) Of Person(s) Or Organ izatio n(s): As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the"loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:3021011368497 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 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 SCHEDULE Name Of Person Or Organization: Where required by written contract or Agreement. information required to complete this Schedule, if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV--Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be INCL % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION WHERE ALL JOBS UNDER CONTRACT WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-01-2022 Policy No. ZAWCI9413905 Endorsement No. Insured AMERICAN ASPHALT REPAIR Premium $ INCL. Insurance Company ARCH INSURANCE COMPANY Countersigned By m 1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved, From the WCIRB's California Workers'Compensation Insurance Forms Manual O 1999. City of Huntington Beach [Oki INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Sean Crumby, Director of Public Works DATE: September 19, 2022 SUBJECT: SUPPLEMENTAL COMMUNICATION FOR AMERICAN ASPHALT SOUTH ZONE SLURRY MAINTENANCE SERVICE AGREEMENT (RCA 22-719). Revised Statement of Issue(for clarification): Approve an interagency service agreement with American Asphalt South and the City of Huntington Beach utilizing the interagency service agreement from the City of Palos Verdes Estates formal procurement process to provide residential slurry seal maintenance services for Maintenance Zones 5 and 2 (see attached Maintenance Zone map). c: City Clerk SUPPLEMENTAL COMMUNICATION l Date• ._glro2oldv�a - Agenda reM NO-' - �� Cl) L HIsid,� � � r c � d t- � � O N } (CO M�J N N N .�_ N 8 Iv m t� N N N N O O O O p k7 N a ® 0 0 0 0 0 0 0 O O N N N S a V O N N N N N N N N N �e N N CO -T U) c0 f- ap C1 N N N N N N N N� N N N N dam C C C C C C C C C C C C= 3 = o 0 0 0 0 0 0 0 0 0 0 o = N N N N N N N N N N N N r ANN z -- -----_--------_----_ _-_-___--- Z w > Q s o Z I 1 U / W l m K W K z t w N-Im z w 0 N 1ur z I C f t p t i .Y i a fill �c a i m Q a a _ � Y y City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB•I),1909,P0' � Office of the City Clerk Robin Estanislau, City Clerk September 27, 2022 American Asphalt South, Inc. Attn: Jeff Petty 19792 El Rivino Road Riverside, CA 92509 Dear Mr. Petty: Enclosed is a fully executed copy of the Service Agreement between the City of Huntington Beach and American Asphalt South, Inc. for Slurry Seal Services, approved by City Council on September 20, 2022. Sincerely, �4� FAQ Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan