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Hardy & Harper-2018-28
2018-28 CONTRACT AGREEMENT THIS CONTRACTORS AGREEMENT("Agreement") is made and entered into this 26th day of June 2018, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and Hardy & Harper, Inc. ("Contractor"), a California Corporation. 1. Scope of Services. Contractor shall perform all the services as described as follows: a) For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule of the City's Specification, in accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools and services necessary therefor, except those materials, equipment, tools and services as may be stipulated in said specification to be furnished by said City and to do everything required by this Agreement and the said Specifications and Drawings. b) The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. c) In entering into a Public Works Contract for a subcontract to supply goods, services or materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, services, or materials pursuant to the Public Works Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 2. Term. This Agreement shall be effective on the date first written above and the Agreement shall remain in effect for 60 days or until terminated as provided herein. 3. Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed $756,000. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Citv To D-1 City of Grand Terrace Hardy &Harper, Inc. 22795 Barton Road 1312 E. Warner Avenue Grand Terrace, CA 92313 Santa Ana,CA 92705 5. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof, the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Contractor shall exercise the reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8. Personnel. Contractor shall famish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Contractor and his employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Contractor to Contractors employees, subcontractors and agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an employer. 11. PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer D-2 contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 12.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13. Insurance. 13.1 General Provisions. Prior to the City's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverage's in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverage's may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A-or higher and a Financial Class of VI1 or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by D-3 Contractor pursuant to this Agreement are adequate to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as deems adequate, at Contractor's sole expense. 13.2 Workers' Compensation Insurance: By executing this Agreement, certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Contractor shall cant' the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self- insured for such coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City and the City, and its officers, employees and agents, shall be named as additional insured's under the Contractor's insurance policies. 13.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent 's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor's performance of this Agreement, which vehicles shall include, but are not limited to, owned vehicles, leased vehicles, Contractor's employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insured's. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insures under this policy, solely for work done by and on D-4 behalf of the named insured for the City of Grand Terrace. 13.4 Subcontractors' Insurance. Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or Ioss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverage's: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverage's required by this section. 14. Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15. Time of Essence. Time is of the essence for each and every provision of this Agreement. 16. City's Right to Employ Other. City reserves the right to employ other in connection with the Services. 17. Solicitation. Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 14. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City. 20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any or all of professional's services and work covered by this Agreement at any time, with or without cause. In the event of such termination, Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 16 and 21 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. D-5 20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: 20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 2I. Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by, Contractor either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Specifically, Government Code Section 9204 (A summary of which is attached hereto as Attachment "A"). If any disputed portion of the claim is not resolved with the procedure set forth in Attachment "A", prior to commencing suit in a court of competent jurisdiction, any unresolved portion of any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 24. Alternative Dispute Resolution. In the event that there is any controversy,dispute or claim arising out of or relating to this Agreement, which have not been resolved pursuant to the process outlined in Attachment"A", the parties hereto shall consult and negotiate with each other and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to nonbinding arbitration ("Process") by written notice from either party to the other. The parties shall meet and confer in good faith and select an arbitrator that is agreeable to both sides. The Process shall be completed no later than 120 days ("Process Period") after tender of the aforementioned written notice, unless the Parties mutually agree to an extension of the Process Period. if the matter is not successfully resolved by the Process, within the Process Period, the parties are free to commence litigation in a court ofcompetent jurisdiction as defined in Section D-6 23 herein. Any litigation commenced without both parties' consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear the cost of the Process. 25. Nondiscrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12944 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document,shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. D-7 IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY-OF GRAND TERRACE, A public body By: roId�ffe'y i Mana Attest:91 ,of 0,/"4��a� Debra L. Thomas City Clerk APPROVED FO 1%4: ichard L.Adams II City Attorney CONTRACTOR By: 5/ � Steve Kirschner - Vice President [Printed Name and Title) b-8 ATTACHMENT"A" SUMMARY OF PUBLIC CONTRACT CODE § 9204 A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following: • A time extension, including relief from penalties for delay; • Payment by the City of money damages under the terms of the contract; • Payment of an amount that is disputed by the City. Initial Review The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement,the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement. Meet& Confer If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim.The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement. Mediation With respect to any disputed portion remaining after the meet and confer,the City and contractor must submit the matter to nonbinding mediation,agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute. Miscellaneous Provisions Amounts not paid by the City in a timely manner bear interest at 7%per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures D-9 PROPOSAL FOR PAVEMENT REHABILITATION PROJECT Bids due no later than 11:00 AM on Tuesday, June 13 2018 at the office of the City Clerk. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the"CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: "PAVEMENT REHABILITATION PROJECT". All in strict conformity with the specifications and other Contract Documents, including Addenda No. #1 , and on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME Hardy&Harper,Inc Vice President TITLE Santa Ana 92705 CITY ZIP CODE TELEPHONE ( 714 } 444 IB51 CONTRACTOR'S LICENSE"A" NO. 215952 D1R REGISTRATION NO. 1000000076 C-1 BID SCHEDULE t FOR PAVEMENT REHABILITATION PROJECT BIDDER: Hardy&Harper,Inc (Company Name) BASE BID: ITEM O RIPTION OF ITEMS ESTIMATED UNIT OF UNIT TOTAL NO. QUANTITY MEASURE PRICE COST 1 MOBILIZATION (NOTTO 1 LUMP SUM EXCEED 5%OF TOTAL BID) 2 SURVEY MONUMENT 1 LUMP SUM 3 TRAFFIC CONTROL 1 LUMP SUM 4 CLEARING AND GRUBBING 1 LUMP SUM a � a 5 STORM WATER POLLUTION 1 LUMP SUM PREVENTION PLAN o 1.1100.00 6 REMOVE AND REPLACE CURB AND LINEAR GUTTER TO MATCH EXISTING 3000 FEET 7 REMOVE AND REPLACE STANDARD 15 EACH AND MODIFIED ADA CURB RAMPS TO LATEST ADAAG SA00.00 8 REMOVE AND REPLACE PAVEMENT 1 LUMP SUM STRIPING IN THERMOPLASTIC AND RAISED PAVEMENT MARKERS TO MATCH h1offi.60 060,00 9 MIX DESIGN,TESTING AND LUMP QUALITY CONTROL PROGRAM 1 5UM FOR RUBBERIZED HOT MIX ASPHALT(DENSE GRADED) 5 PULVERIZE 4'AC&PLACE 2.5' 10 PULVERIZED MISC BASE&1.5" RHMA(DENSE-GRADED) 3,864 SQUARE ARLISS LANE: FEET FROM CUL OE SAC TO ARLISS DRIVE 11 PULVERIZE 4"AC&PLACE 2.5" PULVERIZED MISC BASE&1.5" RHMA(DENSE-GRADED) 6,727 SQUAREFEET ARLISS LANE: FROM ARLISS DRIVE TO CUL DE SAC 0 c 3 ADDITIVE BID SCHEDULE 1: ITEM DESCRIPTION OF ITEMS ES71MATED UNITOF UNIT TOTAL NO. QUANTITY MEASURE PRICE COST PULVERIZE 4"AC&PLACE 2.5"PULVERIZED MISC BASE&1 5"RHMA(DENSE- 600 SQUARE GRADED) 9, FEET VISTA GRANDE WAY: GRAND TERRACE ROAD TO NORTH END OF DOG PARK 2 PULVERIZE 4"AC&PLACE 2 5"PULVERIZED MISC SASE&1 5-RHMA(DENSE- 72fl SQUARE GRADED) 10, FEE MINONA COURT: MINONA DRIVE TO CUL DE SAC \. 3 CRACK SEAL I TYPE 11 SLURRY WITH 2.5%LATEX GLENDORA DRIVE: 52,672 SQUARE FROM BARTON ROAD TO FEET END OF STREET 4 CRACK SEAL 1 TYPE II SLURRY WITH 2.5%LATEX PASCAL AVENUE: 34,080 SQUARE FROM DE BERRY STREET FEET TO COS 03A 9.11A.10 5 CRACK SEAL 1 TYPE 11 SLURRY WITH 2.5%LATEX 5,301 SQUARE ARLISS WAY: FEET FROM CDS TO ARLISS DRIVE CRACK SEAL 1 TYPE II 6 SLURRY WITH 2.5%LATEX ETON DRIVE: 48,384 SQUARE FROM THAMES STREET TO FEET PRESTON STREET CRACK SEAL 1 TYPE 11 7 SLURRY WITH 2.5%LATEX PALM COURT: 6,880 SQUARE FROM PALM AVENUE TO FEET CUL DE SAC 0, CRACK SEAL 1 TYPE II 8 SLURRY WITH 2.5%LATEX W.LITTON AVENUE: 19,648 SQUARE FROM S.ROSEDALE FEET AVENUE TO S.LA CADENA 0, CRACK SEAL 1 TYPE 11 9 SLURRY WITH 2.5%LATEX 35.904 SQUARE MIRIAM WAY: FEET FROM ARLISS DRIVE TO KINGSTON STREET p, A fl CRACK SEAL 1 TYPE 11 SLURRY WITH 2.5%LATEX SQUARE ROBIN WAY: 36.256 FROM WARBLER AVENUE FEET TO ORIOLE AVENUE O� L� C-5 22 CRACK SEAL/TYPE II SLURRY WITH 2.5%LATEX SQUARE FLAMINGO STREET: 8 864 FEET FROM MICHIGAN AVENUE TO CUL DE SAC 23 CRACK SEAL ITYPE II SLURRY WITH 2.5i LATEX SQUARE NANDIN4 STREET: 40 240 FEET PRESTON STREET TO CANARY COURT /t G CRACK SEAL!TYPE It 24 SLURRY WITH 2 5%LATEX SQUARE PASCAL AVENUE: 98,016 FEET FROM VICTORIA STREET TO CARHART AVENUE arm 25 CRACK SEAL/TYPE 11 SLURRY WITH 2.5%LATEX 18,840 SQUARE ROYAL AVENUE: FEET FROM PICO STREET TO END 92A Q 2B CRACK SEAL/TYPE 11 SLURRY WITH 2.5%LATEX 10.632 SQUARE VIVIENDA AVENUE: FEET. TERRACE AVENUE TO MAPLE AVENUE 27 AC DIG-OUTS 5,00{} SQUARE 40 _ o 28 REMOVE AND REPLACE LUMP PAVEMENT STRIPING IN THERMOPLASTIC AND RAISED SUM PAVEMENT MARKERS TO MATCH I 114614A rant.kq TOTAL ADDITIVE BID SCHEDULE 1: (WORDS) (FIGURE) BASIS OF AWARD: THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER.THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL BASE BID WITH THE MOST ADDITIVE BID OPTIONS INCLUDED WHILE NOT EXCEEDING THE CONTRACT AWARD LIMIT. O.7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Bidder's Name Hardy&Harper,Inc Business Address 1312 East Warner Ave Santa Ana,CA 92705 Telephone 714.444 1951 State Contractors License "A" No. 215952 Original Date Issued 3113163 Expiration Date DIR Registration No. 1000000076 The following are the names, titles, addresses, and telephone numbers of ail individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: Fred T.Maas.Ir-President,Treasurer, 1312 E.Warner Ave.,Santa Ana,CA 92705(714)444-1851 Dan T.Maas-CEO;1312 E.Warner Ave,Santa Ana,CA 92705(714)444-1851 Steve Kirschner-Vice President-,1312 E.WarncrAvc..Santa Ana,CA 92705(714)444 1851 Kristen S.Pau lino-Secretary; 1312 E.Warner Ave.,Santa Ana,CA 92705(714)444 185t The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows: None All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: None C9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 fl See Attached Document(Notary to cross out lines 1-6 below) C See Statement Below (Unes 1-6 to be completed only by document signer[s],not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2(If any) 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 Subscribed and sworn to (or affirmed) before me County of Orange on this 11 day of June , 20 18 , by Date Month Year nr+A PtanM (and (2) ), ..,•,. COMM.N2149384 a Name(,/of Signer(j) t Notary Public-Calllamia s oRANCEcOUNTY roved to me on the basis of satisfactoryevidence :r Mycomm �ms*17,2020 to be the person who appeared before me. ov Signature Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Information Document Date: June 11,2018 Number of Pages:?,_Signer(s)Other Than Named Above: None 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800.876.6827) Item 95910 REFERENCES The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years. Contract Annual Contract CllenUAgency Contact Namerrltle Yeas Type or Work Performed Amount Name Phone Number Please see attachment"A" C i? PUBLIC WORKS REFERENCES Attachment A 2016/2017 Owner/Agency Contact Project (Amount & Completion Date) City of Jurupa Valley Mike Myers T.R.I.P Pavement Rehabilitation 8930 Limonite Ave (951) 332-6464 Prase I Jurupa Valley, CA 92509 mmyers@iurugavalley are $1,254,012.21 03117 City of Jurupa Valley Chase Keys Citywide Pavement Rehab 8930 Limonite Ave (951) 332-6464 Phase 3 Jurupa Valley, CA 92509 ckeysiuruaavallexorn $715,427.03 3/17 City of Rancho Cucamonga Romeo M. David Red Hill Park Pedestrian Trail 10500 Civic Center Drive (909) 477-2740 Renovation Project Rancho Cucamonga, CA 91730 Romeo.Qavid@cityofrc us, $171,888.70 3117 City of Riverside Ben Hatheway 2015/2016 CDBG Street and 3900 Main Street (951) 826-5561 ADA Footpath Improvement Riverside, CA 92522 13Hathewav atadversideca.00y $980,681.29 5117 City of Signal Hill Anthony Caraveo Willow Street Improvement 2175 Cherry Ave (562) 989-7352 Project Signal Hill, CA 90755 acaraveo( ttvofstonathill.orq $922,100.43 6117 City of Laguna Hills Frank Tran Arterial Pavement Management 24035 El Toro Rd (949) 644-3340 Project Street Rehabiltation Laguna Hills ftran0newportbeachca.00v $1,375,406.90 6117 City of Highland John Egan West Highland Bikeways 27215 Base Line (909) 890-1255 Infrastructure & Pavement Impr_ Hi hland, CA 92346 iegan@erscinc.com $2,678,788.77 7117 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza (949) 724-6000 Center Drive Bid No. 17-1160 Irvine, CA 92623 bbrowrt0,)-cityofrvine.o[g $2,453,343.83 7117 City of Pasadena Tony An Preventitive Maintenance of 100 N. Garfield Ave (626) 744-7403 Street 2016 Pasadena, CA 91109 tan@cilyofoasadena.net $945,932.59 8117 City of Ontario Miguel Sotomayor ATP Cycle I Safe Routes to 303 East B Street (909) 395-2108 School Sidewalk Improvements Ontario, CA 91764 mgotomaygroontsirioca.ggy $824,850.88 10117 City of Inglewood Hunter Nguyen Streets &Alleys Rehabilitation One Manchester Blvd (310) 412-5333 Project Inglewood, CA 90301 hhunJ2[@c11yofinc1 ewood.org $2,639,330.06 11117 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document., State of California } County of Orange } On Jrin_ 11. 9niFt before me, Tna Pham. Notafy PuW]r--- Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Nameli of Signe#) who proved to me on the basis of satisfactory evidence to be the person(s) whose nami is/alb subscribed to the within Instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacitylies),and that by his/her/their signatures)on the instrument the person(B). or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. _ TINA PHAM COMM.0=49384 .+ WITNESS my hand and official seal. :•'ia Notary Public-Califarnla }' r ORANGE COUNTY • My Comm EzpiresApr17.2020 Signature- Sighature of Notary Public Place Notary Seal Above OP7701VAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document TWe or Type of Document: Non-Collusion Affidavit Document Bate: June 11. 208 Number of Pages: 1 Signer(s) Other Than Named Above: N n Capacity{ies)Claimed by Signer(s) Signer's Name: Steve KirachneE Signer's Name: ©Corporate Officer—Title(s): viCR Prpcirtpnt -_ - ❑Corporate Officer —Title(s): ❑Partner— ❑Limited O General El Partner— ❑Limited ©General ❑Individual ❑Attomey in Fact 13 Individual ❑Attomey in Fact ❑Trustee 0 Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper,Inc _ 02014 National Notary Association•www.NationaiNotary.org•1-800-US NOTARY(1-800-876-6827) Item MS907 M IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. PRINCIPAL: HmmWwamer. I G-00 Y'nMri r-v 1Gt;P tesia" Fl an ep ampany of Maryland BY: Shtrunna Rozalle trom,Attom - -Fact SEAT_ C-l5 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 Orange On June l 1,2018 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by hislhedtheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ZZ CM AN A WITNESS my hand and official seal. ' ""'' M eo�MK#2241394 v In Notary Pubk,001omia R ORANGE COUNTY a (� [� �\ My Comm.EvIms may 22,2022 Sign ature4W�C1v\3J�c►1r1JRC[. o (Seal) Melissa Ann Vaccarc EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section 9,Anornevs-in-Face. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority io execute bonds, policies, recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attontcy-in-fact to affix the corporate scat thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE i I, the undersigned, Vice President of the ZUIUCH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the farcgoing Power of Attorney is still in full farce and effect on the date of this cenificate;and I do further certify,that Article V,Section 8,of the By-Laws of the Companies is still In force. This]lower of Attorney and Certiflc-ate may be signed by facsimile under and by authority of the following resolution of the Board of Dircctors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I5th day of December 1998. RESOLVED, "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile an any Power of Auontey,.,Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994.and the fallowing resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a mmung duly called and held on the I Oth day of flay. I990. RESOLVED- "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of anv Vice-President.Secretary.or Assistant Secretary ai'the Company,whether made heretofore or hcreatler,wherever appearing upon a certified copy of any power of anorney issued by the Company.shall be valid and binding upon the Company with the:same force and effect as though manually affixed. IN TESTINIONY WHERE-Or,I have hereunto subscribed my name and of ixed the corporate seals ofthe said Companies. this 11t day of June 201 L. m. a ttw JI�L i G Michael C.Fay,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND;NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.zurichna.com/en/claims GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 1.01 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.02 ENGINEER The word "Engineer" shall mean the Director of Public Works or individual authorized by the City to oversee the execution of this Contract, acting either directly or through properly authorized agents, each agent acting only within the scope of authority delegated to him by the Engineer. 1.03 CONTRACTOR The word "Contractor" shall mean the party entering into Contract with the City for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents. 1.04 SUBCONTRACTOR The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for performance at the site of the work, of any part of the Contractor's obligation under the Contract. The Contractor, shall in his bid offer, set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total bid. (b) The portion of the work which will be done by each such subcontractor under this contract shall be listed individually. The prime Contractor shall list only one subcontractor for each such portion as is defined by the prime Contractor in his bid. F. I 1.05 CONTRACT The word "Contract" shall mean the Contract Documents and shall include the written Agreement entered into by the City and the Contractor for the performance of work described in the specifications and shown on the Drawings, together with the Notice Inviting Bids, the Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of bids, and all change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded. 1.06 SPECIFICATIONS The word "Specifications" shall mean the General Conditions of the Contract and the Special Provisions of the Contract, together with all addenda and change orders issued with respect thereto. STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 2015 Edition, commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as modified herein. 1.07 DRAWINGS The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the Specifications which show the location, nature, extent and form of the work together with applicable details_ 1.08 COUNCIL The City Council of the City of Grand Terrace. 1.09 ENGINEERS ESTIMATE The lists of estimated quantities of work to be performed as contained in the Contract Documents. 1.10 INSPECTOR The representative of the Engineer or Director of Public Works who is assigned to inspect conformance of the work in accordance with plans and specifications. 1.11 OVERLAY A supplemental surface course placed on an existing pavement to improve its surface conformation or increase its strength. 1.12 ROADBED That portion of the street included between the outside lines of curbs or paving. 1.13 STANDARD PLANS Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department of Transportation. 1.14 SURFACE COURSE The top layer of pavement (exclusive of open graded A.C.), designed to provide structural values and a surface resistant to traffic abrasion. 1.15 TRAVELED WAY That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to certain lanes, with the approval of the City Engineer, these diversions or restricted lanes become the traveled way. 1.16 RIGHT-OF-WAY Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public Easements. L 3 SECTION 2 -SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.01 INTENT OF SPECIFICATIONS AND DRAWINGS The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor, materials, equipment and services, except as may be specifically noted otherwise, which are required or necessary to fully complete the work. 2.02 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.03 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the Engineer. 2.04 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS In case of conflict between the Specifications and the Drawings, the Specifications shall govern over the Drawings. In cases of conflict between the General Conditions and Special Provisions of the Specifications, the Special Provisions shall govern over the General Conditions. 2.05 SHOP DRAWINGS (a) Wherever called for in these Specifications or on the Drawings, or where required by the Engineer, the Contractor shall furnish to the Engineer for review, 7 prints of each shop drawing. The term "Shop Drawing" as used herein shall be understood to include detail design, calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc. Unless otherwise required, said drawings shall be submitted at a time sufficiently early to allow review of same by the Engineer, and to accommodate the rate of construction progress required under the Contract. (b) All shop drawing submittals shall be accompanied by a letter of transmittal identifying Contractor, fabricator and subcontractor. The Contractor may authorize a material or equipment supplier to deal directly with the Engineer with regard to shop drawings, however, ultimate responsibility for the accuracy and completeness of the information contained in the submittal shall remain with the Contractor. (c) Normally, a separate transmittal shall be used for each speck item or class of material or equipment for which a submittal is required. Transmittal of shop drawings on various items using a single transmittal, will be permitted only when the item taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole. (d) Within 15 calendar days after receipt of said prints, the Engineer will return prints of each E4 drawing to the Contractor with his comments noted thereon. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of drawings. The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second transmission. (e) If 3 prints of the drawing are returned to the Contractor marked "NO EXCEPTIONS TAKEN", formal revision of said drawing will not be required. (f) If 3 prints of the drawing are returned to the Contractor marked "MAKE CORRECTIONS NOTED",formal revision of said drawing will not be required. (g) If one print of the drawing is returned to the Contractor marked "AMEND - RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (h) If one print of the drawing is returned to the Contractor marked "REJECTED - RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (1) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent shop drawings and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or "AMEND - RESUBMIT". Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor's having to make the required revisions to shop drawings (unless review by the Owner or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the Owner's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the Owner will be limited to checking for general agreement with the Specifications and Drawings, and shall in no way relieve the Contractor of responsibility for errors or omissions contained therein nor shall such review operate to waive or modify any provision contained in the Specifications or Contractor drawings. Fabricating dimensions, quantities of material, applicable code requirements, and other Contract requirements shall be the Contractor's responsibility. 2.06 REFERENCE TO STANDARDS OR PUBLICATIONS Any reference made in the Specifications or Drawings to any specifications, standard, or publication of any organization shall, in the absence of a specific designation to the contrary, be understood to refer to the latest edition of the specification, standard, or publication in effect as of date of advertising the work. 2.07 REFERENCE TO PROPRIETARY PRODUCTS Where references to proprietary products appear in the Specifications or Drawings, it is for the purpose of establishing an acceptable standard of equality or design. Unless a substitute is T: ; expressly prohibited, the Contractor may request approval of a substitute for any such proprietary product. Such request must be in writing and must include descriptive literature, specifications, test reports, or samples, as appropriate, to enable the Engineer to determine the acceptability of the product proposed for substitution. No substitute product shall be used on the work until written approval has been received from the Engineer. 2.08 SPECIFICATION AND DRAWINGS FURNISHED TO THE CONTRACTOR The Owner shall furnish the Contractor 5 sets of Specifications, together with reduced drawings (if any) and 5 sets of full-scale Drawings. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.01 ENGINEER'S AUTHORITY (a) The Engineer will decide all questions which may arise as to the quality and acceptability of materials and equipment furnished, work performed, rate of progress of the work, interpretation of the Specifications and Drawings, and all questions as to the acceptable fulfillment of the Contract by the Contractor. (b) Any difference which may arise between the Contractor and any other contractors also under the surveillance of the Engineer will be arbitrated by the Engineer; however, the Engineer will not arbitrate disputes between the Contractor and his subcontractors. 3.02 ARBITRATION Any controversy or claim arising out of or relating to this Contract which cannot be resolved by mutual agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association. 3.03 RIGHT-OF-WAY (a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the Owner as shown on the Drawings. Nothing contained in the Specifications or Drawings shall be interpreted as giving the Contractor exclusive occupancy of the lands or right-of-ways provided. Any additional lands or right-of-ways required for construction operations shall be provided by the Contractor at his own expense. (b) Except as may otherwise be provided, the Contractor shall secure, from the agencies having jurisdiction, the necessary permits to create obstructions, to make excavations if required under the Contract, and to otherwise encroach upon right-of-ways, and present evidence to the owner that such permission has been granted, before work is commenced. Regulations and requirements of all agencies concerned shall be strictly adhered to in the performance of this Contract, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. (c) The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline, any telephone, telegraph, or electric transmission line, fence, or any other structure, nor enter upon the right-of-ways involved until notified that the Owner has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of his intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or structure, and for replacing same. The Contractor shall not be entitled to any extension of time or extra compensation on account of any postponement, interference, or delay caused by any such pipeline, transmission line, fence, or structure being on the line of the work except as provided in Section 3.04. 3.04 CONSTRUCTION INTERFERENCES E-7 (a) As used in this section, the word "Utility" shall be understood to include tracks, overhead or underground wires, cables, pipelines, conduits, ducts, sewers or storm drains. As used in this Section, the term "Service Connection" shall be understood to mean all or any portion of a pipeline (including sewer house laterals), conduit, wire, cable or duct, including meter, between a utility distribution line and an individual customer, or customers when served by a single service connection. As used in this Section, the term "Construction Interference" shall be understood to include any utility or service connection within the limits of excavation or over excavation required for the work under the Contract as shown or as ordered by the Engineer, or any utility or service connection located in the space which will be required by any of the work under this Contract. (b) In the event any utility or service connection is required to be disturbed or removed to permit construction of a pipeline or other structure under the Contract, such disturbance or removal shall be done only with the approval of the Engineer and following notification to the Owner of the interfering utility or service connection. Any such utility or service connection removed or otherwise disturbed shall be reconstructed as promptly as possible in its original or other authorized location in a condition at least as good as prior to such removal or disturbance, subject to the inspection of the owner of same. The Contractor's responsibility under this Section to remove or replace shall apply even in the event such damage or destruction occurs after backfilling. The Owner of the utility or service connection shall be notified immediately after damage or destruction occurs or is discovered. (c) During the performance of the work under this Contract, the Owner of any utility affected by the work shall have the right to enter when necessary upon any portion of the work for the purpose of maintaining service and of making changes in or repairs to said utility. (d) The Drawings show the approximate positions of known utilities in the immediate vicinity of the work, but the City does not guarantee that all existing utilities are shown. Service connections normally are not shown on the Drawings. The Contractor, before commencing any excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall immediately notify the Engineer of the existence of same. The City will not be liable for any consequences arising as a result of a service connection being incorrectly located in the field by the agency having jurisdiction over said service connection. "--Notwithstanding any provisions to the contrary contained in Section 4215 of the California Government Code, the provisions of which are hereby waived by the Contractor." (e) All costs involved in removing, relocating, protecting supporting, repairing, maintaining or replacing a main trunkline or utility facility which actually constitutes a construction interference, when said utility is not shown with reasonable accuracy as an interference or is omitted from the Drawings, will be paid for by the Owner as extra work. In such case, the Owner will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work. The Owner's obligation to repair damage to such a facility and to compensate the Contractor for idled equipment shall not extend to damage resulting from the failure of the Contractor to use reasonable care. (f) All costs involved in removing, relocating, protecting, supporting, repairing, maintaining or replacing any utility or service connection other than those described in L 8 Subsection (e) herein shall be borne by the Contractor. (g) The Contractor shall not be assessed liquidated damages for failure to complete the work on time to the extent that such delay was caused by failure of connection to authorize or otherwise provide for its removal, relocation, protection, support, repair, maintenance and replacement. (h) The City reserves the right, upon the determination of the actual position of existing utilities, and service connections, to make changes in alignment or grade of the Owner's pipelines when, by so doing, the necessity for relocation of existing utilities or services connections will be avoided. Such changes will be ordered in writing by the Engineer. Where applicable, adjustment in the Contract price will be on the basis of the unit prices stated in the Bidding Schedule. Where unit prices in the Bidding Schedule are not applicable, adjustment in Contract price will be in accordance with Section 5.02. 3.05 LINES AND GRADES (a) Lines and Grades shall be provided by the Owner to the extent specified in Special Provisions. (b) The Contractor shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by his employees, he shall be liable for the cost of their replacement. 3.06 LEGAL ADDRESS OF CONTRACTOR The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or other communication shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by written notice signed by the Contractor and delivered to the Engineer. 3.07 CONTRACTOR'S SUPERINTENDENCE A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall provide competent supervision of the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given by the Engineer to the superintendent shall be considered given to the Contractor. If the superintendent is not present on a part of the work where the Engineer desires to give instructions, such instructions may be given by the Engineer to the foreman in charge of the particular work to which the instructions apply. Such instructions given to a foreman likewise shall be considered given to the Contractor. Such instructions given by the Engineer to the superintendent or to a foreman, when they concern items of substantial importance, will be confirmed in writing. All instructions within the Engineer's authority as specified in Section 3.01. All as provided for in this Subsection of the Standard Specifications except the Contractor shall submit a phone number or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in the event of an emergency. 3.08 PROTESTS If the Contractor considered any-work demanded of him to be outside the requirements of the Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a written confirmation of the same, whereupon he shall proceed without delay to perform the work or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file a written protest with the Engineer, stating clearly and in detail his objections and the reasons therefore. Except for such protests or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all round for protests or objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer will be limited to matters properly falling within the Engineer's authority as specified in Section 3.01. 3.09 INSPECTION AND TESTING (a) All materials furnished and all work performed under the Contract shall be subject to inspection by the Engineer. The Contractor shall be held strictly to the true intent of the Specifications and Drawings in regard to quality to materials, workmanship, and diligent execution of the Contract. Such inspection may include mill, plant, shop or field inspection as required. The Engineer shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated, and he shall be furnished with such materials, information and assistance by the Contractor and his subcontractors and suppliers as is required to make a complete and detailed inspection. (b) Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. (c) Except as otherwise provided herein, the cost of inspection will be paid by the Owner. All inspection fees imposed by agencies other than the Owner shall be paid by the Contractor. (d) The Engineer will make, or have made, such tests as he deems necessary to insure that the work is being accomplished in accordance with the requirements of the Contract. Unless otherwise specified in the Special Conditions, the cost of such testing will be borne by the Owner. In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent retesting. L 10 3.10 ASSIGNMENT FORBIDDEN (a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his right, title, or interest therein, or his obligations thereunder, without the written consent of the Owner. (b) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be terminated at the option of the Owner. In such event, the Owner shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination. 3.11 SUBCONTRACTS (a) In the Owner's discretion, subcontracts may be permitted to such extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and without injury to the Owner's interests. The resubletting of the work by a subcontractor shall be subject to the same limitations as an original subletting. Each subcontractor shall be properly licensed for the type of work which he is to perform. (b) A copy of each subcontract, if in writing (or if not in writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of each subcontract), shall be filed promptly upon the Owner's request. Each subcontract shall contain a reference to the Agreement between the Owner and the Contractor, and the terms of that Agreement covered thereby. Each subcontract shall provide for annulment of the same by the Contractor upon written order of the Engineer, if, in the Owner's opinion, the Subcontractor fails to comply with the requirements of the prime Contract insofar as the same may be applicable to this work. (c) The Contractor shall be responsible to the Owner for the acts and omissions of his subcontractor and their employees to the same extent as he is responsible for the acts and omissions of his own employees. Nothing contained in this Section shall create any contractual relationship between any subcontractor and the Owner or relieve the Contractor of any liability or obligation under the prime Contract. 3.12 SUSPENSION OF WORK (a) The Owner may, by written notice to the Contractor, suspend the work, in whole or in part, for such period or periods as he may deem necessary, due to unsuitable weather, delay in delivery of Owner-furnished equipment or materials, or such other conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the Owner of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension. 1. 11 3.13 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT FAULT) The Owner may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the Owner of Contractor make it impossible or against the Owner's interests to complete the work_ In such a case, the Contractor shall have no claims against the Owner except (1) for the value of work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment on hand, in transit or on definite commitment, as of the date the Contract is terminated, which would be needed in the work and which meet the requirements of the Specifications. The value of the work performed and the cost of the materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for the making of the final estimate and payment as described in Section 5.08_ 3.14 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT FAULT) (a) The Owner may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor. It shall be considered a default by the Contractor whenever he shall (1) declare bankruptcy, become insolvent. or assign his assets for the benefit of his creditors; (2) disregard or violate important provisions of the Contract documents or Engineer's instructions, or fail to prosecute the work according to the approved progress schedule; or (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, or materials or equipment meeting the requirements of the Specifications and Drawings. (b) In the event the Contract is terminated in accordance with Subsection 3.14(a), the Owner may take possession of the work and of all materials, tools, equipment, and property of the Contractor, which have been provided in connection with the work, and may complete the work by whatever method or means he may select_ The cost of completing the work shall be deducted from the Contract balance and the work completed in accordance with the Drawings and Specifications. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the Owner. If such cost is less than the balance which could have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Engineer, to reimburse the Contractor or the Contractors sureties for any expense properly incurred for materials, tools, equipment, property, and labor, devoted to the prosecution of the work, of which the Owner shall have received the benefit. In computing such expenses, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated, and the difference shall be considered as an expense. 3.15 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever (1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Contract has not been received from the Owner within this time period; or (2) the Owner should fail to pay the Contractor any substantial sums due him in accordance with the terms of the Contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claim against the Owner except for those claims specifically enumerated in Section 3.13. E12 3.16 FAILURE TO COMPLY If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the Owner, the Owner may have such provisions or orders carried out by others at the expense of the Contractor. 3.17 CONTRACT TIME OF COMPLETION The Contractor shall complete the construction of the work to the satisfaction of the Owner, in accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed" will be issued by the Owner. the date of which shall commence the Contract time. The allotted time for this project is identified within the Term of the Contract. SECTION 4 - MATERIALS AND WORKMANSHIP 4.01 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK The Contractor shall properly safeguard all equipment, materials, and work against loss, damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work by the City. Locked and covered storage or continuous surveillance by a watchman shall be provided if required to accomplish this purpose. 4.02 NEW MATERIALS AND EQUIPMENT Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment incorporated in the work shall be new and current manufacture. The Engineer may request the Contractor to furnish manufacturer's certificates to this effect. 4.03 CONTRACTOR'S UTILITIES The Contractor shall provide his own water, telephone, and all electric power required in performance of the work under the Contract, and shall pay all installation charges and monthly bills in connection therewith. 4.04 TITLE TO MATERIALS FOUND ON THE WORK The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from the excavation and from other operations connected with the work. Unless otherwise specified in the Special Provisions, neither the Contractor nor any subcontractor shall have any right, title, or interest in or to any such materials. The Contractor will be permitted to use in the work, without charges, any such materials which meet the requirements of the Special Provisions and Drawings. 4.05 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the L. 13 Contract. Even though equipment, materials or work required to be provided under the Contract have been inspected, accepted and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not in compliance with the requirements of the Contract up to the end of the maintenance and guarantee period. (b) Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the Engineer as not complying with the requirements of the Contract shall be removed immediately by the Contractor to a satisfactory distance from the job site. (c) If the Contractor shall fail to repair or replace unsatisfactory equipment, materials, or work, or to remove unsatisfactory equipment or materials from the job site, within 10 calendar days after being ordered to do so by the Engineer, the Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned equipment or materials and the City will deduct the cost thereof from any monies due or to become due the Contractor. 4.06 SOUND CONTROL REQUIREMENTS 4.07 RUBBISH CONTROL During the progress of the work, the Contractor shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish. 4.08 DUST CONTROL The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective. 4.09 CHARACTER OF WORKMEN None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Engineer, the Contractor or any subcontractor shall discharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. SECTION 5 - PROGRESS AND PAYMENT 5.01 BREAKDOWN OF CONTRACT PRICE Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall include quantities, unit prices, and any other information required, in sufficient detail, to enable it to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall use the price breakdown form bound with Specifications if one is included. 5.02 CHANGE ORDERS (a) The City may, as the need arises, order changes in the work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be effected through written change orders delivered to the Contractor, describing the change required in the work, together with any adjustment in Contract price or time of completion as hereinafter provided. No such change shall constitute the basis of claims for damage or anticipated profits; however, the City will make reasonable allowance for the value of any work materials or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. (b) No labor cost for move in and out of minimum charges, other than the hourly rate, shall be allowed for persons available from the force already on the job site. Only the foremen directly supervising the job shall be included in the labor charges. Labor rates for delays will be the actual costs. Labor rates for extra work will be taken from the rates published periodically by the California Department of Transportation. Equipment rental rates for delays and for extra work will be taken from the rates published periodically by the California Department of Transportation. Move in and out or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the job site. Right-of-way delay factors shown on the Equipment Rental Rates do not apply. Copies of the prevailing Equipment Rental Rates are available from the: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1900 ROYAL OAKS DRIVE SACRAMENTO, CALIFORNIA 95819 (c) Any adjustment in Contract price shall be based on unit price bid on the work, where such bid items are applicable. (d) If the original bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. (e) If the original bid prices are not applicable and the City and Contractor are unable to agree upon a lump sum or unit price prior to executing the change order, the adjustment in Contract price shall be made on a cost-plus basis. In such an event, the following items will be included as the direct costs: Materials and supplies Labor(including foremen's wages) Workmen's Compensation Insurance Unemployment insurance contributions paid to the State Social Security Taxes paid to the Federal Government Labor union health and welfare, pension, vacation-holiday, and apprenticeship fund contributions Reasonable value for use of equipment for actual time of use In addition to the direct costs enumerated above, the City will pay to the Contractor for said extra work a percentage of said direct costs to compensate for the following profit and overhead items: Profit General expenses All insurance except Workmen's Compensation Insurance Excise taxes Property taxes License and inspection fees Bond premiums All other items of expense not specifically enumerated above Said percentage will be 15 percent of said direct costs provided the Contractor actually performs said extra work himself. In the event said extra work is performed by a Subcontractor, the percentage paid to the Contractor will be 20 percent of said Subcontractor's direct costs. Said percent will include allowance for profit and overhead costs for both the Contractor and Subcontractor. In the event said extra work is performed through more than one Subcontractor in succession, said percentage will not exceed 25 percent. (f) When work is being performed on a cost-plus basis, the Contractor shall submit written reports as directed by the City, showing all items of direct cost, as defined in Subsection 5.02 (e), which enter into the work. If required by the City, the Contractor shall furnish books, vouchers, invoices, and other records to substantiate the direct cost items listed in said reports. 5.03 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality. ]�-lCx 5.04 EXTENSION OF TIME (a) The Contractor may be entitled to an extension of Contract time (1) if the work has been suspended by the City, in whole or in part; or (2) Where weather or other circumstances occur which delay progress and which are clearly beyond the control of the Contractor; provided that, in either case, the Contractor is not at fault and is not negligent under the terms of the Contract. The extension of time allowed shall be as determined by the City. (b) To receive consideration, a request for extension of time must be made in writing to the City stating the reason for said request, and such request must be received by the City within 10 days following the end of the delay-causing condition. 5.05 LIQUIDATED DAMAGES (a) The Contractor shall pay to the City the amount of two hundred and fifty dollars ($250) per day, not as a penalty but as liquidated damages, if he fails to complete the work within the time agreed upon. The period for which said damages shall be paid shall be the number of calendar days from the date of termination of any extension of time approved by the City. The City may deduct the amount of said damages from any monies due or to become due the Contractor. (b) The said amount is fixed and agreed upon by and between the Contractor and the City because of the impracticability and extreme difficulty fixing and ascertaining the actual damages the City would sustain; and said amount is agreed to be the amount of damages which the City would sustain. (c) The Contractor will not be assessed liquidated damages for delay in completion of the project, which such a delay was caused by the failure of the City or the Owner of a utility to provide for removal or relocation of an existing unknown utility facility. 5.06 PROGRESS SCHEDULES Within 10 days after award of the Contract, or at such times as may be required by the City, the Contractor shall submit progress schedules showing the order in which he proposed to carry on the work and the dates when the various parts will begin and be completed. Progress schedules shall be subject to the approval of the City and if in his opinion a schedule submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the Specifications, he may require the Contractor to submit a new schedule which will insure timely completion of the work. 5.07 MONTHLY ESTIMATES AND PAYMENTS (a) On or about the 25th day of each month, the Engineer shall prepare and transmit to the City, an estimate of the cumulative amount and value of work performed by the Contractor up to that date. Except as may otherwise be provided in the Special Provisions, said amount will include 80 percent of the value of all acceptable materials and equipment delivered to the site of the work. Said value will be based on certified copies of invoices delivered by the Contractor and Engineer. To this figure will be added all amounts due or paid the Contractor for E-17 performance of extra work in accordance with change orders. From the total computed above, a deduction of 10 percent will be made. Further deductions will be made for: (1) amounts due the City for equipment or materials furnished or services rendered; (2) amounts due the City under the terms of the Contract; (3) amounts of any claims of lien filed with the City in accordance with Section 6.05; and (4) amounts required to be deducted by Federal, State, or local governmental authority. From the balance thus determined will be deducted the amount of all previous payments and the remainder shall constitute the partial payment due the Contractor. (b) The City's estimate of the partial payment due the Contractor will not be required to be made by strict measurement, and an approximate estimate will suffice. The partial payments may be withheld or reduced if in the City's opinion, the Contractor is not diligently or efficiently endeavoring to comply with the intent of the Contract, or if the Contractor fails to pay his labor and material bills as they become due. (c) Contractor shall furnish the City promptly, upon request, all information and records necessary to determine the cost of the work for purposes of estimating partial payments, including an itemized statement, in a form satisfactory to the City, of the actual cost of all acceptable materials delivered by the Contractor to the site. (d) No partial payment shall be construed as an acceptance of the work or of any portion of the work, nor shall the making of such payment preclude the City from demanding the recovering from the Contractor such damages as it may sustain by reason of the Contractor's failure to comply with requirements of the Contract. (e) In the event the Contract is terminated, any funds due the Contractor and retained by the City in accordance with Subsection 5.07 shall become the property of the City to the extent necessary to repay to the City any excess in the Contract price above the cost of the work completed at the time of termination. After issuance of notice of discontinued work, no further payments will be made to the Contractor for the work covered by the notice until completion of the work and final settlement has been made. (0 Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the performance of the work described in the Contract agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the Contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. 5.08 FINAL ESTIMATE AND PAYMENT (a) When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate. The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, E 18 within said 5-day period, file a written statement of all claims which he intends to present. If the Contractor delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay. , (b) Upon receipt by the City of the Contractor's written approval of said final estimate in accordance with Subsection 5.08(a), the City will certify physical completion of the work. (c) After acceptance of the work by the City and 35 calendar days after filing of the Notice of Completion, the City will pay to the Contractor the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract. In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the Contract, the City will make further partial payment in accordance with Section 5.07. (d) if the Contractor disagrees with the City's final estimate and files a written statement of his claims in accordance with Subsection 5.08(a), the City will issue, as a semi-final estimate, the proposed estimate submitted to the Contractor, and the City will make payment estimate submitted to the Contractor, in accordance with the provisions of Subsection 5.08(c). The City then will investigate the Contractor's claims, make any revisions to said semi-final estimate as he appropriate. The City then will make final payment to the Contractor in accordance with the provisions of Subsection 5.08(c). 5.09 FINAL PAYMENT TERMINATES LIABILITY OF OWNER The acceptance by the Contractor of the final payment referred to in Subsection 5.08(c) shall be a release of the City and its agents from all claims of and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating or affecting the work, except claims against the City for the remainder, if any, of the amounts kept or retained under the provisions of Section 6.05. 1: 19 SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.01 FAITHFUL PERFORMANCE BOND Each bond which is written by an out-of-state bonding company shall contain the name, address and telephone number of an agent located in the State of California who is authorized to act for the bonding company. The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the Contract amount or$500.00 whichever is greater and shall remain in full force and effect for one year from the date of the Final Notice of Completion to assure and guarantee against any defective materials furnished in the performance of the Contract. 6.02 LABOR AND MATERIAL BOND The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers and material-men under the Contract. 6.03 ADDITIONAL SURETY If, during the life of the Faithful Performance Bond, any of the sureties named in said bond become insufficient in the opinion of the City, he may require the Contractor to furnish additional sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time period, the City may suspend the work or terminate the Contract, and the Contractor shall have no claim for damages. 6.04 CONTRACTOR INDEBTEDNESS Indebtedness incurred for any cause in connection with this work must be paid by the Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. 6.05 UNPAID CLAIMS If, upon or before the completion of the work, or at any time prior to expiration of the period within which claims of lien may be filed of record, any person claiming to have performed any labor or to have furnished any materials, supplies, or services toward the performance of this Contract, or to have agreed to do so, shall file with the City a verified statement of such claim stating in general terms the kind of labor and materials, the value of same, and the name of the person to or for whom the same was furnished, together with a statement that the same has not been paid; or if any person shall bring against the City or any of its agents. Any action to enforce such claim the City will, until the action is settled, withhold from monies due the Contractor an amount sufficient to satisfy the decision of the court together with costs. E-20 6.06 INSURANCE (a) General - The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this Section and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. All insurance required under this Section shall be maintained continuously during the life of the Contract up to the date of acceptance of the work by the City. (b) Worker's Compensation Insurance - The Contractor shall procure and maintain Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this Contract, and, in case of any such work sublet the Contractor shall require the subcontractor similarly to provide Workman's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (c) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance-The Contractor shall procure and maintain Contractor's Liability Insurance in the amounts specified herein. (d) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance - The Contractor shall either(1) require each of his subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Provisions or, (2) insure the activities of his subcontractors in his own policy, in like amount. (e) Builder's Risk Insurance (Fire and Extended Coverage) - The Contractor shall procure and maintain Builder's Risk Insurance (All Risk Coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the City, the Contractor and subcontractors as their interests may appear. (0 Scope of Insurance - The insurance required under Subsections (c) and (d) hereof shall provide adequate protection for the Contractor and his subcontractor's respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, h 21 aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $1,000,00 each person, $1,000,000 each occurrence Property Damage $500,000 each occurrence, $1,000,000 aggregate Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff. The Contractor shall be responsible for all injuries or damages to any portion of the work occasioned by the above causes and he shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work. (g) Proof of Insurance - The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: 'The insurance covered by this certificate will not be cancelled or materially altered, except after 30 days written notice has been received by the City." 6.07 NO PERSONAL LIABILITY The Contractor shall indemnify and save harmless the City, its officers, agents, and employees, against and from all claims and personal liability arising under or by reason of the Contract or any performance of the work. 6.08 DIR REQUIREMENTS Pursuant to State Bill 854, the following new requirements apply to all public works projects: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the time the contract is awarded. The website for contractor registration with the Department of Industrial Relations (DIR) is https:Hefiiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid July 1 through June 30 (state fiscal year), is $300. Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its designated labor compliance officer. 6.09 PERMITS AND LICENSES Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own expense all permits and licenses required for prosecution of the work and shall pay all taxes properly assessed against his equipment or property used in connection with the work. No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits. The Contractor shall obtain and pay for all permits and r-22 fees and give all notices necessary and incident to the due and lawful prosecution of the work and to the preservation of the public health and safety. Fees will not be collected on those permits obtained from the City Engineer's Office. For work on private property where shown on the plans, the City will provide rights of entry at no cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide at his cost, permits and insurance required of the Contractor by other agencies and organizations. The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor shall be requited to have a City Business License valid for the life of the Contract; his subcontractors shall also have Business Licenses valid for the time they are engaged in work. 6.10 SALES AND USE TAXES The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities on materials furnished by the Contractor in performance of the work. 6.11 PATENTS AND COPYRIGHTS The Contractor shall indemnify and save harmless the City and its officers, agents, and employees, against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the Contractor or any of his subcontractors in the performance of the work. 6.12 Reserved 6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special Provisions For convenience to the Contractor to comply with the other provisions of this section, the following telephone numbers are listed. Fire Department 909-825-0221 Sheriff Department 909-824-0680 Courtesy Ambulance Service 909-884-3155 RTA 909-682-1234 Colton Unified School District 909-976-4110 If the above telephone numbers are changed, the Contractor is not relieved of his responsibility of notifying the various departments. 6.14 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements of local and State health departments. 6.15 FEDERAL SAFETY AND HEALTH REGULATIONS (a) Contractors and subcontractors shall comply with the provisions of the Safety and Health Regulations for construction, promulgated by the Secretary of Labor under E 2, Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. (b) Contractors and subcontractors shall comply with the provisions of the Occupational Safety and Health Standards, promulgated by the Secretary of Labor under the "Occupational Safety and Health Act of 1970,"as set forth in Title 29. C.F.R. SECTION 7 -STATE OF CALIFORNIA REQUIREMENTS 7.01 WAGES (a) Pursuant to the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the said work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work in each craft or type of workmen needed to execute the work contemplated under the Contract, shall be paid to all workmen on and in connection with said work by the Contractor and by any subcontractor doing or contracting to do any part of said work. The Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates of such work or craft in which such workman is employed, whether paid by the Contractor or by any subcontractors under him. The Contractor agrees to comply with the provisions of Sections 1775 and 1776 of the California Labor Code. The Contractor is also required to post the applicable prevailing wage rates at the jobsite. Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California, 92313. (b) The Contractor and the subcontractors shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the implementation regulations issued pursuant thereto (29 CFR Section 1.5) and any amendments thereof. (c) The issuance, as payment for wages, of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. (d) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor shall secure the payment of compensation to his employees. 7.02 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.03 APPRENTICES ON PUBLIC WORKS The Contractor shall comply with all applicable provisions of Sections 1775.5 of the California Labor Code relating to employment of apprentices on public works. 1 i-24 7.04 WORKING HOURS (a) The Contractor shall comply with Chapter 8.108 G.T.M.C. restricting work between the hours of eight p.m. and seven a.m. weekdays, including Saturday or at any time on Sunday or a National Holiday. (b) The Contractor shall comply with all applicable provisions of Sections 1810 to 1817, inclusive, of the California Labor Code relating to working hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each workman employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such workman 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 above-mentioned Sections of the California Labor Code. 7.05 PROTECTION OF WORKERS IN TRENCH EXCAVATION Contractor shall comply with all of the requirements of California Division of Industrial Safety. The protection of workers must meet the requirements of Construction Safety Orders. 7.06 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM CERTAIN ACTS OF GOD As provided in Sections 4150 and 4152, inclusive, of the California Government code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God in excess of five percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the attached plans and specifications. The Contractor shall obtain insurance to indemnify the City for any damage to the work caused by an Act of God if the premium for said insurance coverage is not called for as a separate bid item in the Bidding Schedule for the work. For the purpose of this Section, the term "Acts of God" shall include only the following occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on the Richter Scale. 7.07 NOTICE OF COMPLETION As required by the Civil Code, and within ten calendar days after date of acceptance of the work by the City's governing body, the City will file, in the County Recorder's Office, a Notice of Completion of the work. 7.08 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the r-25 services of a registered civil engineer in the State of California to approve design calculation and working drawings of the faisework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes. 1 ',6 SPECIAL PROVISIONS SECTION 2— SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add the following: 2-6.1 Scope of Work. The Work generally consists of the rehabilitation of asphalt concrete pavement, cold milling, pulverizing existing pavement section to form pulverized miscellaneous base, placement of rubberized hot mix asphalt (dense-graded), repair and construction of concrete curb, gutter, access ramps, striping, traffic control and all other incidental work as specified in the Specifications and these Special Provisions, and as directed by the Engineer. Upon approval of the Additive Bid Schedule items, Work will also generally consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to remove (by grinding) existing thermoplastic and painted striping, pavement markings and legends; remove raised pavement markers; apply bituminous pavement crack sealant; apply slurry seal in areas indicated; install new striping, pavement markings, legends and raised pavement markers as specified in the Specifications and these Special Provisions, and as directed by the Engineer. The Work also includes sweeping before and after slurry seal applications; removing of grease spots (by grinding); all necessary traffic control; preparing and updating construction schedules; posting signs for"NO PARKING" and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. The Contractor shall be responsible for cleaning, sweeping and removing all loose rock from surfaces, parking areas, gutters, sidewalks, driveways and parkways after all Work, as specified in the Specifications and these Special Provisions, and as directed by the Engineer. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Replace the entire Subsection 2-9.1 with the following: The Contractor shall not disturb survey monuments, lot stakes (tagged), centerline ties, or benchmarks without notifying the Engineer. The Contractor shall be responsible to have a CA Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and bench marks that may be disturbed during construction. In the event that identification numbers on survey monuments are illegible, it shall be the responsibility of the Contractor to obtain all information necessary to restore the monuments in their correct location. The Contractor or its Surveyor shall file a Corner Record Form at the San Bernardino County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and also prior to the completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be provided to the City. Final payment will not be made until the aforementioned documentation is provided to the CITY. SP 1 All surveying shall be performed by a CA Registered Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. All monuments and centerline ties shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California. SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Replace the entire subsection with the following: Construction activities covered by the General Permit require submittal by the Contractor of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of any clearing, demolition, grading or excavation. A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. The size and nature of this Contract place it under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board. These regulations require a SWPPP for any work where clearing, grading, and excavation result in a land disturbance of one or more acres. As a result, the Contractor shall prepare, submit to the CITY for review and approval, and implement a SWPPP for this Contract in compliance with these regulations. SECTION 9— MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities, and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work (c) Providing on-site sanitary facilities and portable water facilities, as required. (d) Submittal of all required insurance certificates and bonds, including subcontractors. (e) Obtaining all required permits. (f) Having the Contractor's Superintendent present at the job site full time. SP 2 (g) Developing construction water supply. (h) Arranging for and erection of Contractor's work and staging area. W Removal (including all spray-painted markings on any surface), cleanup, and restoration. (j) Demobilization P-3 PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Replace the entire subsection with the following: Untreated base for pavement, curb, gutter, cross gutters, sidewalks, hardscape and other improvements shall be Pulverized Miscellaneous Base conforming to Greenbook 200- 2.8. 200-2.8 PULVERIZED MISCELLANEOUS BASE 200-2.8.2 Testing Add the following: If testing requires, stabilizing agents shall be added to the pulverized miscellaneous base as approved by the Engineer. SECTION 203— BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General. Replace the first sentence with the following: Slurry seal shall be quick-set Type II emulsion-aggregate slurry (EAS), with the addition of 2.5% latex, OR APPROVED EQUAL and is herein referred to as "Slurry." 203-11 Asphalt Rubber Hot Mix (ARHM) Replace the entire subsection with the following: RUBBERIZED HOT MIX ASPHALT-DENSE GRADED SPECIFICATIONS 1. General 1.1. Scope This work consists of constructing a Rubberized Dense Grade Asphalt(RHMA-D)overlay on an existing pavement surface. 1.2. Definitions Rubberized Dense Grade Asphalt(RHMA-D): Mixture of rubber modified asphalt binder and dense-graded aggregate mixed in a central mixing plant. SYA Fine aggregate:Aggregate passing the no.4 sieve. Coarse aggregate:Aggregate retained on the no.4 sieve. 1.3. Submittals The Contractor shall comply with all Federal, State, and Local environmental laws,rules, regulations,and ordinances including, but not limited to,air quality requirements. At least 10 days before starting any RHMA-D activities, Contractor shall submit the name of an authorized laboratory to perform Quality Control (QC)testing for RHMA-D.The authorized laboratory must comply with the Caltrans Independent Assurance Program(IAP)or possess current AASHTO Material Reference laboratory(AMRL)accreditation for all ASTM and AASHTO tests required in Section 2. Contractor shall submit to the Agency a certified volume or weight slip for each delivery of rubber modified binder and RHMA-D. At least 14 days before use,Contractor shall submit: 1. Four each one-quart cans of rubber modified asphalt binder 2. SDS for each hazardous material 3. Rubber modified asphalt binder formulation, including: 3.1. Each source and type of crumb rubber modifier 3.2. Percentage of crumb rubber modifier by total weight of rubber modified asphalt binder 4.Test results 4.1.Certificate of Compliance showing the rubber modified asphalt binder is the required PG grade 4.2. Certificate of Compliance showing each source of crumb rubber modifier is derived from automobile and/or truck tires 4.3.Test results showing the aggregate meets the requirements in Tables 1 and 2 4.4.Test results showing the RHMA-D meets the requirements in Table 3 5.JMF Forms 5.1.Caltrans Contractor Job Mix Formula Proposal form CEM-3511 5.2.Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512 5.3.Caltrans Hot Mix Asphalt Verification form CEM-3513, if available 5.4. Caltrans Job Mix Formula Renewal form CEM-3514, if available 1.4. Job Mix Formula (JMF) Contractor shall submit the proposed JMF for each type of RHMA-D to be used. The Contractor is required to submit mix design documentation that has been dated within 12 months of submittal. The Contractor shall submit the test results for the RHMA-D showing that the mixture meets all of the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 351]along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2.JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. SP-5 3.JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved,however the Contractor is encouraged to submit Caltrans approved forms if they are available. All Caltrans JMF forms can be found online at: hnp://www.dot.ca.gov/hq/construc/forms.htm 1.5. Quality Control Program Contractor shall develop, implement,and maintain a QC program. Contractor shall prepare and maintain QC records, including: 1. Names and qualifications of: 1.1. Samplers 1.2. Testers 1.3 Inspectors 2. Testing laboratories 3. Testing equipment calibrations and certifications 4. Construction inspection reports 5. Sampling and testing records organized by date and type of material 6. Test results with comparison of quality characteristic requirements 7. Test results in relation to action and any suspension limits 8. Records of corrective actions and suspensions Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program. 1.6. Quality Control Manager Contractor shal I assign a QC manager before the start of the affected work. The QC manager must receive,review,and approve all correspondence,submittals,and reports relating to the QC of materials before they are submitted to the Agency. The QC manager must be the sole individual responsible for: 1. Signing the QC plan 2. Implementing the QC plan 3.Maintaining the QC records The QC manager must be Contractor's employee or must be hired by a subcontractor providing only QC services. The QC manager must not be employed or compensated by a subcontractor or by any other persons or entities hired by subcontractors who will provide services or material for the project. 1.7. Preconstruction Meeting At least 7 business days before the start of surfacing and pavement operations,the following Contractor personnel shall attend a preconstruction meeting with: 1. Project Manager 2. QC manager 3. Project superintendent 4. Project foreman 5. Subcontractors' foremen 5P- 6. RHMA-D supplier Contractor shall be prepared to discuss the project specifications and the processes for producing materials and constructing each item of work, including: 1. Quality assurance 1.1. Quality control 1.2. Agency acceptance 2. Placement of materials: 2.1. Training 2.2. Checklists 2.3. Test strips(if required) 3. Contingency plan 4. Issues specific to the project, including: 4.1. Weather 4.2. Alignment and geometrics 4.3. Traffic control issues 4.4. Haul distances 4.5. Presence and absence of shaded areas 4.6. Noticing 2. Materials 2.1. Rubber Modified Asphalt Binder Rubber modified asphalt binder shall be MAC15TR that meets the requirements in Section 203-14 of the current Greenbook. 2.2. Aggregate Up to 15%of the aggregate by weight may be replaced with Reclaimed Asphalt Pavement(RAP). Recycled Asphalt Shingles(RAS)are not allowed in RHMA-D. Aggregate for R1 MA-D must comply with the gradation requirements shown in Table 1. Table 1: Aggregate Gradation Requirements for RHMA-D Percentage passing by weight Sieve 3/8 inch Size Target Allowable value limit tolerance 1" 100 --- 3/4" 100 --- 1/2" 100 --- 3/8" 95-98 f5 No.4 55-75 f5 No. 8 30-50 15 No.30 15-35 f5 No.200 2-9 ±2 Sp The aggregate must also comply with the requirements shown in Table 2. Table 2: Aggregate Requirements Quality Characteristics Test Method Requirement Percent of crushed particles Coarse aggregate(min,%) One-fractured face 95 Two-fractured faces 90 Fine aggregate(min,%) AASHTO T 335 (Passing No.4 sieve and retained on No. 8 sieve.) One-fractured face 70 Los Angeles Rattler(max,%) Loss at 100 Rev. AASHTO T 96 12 Loss at 500 Rev. 40 Sandequivalent(min)" AASHTO T I76 47 Flat and elongated particles(max,% b weight at 5:1 ASTM D4791 10 Fine aggregate angularity min,% e AASHTO T 304,Method A 45 "Reported value must be the average of 3 tests from a single sample. The use of a reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7,"Manual Shaker"'7.1.2, "Alternate Method No.2,"and 8.4.3,"Hand Method,"do not apply. Prepare the stock solution as specified in section 4.8.1,"Stock solution with formaldehyde,"except omit the addition of formaldehyde. 'The Agency waives this specification if RHMA-D contains 10 percent or less of nonmanufactured sand by weight of total aggregate unless the JMF fails verification. Manufactured sand is fine aggregate produced by crushing rock or gravel. 2.3. Rubberized Dense Grade Asphalt(RHMA-D) RHMA-D mixture must comply with the requirements shown in Table 3. Table 3: RHMA-D Requirements for Hveem Mix Desi n Quality characteristic Test method Requirement Air voids content % AASHTO T 269" 4 Voids in mineral aggregate(min,%)I Gradation: 3/8-inch SP-2 Asphalt Mixture Volumetrics 15.5-18.5 1/2-inch 14.5-17.5 3/4-inch 13.5-16.5 Dust 2ro2ortion Asphalt Institute MS-2 0.6-I.3 Bulk Specific gravity AASHTO T 275 Method A Report only Theoretical maximumspecific gravity AASHTO T 209 Method A" Report only Moisture susce tibili min,psi,dry strength) AASHTO T 283 100 Moisture susceptibility min,psi,wet strength) AASHTO T 283b,` 70 Binder content(min,%,by total weight of Note D below mix ' "Calculate the air voids content of each specimen using AASHTO T 275,Method A, to determine bulk specific gravity. Use AASHTO T 209, Method A,to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. P-8 b Test plant-produced RHMA-D. d Freeze thaw required d Once the percent asphalt-rubber binder is determined by the mix design,the production tolerance shall be+0.5%/-0.4%. The Optimal Binder Content(OBC)shall be determined by California Test 367,except that Step 2 regarding surface flushing shall not be used. OBC shall be determined by using a void content of 4 percent or less. Compaction shall be in accordance with California Test 34,except for the following: 1. Mixing temperature of binder shall be from 300 to 350 degrees F. 2. Mixing temperature of aggregate shall be from 290 to 325 degrees F. 3. Compaction temperature shall be from 275 to 300 degrees F. 3. Quality Control 3.1. Aggregate Test the quality characteristics of aggregates under the test methods and frequencies shown in Table 4. Table 4: Aggregate Testing Frequencies QualitX characteristic Test method Frequency Gradation AASHTO T 27 Sande uivalent°-' AASHTO T 176 Startup and 1 per 750 tons Moisture content AASHTO T 255 Crushed particles AASHTO T 335 Los Angeles Rattler AASHTO T 96 Flat and elongated articles ASTM D4791 1 per project Fine aggregMe angularity AASHTO T 304,Method A "Reported value must be the average of 3 tests from a single sample 'Use of a sand reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, "Manual Shaker"'7.1.2,"Alternate Method No. 2,"and 8.4.3,"Hand Method,"do not apply. Prepare the stock solution as specified in section 4.8.1,"Stock solution with formaldehyde,"except omit the addition of formaldehyde. `Test at continuous mixing plants only. For lime-treated aggregate,test aggregate before treatment and test for gradation and moisture content during RHMA-D production. 'At the discretion of the Agency,testing for crushed particles,Los Angeles Rattler, flat and elongated particles,and/or fine aggregate angularity performed during the mix design,mix design verification,or mix design renewal may be used in lieu of testing during the project. 3.2. Rubberized Hot Mix Asphalt-Dense Graded Test the quality characteristics of RHMA-D under the test methods and frequencies shown in Table 5. Table 5: RHMA-D Requirements for Hveem Mix Design SJ -9 Quality characteristic Test method Frequency Air voids content(%) AASHTO T 269 Asphalt-Rubber Binder Content Note A below RHMA-D moisture content AASHTO T 329 1 per tans but not Voids in mineral a e ate(min,% SP-2 Asphalt Mixture Volumetrics less thann I p per paving day Dust proportion SP-2 As halt Mixture Volumetrics Moisture susceptibility AASHTO T 283 1 per 10,000 tons but not less than I per project Nuclear gauge density' ASTM D 2950 3 per 250 tons but not less than 3 per paving day Once the percent asphalt-rubber binder is determined by the mix design,the production tolerance shall be+0.5%/-0.4%. 'Calibrated to cores using CTM 375 or other means. Laboratory compaction shall be in accordance with California Test 34,except for the following: 1. Compaction temperature shall be from 290 to 300 degrees F. 4. Construction 4.1. Equipment 4.1.1.Placing/Spreading RHMA-D Paving equipment for spreading must be: I. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute RHMA-D the full width of a traffic lane 4. Equipped with a full-width compacting device 5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade,and transverse screed slope Install and maintain grade and slope references. The screed must be heated and produce a uniform RHMA-D surface texture without tearing,shoving,or gouging. The paver must not leave marks such as ridges and indentations. All trucks transporting RHMA-D to the jobsite shall be completely covered with tarpaulins, which are fully secured,during transport. In areas inaccessible to spreading and compacting equipment: I. Spread the RHMA-D by any means to obtain the specified lines,grades,and cross sections 2. Use a pneumatic tamper, plate compactor,or equivalent to achieve thorough compaction. The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient capacity to prevent stopping the paver and must be capable of: 1. Either receiving RI-IMA-D directly from trucks or using a windrow pickup head to load it from a windrow deposited on the roadway surface SP-10 2. Remixing the RHMA-D with augers before transferring into the paver's receiving hopper or feed system 3. Transferring RILMA-D directly into the paver's receiving hopper or feed system 4.1.2.Compacting RHMA-D Each roller must have a separate operator. Rollers must be self-propelled and reversible. 4.2. Surface Preparation The Contractor shall remove all existing traffic stripes,markings,crosswalks,stop bars,and legends;and raised pavement markers in areas to receive RHMA-D and any adjacent areas as directed by the Agency. Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand blasting operations shall be conducted to keep all removed pavement material from entering the storm drain system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-D will be placed. Existing pavement striping,markings,or markers which are outside the work area and not to be removed,shall be protected by the Contractor. Any striping,markings,or markers to remain damaged or rendered useless by the Contractor's operations shall be restored by the Contractor to the Agency's satisfaction and at the Contractor's expense. Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all joints between the pavement and concrete gutters by the Contractor. On the day that a street receives RHMA-D material,it shall be swept without the use of water. Pavement must be completely dry prior to placement of RHMA-D. The Contractor shall not begin any activities related to the placement of RHMA-D on any street until the Agency has approved the street cleaning. Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters,and construction joints. Apply the tack coat at a rate shown in the following table,or as otherwise ordered by the Agency: Table 6: Tack Coat Application Rates for RHMA-D Minimum residual rates allsq yd) CSSIICSSlh, SS1,SSlh CRS1/CRS2,RS1/RS2 Asphalt binder and RHMA-D over: and QS 1 h/CQS 1 h and QS I/CQS l PMRS2/PMCRS2 and asphaltic emulsion asphaltic emulsion PMRS2h/PMCRS2hasphaltic emulsion New HMA (between lifts of 0.04 0.05 0.04 new material Existing pavement 0.05 0.07 0.05 Milled surface 0.06 0.08 0.06 a Only if there has been no traffic other than construction vehicles on the surface,the surface has been in place for one day or less,and the surface is clean, unless otherwise approved by the Agency. Otherwise, use the rates for existing pavement. SP-11 Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the Agency with weight slips from the weighmaster. Water may be measured by volume so long as the vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark showing its volumetric capacity at any given time. The application of the tack coat material shall be uniform in appearance and free from ribboning and all other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved prior to placing RHMA-D material over these areas. Placement of RHMA-D material shall not be permitted until the tack coat has broken. 1n the event that a scheduled street should become wet due to fog, rain, or any other reason,the placement of RHMA-D shall be suspended until the surface has dried completely, as determined by the Agency. 4.3. Spreading RHMA-D Spread and compact RHMA-D at an ambient air temperature of at least 50 degrees F and a surface temperature of at least 55 degrees F. The Contractor may deposit RHMA-D in a windrow and load it in the paver if. 1. Paver is equipped with a hopper that automatically feeds the screed,or if a Materials Transfer Vehicle(MTV) is used. 2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material 3. Activities for depositing,pickup, loading,and paving are continuous 4. RHMA-D temperature in the windrow does not fall below 270 degrees F RHMA-D placed in a windrow on the roadway surface must not extend more than 250 feet in front of the paver. The temperature of the RHMA-D mixture directly behind the paving machine,before any rolling, shall be at least 240 degrees F. Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing surface layer, if that joint is discernable. The direction of the offset should be towards the lane line,if the joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable,the longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not allowed at any time between adjacent lanes open to traffic. If placing RHMA-D against the edge of existing pavement,cold mill,saw cut or grind the pavement straight and vertical along the joint and remove extraneous material unless the Agency approves placement against the existing pavement edge. For divided roadways with an RHMA-D lift thickness greater than two inches,Contractor may construct a one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic. A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic. Pave the adjacent lane within l day. Construct the tapered portion of the tapered notched wedge with an authorized strike-off device.The strike-off device must provide a uniform slope and must SP 1'__1 not restrict the main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal joints that will form a tapered notched wedge in a single pass.The tapered notched wedge must be compacted to a minimum of 90 percent of theoretical maximum density. Where a tapered edge is required,use the same type of RHMA-D used for the adjacent Iane or shoulder. The edge of roadway where the tapered edge is to be placed must have a solid base, free of debris such as loose material,grass, weeds,or mud.Grade the areas to receive the tapered edge as required. The tapered edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted with a device attached to the paver. The device must be capable of shaping and compacting RHMA-D to the required cross section as shown. Compaction must be accomplished by constraining the RHMA-D to reduce the cross sectional area by 10 to 15 percent.The device must produce a uniform surface texture without tearing,shoving, or gouging and must not leave marks such as ridges and indentations.The device must be capable of transitioning to cross roads,driveways,and obstructions. For the tapered edge,the angle of the slope must not deviate by more than±5 degrees from the angle shown in the flans. Measure the angle from the plane of the adjacent finished pavement surface. If paving is done in multiple lifts,the tapered edge must be placed with each lift. Short sections of hand work are allowed to construct tapered edge transitions. If widening existing pavement, construct new pavement structure to match the elevation of the existing pavement's edge before placing RHMA-D over the existing pavement. Unless otherwise approved by the Agency,do not pave the top layer of any of the following until the adjoining through lane's top layer has been paved: 1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Driveways 6. Curve widenings 7. Chain control lanes 8. Turnouts 9. Turn pockets If the number of lanes changes,pave each through lane's top layer before paving a tapering lane's top layer. Simultaneous to paving a through lane's top layer,you may pave an adjoining area's top layer,including shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction activities. If shoulders or median borders are shown,pave shoulders and median borders adjacent to the lane before opening a lane to traffic. If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving. 4.4. Compacting RHMA-D Rolling must leave the completed surface compacted and smooth without tearing,cracking,or SP-13 shoving. If a vibratory roller is used as a finish roller,turn the vibrator off. Do not open new RHMA-D pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved is both in sunlight and shade,pavement temperatures are taken in the sun. The Contractor will use any means necessary to compact the RHMA-D material to 92.0 to 97.0 percent of the theoretical maximum specific gravity. The Contractor will submit to the Agency, in writing,the compaction method to be used at least 5 days prior to placing any RHMA-D material. 4.5. Pavement Smoothness The Contractor will produce an RHMA-D pavement where the surface has a uniform appearance and texture, free from any humps or bumps,and free from segregation. The RHMA-D pavement shall be true to grade and cross section. When a 10-foot straightedge is laid on the finished surface parallel to the centerline of the roadway,the finished surface sha1l not vary from the edge of the straightedge more than 1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall be brought to grade immediately following the initial rolling. If the RHMA-D has cooled below the lower limits of the spreading temperatures prescribed in this specification,the surface of the pavement shall be brought to a true grade cross section. The RHMA-D in the area to be repaired shall be removed,by cold milling,to provide a minimum laying depth of 1 inch, or 2 times the maximum aggregate size, whichever is greater,of the new pavement at the join line. Repairs shall not be made to the pavement surface by tapering the thickness at the join lines. Whenever compaction of the final surface lift is complete,place all permanent traffic stripes,pavement markings, crosswalks, stop bars,and raised pavement markers as shown in the Plans or project Specifications. Placement of all pavement markings and raised pavement markers shall be completed within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the thermoplastic is hard enough to bear traffic. 5. Agency Acceptance The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of Compliance,except for the asphalt modifier and crumb rubber modifier. The contractor shall aIIow the Agency or their designee access to observe any and all QC testing being performed. The Contractor must inform the Agency or their designee of the time and location that all QC testing will be performed. Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (httl)://www.calrecycle.ca.goy/Funding/Fortns/Tires/CalRecycle739TRP.pdf1. The Agency will use the results of the Contractor's QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps,and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3. Additionally,all traffic stripes and pavement markings must be in place. SP-14 6. Payment The payment quantity for RHMA-D is measured based on the combined mixture weight. if recorded batch weights are printed automatically,the bid item for RHMA-D is measured by using the printed batch weights. Contractor shall supply: 1. Time,date,mix number,load number,and truck identification are correlated with a load slip. 2. Each load slip shows the truck's empty weight and the truck's total weight including RHMA-D material. 3. Copy of the recorded batch weights is certified by a licensed weighmaster. The payment for tack coat is not included in the payment for RHMA-D. The Agency does not adjust the unit price for an increase or decrease in the tack coat quantity. SECTION 210—PAINT AND PROTECTIVE COATINGS 210-1 PAINT Add the following subsection: 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking 210-1.6.1. General. All permanent striping and pavement markings on arterial and collector streets shall be hot applied alkyd thermoplastic in accordance with the provisions of Section 84-2.02 of the Caltrans Standard Specifications. All permanent striping and pavement markings on local (residential) streets shall be alkyd thermoplastic in accordance with the provisions of Section 84-3.02 of the Caltrans Standard Specifications. 210-1.6.2. Thermoplastic Paint,State Specifications. Traffic stripes and pavement markings shall conform to the provisions of Section 84 of the Caltrans Standard Specifications. Contractor shall paint a solid black stripe between all double thermoplastic striping. 5Y-15 PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property. Add the following: Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified/relocated, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor's operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor's operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be replaced with grass sod in kind. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod. 300-1.3.1 General. Replace the entire subsection with the following: Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. Removals shall include, but not be limited to, 1) All excess excavation material not needed for structural section 2) Debris 3) Miscellaneous items The contractor shall conform to the following requirements: 1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer. 2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such SP 16 improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of removals, locations of joins, to establish smooth joins and to ensure proper drainage. The Contractor may make minor changes in the location of joins and the limits of removals, provided a smooth join and proper drainage can be achieved and it has obtained prior written approval from the Engineer. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction [replace the first paragraph with the following]: The top 150 mm (6 inches) of subgrade material under street structural section and curb and gutter shall be compacted to a relative compaction of 95 percent. The top six inches of subgrade material under alley pavement, driveway, and sidewalks shall be compacted to a relative compaction of 90 percent. SECTION 302— ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General. Replace with the following: Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Care shall be exercised not to damage adjacent concrete including curbs without gutters. Gutters or curbs damaged shall be replaced at the Contractor's expense. Existing asphalt concrete shall be milled at the locations and to the dimensions in these Specifications or as directed by the Engineer. The cold milling making shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke_ ,Si1 1 The depth, width and shape of the cut shall be as indicated in these Specifications or as directed by the Engineer. The final cut shall result in a uniform surfacing conforming to the typical cross sections. The outside lines of the milled area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the public traffic, a temporary asphalt concrete taper shall be constructed. The asphalt concrete shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the milled area. Temporary tapers shall remain in place no longer than seven (7) days. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Placement of Asphalt Rubber Hot Mix (ARHM) shall be done within three days after the cold milling operation. 302-4 SLURRY SEAL SURFACING. 302-4.1 General. Add the following: The Contractor shall immediately inform the City of any necessary asphalt patching or repairs, and all other roadway surface preparation work not included in these specifications, but is required in order to achieve the required quality of slurry seal work, at any project location. Prior to Slurry application, the Contractor shall perform the following preparation Work in all project areas, unless otherwise specified: 1) Remove all existing pavement striping, markings, and legends, and raised pavement markers per Section 314, "TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT PARKERS," in these Special Provisions. 2) Apply crack sealant in accordance to Section 302-14 "BITUMINOUS PAVEMENT CRACK SEALING," of these Special Provisions. 3) Protect all manhole covers, drain inlet covers, monument covers and all other utility covers from Slurry Seal operations by applying a sheet of plastic, cut to fit or placing a plastic bag over the exposed facilities or other methods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project_ 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation, and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material. Si'-18 3024.11 Measurement and Payment Delete this subsection and replace with the following: Slurry will be measured by the square foot (SF) for the actual pavement area slurry sealed. Quantities shown in the Bidder's Proposal are based on estimated measurements of the project areas and are approximations only. Compensation for preparation Work described in this Section will be considered as included in the Contract Unit Price per Street for the items of work involved and no additional compensation will be allowed therefore. No payment shall be made for any area requiring re-application of Slurry due to damage of Slurry, prior to acceptance of Work. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.4 Tack Coat. Add the following paragraph: A Tack Coat shall be applied between base and finish/surface courses when i) the finish/surface course is not placed immediately after the base course (within 24 hours AND with no traffic using the base course surface); ii) to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement; and iii) along all edges of concrete gutters and PCC pavement slabs. There shall be no separate payment for Tack Coat. 302-5.8 Manhole(and other structures ). Add the following: Contractor shall be required to remove manholes and utility access covers to below the depth to be removed and restore said covers to finish grade upon completion of paving. Add the following subsection: 302-5.8.1 Payment. Payment shall be per the Contract Unit Price bid per each for adjustment of utility access covers (valves, meters, pull boxes) and manholes to grade. When applied to pull boxes, adjustment shall include the lowering or raising of conduits accordingly, as required per this provision. Add the following subsections: 302-14 BITUMINOUS PAVEMENT CRACK SEALING. 302-14.1 General. Bituminous pavement crack sealing shall consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the Work involved in the application of bituminous pavement crack sealant. All pavement cracks equal to 1/4" in width or greater shall be sealed. 302-14.2 Cleaning. Prior to crack sealing, the Contractor shall be responsible for properly cleaning all pavement cracks to be sealed, to the satisfaction of the Engineer. Cleaning of S 1' 19 pavement cracks shall include, but is not limited to, the application of approved week killer, as specified by the manufacture or Engineer, removal of debris or loose material from cracks, and cleaning of cracks with a hot air lance. 302-14.3 Materials. The crack sealant shall be a mixture of asphalt cement, aromatic rubber extender, oil and a minimum of 20% powdered rubber by weight, combined in such a manner as to produce a material with the following properties: 1) WORKABILITY. The material shall pour readily and penetrate large cracks at temperatures below 400 degrees Fahrenheit. 2) CURING. The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic. 3) LABORATORY EVALUATION. When the sample of the product has been heated at 350 degrees Fahrenheit for two hours, it shall pass the following tests: • Softening Point (R & B): 135 degrees Fahrenheit Min. (ASTM D312) • Flexibility: A 1/8" thick specimen of the product conditioned to 10 degrees Fahrenheit shall be capable of being bent to a 90-degree angle over 1" mandrel without cracking. • The sealer shall be forced into the crack by use of a squeegee. SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5. Finishing 303-5.6.6. Alley Intersections,Access Ramps,and Driveways. Add the following: Unless otherwise approved by the Engineer, the entire affected curb and gutter portion shall be removed by sawcutting the adjacent AC pavement one (1) foot from the edge of the PCC gutter. Where applicable, the contractor shall reconstruct this one (1) foot wide section with a 3-inch thick section of AC pavement (C2-PG-64-10) on a 4-inch thick section of 1-sack cement and sand slurry mix on an 8-inch thick section of untreated Base. If the affected curb and gutter is located in a spandrel, the spandrel shall be sawcut six inches (6") minimum from the flow line of the gutter and the spandrel reconstructed to match the existing spandrel portion to remain and be on 8 inches of untreated Base. No extra payment will be allowed for the PCC spandrel construction. PCC Access Ramps shall be constructed at locations shown on the Plans and per the 2015 Caltrans Standard Plan A88A, included in Appendix IV. PCC Access Ramos shall not be poured monolithically with concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to S[1 20 the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface.Access ramps shall have a single piece prefabricated detectable warning surface with dimensions of 36-inches(perpendicular to curb) by 48-inches wide(along curb) installed in accordance with the 2015 Caltrans Standard Plan A88A and comply with the requirements of the Americans with Disabilities Act(ADA). Detectable warnings shall consist of raised truncated domes with a base diameter of nominal 0.9 inches, a top diameter of nominal 0.45 inches, a height of nominal 0.20 inches and a center-to-center spacing of nominal 2.35 in (60 mm). The edge of the detectable warning surface nearest the street shall be between 6" and 8"from the g utter flowline. The detectable warning surface shall be a Cast-In-Place Replaceable Tactile Warning Surface Tile. The color of the detectable warning surface shall be Dark Gray (Federal Color No. 36118) or as approved by the Engineer prior to installation. The detectable warning surface shall be installed in accordance with the manufacturer's recommendations and instructions. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience or attachment. The warranty period shall begin on the date of acceptance of the Contract. 303-5.7 Repairs and Replacements [Add to Subsection 303-5.7, "Repairs and Replacements," of the Standard Specifications, the following:] In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field. The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed. Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. SECTION 601 —WORK AREA TRAFFIC CONTROL 601-1 General. Replace entire subsection as follows: Work area traffic control shall comply with California Manual on Uniform Traffic Control Devices (MUTCD) Standards. 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F+X*6 THE FINAL PREMIUM IS This bond was issued in three(3) PREDICATED ON THE: original counterparts FINAL CONTRACT PRICE Bond No. 7657302 FAITHFUL PERFORMANCE BOND Premium: $4,101.00 KNOW ALL MEN BY THESE PRESENTS, that we Hardy& Harper. Inc. a Corporation hereinafter called "Principal" and Fidelity and Deposit Company of Maryland of Los Angeles , State of California, hereinafter called the "Surety", are held and firmly bound unto City of Grand Terrace of 22795 Barton Road, Grand Terrace, CA 92313 hereinafter called "City" in the penal sum of Dollars ($756,000.00 ) in lawful money of these "Seven Hundred Fifty Six Thousand and 001100 ourselves, our heirs, executors, administrators,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the City, dated the Z§lh day of ,tune 2018 a copy of which is hereunto attached and made a part hereof for the construction of: PAVEMENT REHABILITATION PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said by Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED FURTHER that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the D9 work to be performed thereunder or the Specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in Three(3) Counterparts, each one of which shall be deemed an original, this the 26th day of June 2018- ATTEST- PRINCIP L�Ilrtyr & Hamm Ins. PRINCIPAL SEC. SEAL Kristen auiino BY Secretary Steve Kirschner - Vice President 1312 E. Warner Avenue ADDRESS Santa Ana, CA 92705 AS TO PRINCIPAL ADDRESS SURETY Fidelity and Deposit Company of Maryland ATTORNEY IN FACT ATTEST: Dwight Reilly 777 South Figueroa Street, Suite 3900 SURETY SEC. ADDRESS Los Angeles. CA 90017 SEAL WITNESS AS TO SURETY ,��Cr-C, ADDRESS 1411 N. Batavia St., Suite_201, Oran9e, CA 92867 NOTE: Date of Bond must not be prior to date of Contract L]-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of_._ . Orange ) On June 26, 2018 before me, _ Tim Pharr. Ngtaa Public , Date Here Insert Name and Title of the Officer personally appeared Sieve:Kirschner& Kristen_S._Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/hoer/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph TINA PRAM is true and correct. COMM.M2149384 WITNESS my hand and official seal. Notary Public-California ORANGE COUNTY a � My Camm Explres Apr V,2020 Signature Signa re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond_ Document Date: Number of Pages: 2 Signer(s) Other Than Named Above. Dwight f Billy_._. Capacity(ies) Claimed by Signer(s) Signer's Name:Steve Kirschner Signer's Name: Kristen S. Paulino _ Corporate Officer — Title(s):%(ire_2rpalriPnt 0 Corporate Officer — Title(s): secratary ❑Partner — ❑Limited ❑General 0 Partner — ❑Limited a General ❑Individual C1 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator ©Trustee 0 Guardian or Conservator LJ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy.8 Harper, Inc . ME[sl�c$ki8Cpar_1nc 2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 Orange ) On June 26,2018 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. •: MELISSAANN VACCARo y COMM.#2241394 Notary Public-Califomia a ORANGE COUNTY a (� \ My Comm.Expires May 12,2022 Signature `N��V�, (Seal) Melissa Ann Vaccaro Bond No. 7657302 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY_1ND DEPOSIT COMPANY OF VARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Band,Vice President, in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Daniel HUCKABAY, Dwight REILLY,Arturo AYALA,Shaunna Rozelle OSTROM and Michael CASTANEDA,all of Orange, California, EACH its true and lawful agents and Attorney-in-Facts, to make,execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed hislher names and affixed the Corporate Seals of the said ZURICH ANIERICAN INSURANCE CONIPArY, COLONIAL AMERICAN CASUALTY AND SURETY COtNIPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of November,A.D.2017. ATTEST: ZURICH A,XIERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND B_v Michael P Bond Vice President S yM BY.- Dawn E.Brown Secretary State of Maryland County of Baltimore On this 26th day of November, A.D 2017, before the subscriber,a Notary Public of the State of Maryland.duly commissioned and qualified,Michael P.Bond,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the-.ndividuals and officers described to and who executed the preceding instrument,and acknowledged the execution of same.and being by me duly swam,deposeth and saith,that helshe is the said officer c F the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. CL-nstance A Dunn,Notary Public My Commission Expires Jul,,9,2019 THE FINAL PREMIUM IS This bond was Issued in three(3) PREDICATED ON THE original counterparts FINAL CONTRACT PRICE LABOR AND MATERIAL BOND Bond No_ 7657302 KNOWN ALL MEN BY THESE PRESENTS, that we _ Hardy& Harper, Inc. _ hereinafter called "Principal" and Fidelity and Deposit Company of Maryland of Los Angeles , State of California, hereinafter called "Surety", are held and firmly bound unto City of Grand Terrace of 22795 Barton Road, Grand Terrace, CA 92313 hereinafter called "Owner", in the penal sum of Seven Hundred Fifty Six Thousand and 001100 dollars ($ 756,000.00 ) In lawful money of these United States, for the payment of which sum well and truly to be made, we bind ourselves. our heirs. executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, The Principal certain contract with the Owner, dated 26th day of June 2018, a copy of which is hereto attached and made a part hereof for the construction of- Pavement Rehabilitation Project NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension of modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machines, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums of said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that if the original contractor or his subcontractor fails to pay any of the [-) 11 persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment insurance Code, with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in attorney's fee, to be fixed by the court. The original contractor may require of his subcontractors a bond to indemnify the original contractor for any loss sustained by the original contractor because of any default by his subcontractors under this section. PROVIDED FURTHER, that the said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. D-12 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the 26th day of June , 2018. ATTEST: (Principal) Hardy& Harper, Inc. --__ (Print' ) (SEAL) (By) Steve Kirschner — Vice President (Address) C 92705 (Witness as to Principal) (Address) Kristen Paulino — Secretary (Surety) Fidelity and Deposit Coml2any of Marylsj0,d ATTEST: (Surety Sec.) (SEAL) (By) Y Dwight Reilly,Attorney-In-Fact (Address) 777 South Figueroa Street, Suite 3900 T (Address) Los Angeles, CA 90017 i7-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the ident1ty of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of Orange On JtLfr 26, 2018 before me, Tina Pham. Notaty Public Date Here Insert Name and Title of the Officer personally appeared -Steve-Kirschner& Kristen S. Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ies),and that by his/hear/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rPHAM comm.ti2149384 n 2149 WITNESS my hand and official seal. ' v Notary Public-California n ORANGE COUNTY My Comm.Expires Apr 17,2020t Signature Sign4jure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor& Material Bond Document Date: , June 26, 2018 Number of Pages: 3 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: _Steve Kirschner Signer's Name: Kristen S. P ulina ©Corporate Officer — Title(s): lrira PrPsirlPnt 0 Corporate Officer — Title(s): .secretary C1 Partner — ❑ Limited ❑General ID Partner — ❑ Limited ❑General 0 Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc Hardy&Harper, Inr, 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 Orange ) On June 26,2018 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO WITNESS my hand and official seal. COMM.#2241394 Notary Public Calitomia ORANGE COUNTY w My Comm.Explms May 12,2022 Signature D (Seal) Melissa Ann Vaccaro Bond No. 7657302 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER 01,A1-I'ORNEY KNOW ALL MEN BY T'I IESE PRESENTS:Thut the ZURICI I AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the Slate of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael 1'. hond,Vice President, in pursuance of aulhorily grunted by Article V,Section 8,of the ay-Laws of said Companies,which are set forth on the reverse side hercof'and are hereby certified to be in full fierce and effect on the date hereof,do hereby nominate,constitute, and appoint Daniel IIIICKAEIAY, Dwight REILL'Y,Arturo AYALA,Shmunna Roselle OST'ROM and Michael CASTANCDA,all of Orange, California, EACII its true and lawful agents and Attorney-in-Ducts, to make, execute, seal and deliver, I'or,and on its behalf as surely,and as its act and deed: arty and all honds and undertakings,and the execution of such bonds or undertakings in pursuance of These presents,shall he as hinding upon said Companies,as fully and umply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZUEIICI I AMERICAN INSURANCE: COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.,and thn regularly elected officers oflhe FIDELITY AND DFPOSI I'COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in Their own proper persons. The said Vice President does hereby certify that the extract set Ibrth on Ilia reverse side hereof is a Inie copy of'Article V,Section 8,of the Ify-Laws of said Companies,and is now in fbrce. IN WETNESS WI IhREOF, lire said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said Z11111C11 AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 11DELITV AND DEPOSIT COMPANY OF AIARYLAND,this 28111 day of'Novernber,A.D.2017. ATTEST: ZUIUCII ANILRICAN INSURANCL COMPANY COLONIAL AMERICAN CASUAIXY AND SURL'I'1'COMPANIt' FIDEA.1 INAND DEIIOSI'I'CON1PANI'OF NIAIIYLAND B). Ali.-L-1 l A Hond trine Yrc.videtrl �'11lfti s fell • Bje Dawn C.11rouin Secrela)ly Slate of Maryland County of Baltimore On this 281h Jay of November, A D 20 17, before the subscriber,a Notary l'uhlic of the Stale of Maryland,duly commissioned and qualified,Michael P.flood,Vice President and[)own E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding Instrument,and acknowledged tile execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of [lie Company afnreiaid,and that the Seals affixed to the preceding instrument are the Corporate Seals of said Companies,and heat the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TTSTIMONY WI IERFOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. L�IwnMu Nee ....°:.... Q. f of ht�h1't j•.,PII 14 tom,: Constance A Dunn,Notary Puhhe My Commission Expires July'),2019 P. 1 x z x Communicat on Result Report ( Al. 3. 2018 7:02AM 1) Hardy & Harper 2) 714-444-2801 Date/Time; Jul. 3. 2016 7:01AM Pile Page No. Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 1537 Memory TX 5626953913 P. 2 OK ---------------------------------------------------------------------------------------------------- Raasan for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answer -. q) No facsimile connection E. 5) Exceeded max. E-mni ' a ze PUBLIC'NOMM CONTRACT AWARD INFOR"TIOR C.i.C.v..iw�.rr,11.w1bvw n1w.,ImiYZs Ir..w....d by 1r.iii ..r ON 11.d rALL mlbabbp—.A%.awrr.wlor..d r rrWa.rt d 4 M�/....b.o�.1.w1..0i.iru-m7iv—.,— go—bey Phlsl.r�rip..ir..h 1b.�W�b.11br.YrY�u..wglr..r 1.4...1 Ml..,.dawa.r.r.k Cr�.la aW.I,I.II..lah.lrrrw erA.�.up../a.ry bwt..a Da not end thla farm tithe Dlvblen of ApprwWcv*W 91wniordL Hardy&Harper.Inc 21 S952 Ar r(Y� ....q 1312 E.WarnerAve..Znta Ana.CA 0270% 7114-444-1531 I.er,rwrru.ru...e .aw.�enea ftuo r o t RahabY9allm PIi>)ed af19119 variwa Lovtime w. s......_.,,.. OwldTerrace CA22313 Ma .........,...�1.-....tee ....�........�.... Coy of Gn11d Taeaee� 300 ZU95 Borten Rd Grand Terrace.CAW313 Operolor lr p So GI Laborers JAG 1395 W.Sierra Avers,Aalsa.CA 91702 �......w. Tlfaha OpeFoU g Enpbroen Lu.Eo.Local 12 2100 S.Pdfaaler PLINV1aRar.CA NMI Cwnonl M.Tnal for Smdwa CA P.O.Boa 1189, Mannvls.CA 91017.OM Thb Is not a request for dl2pe"of Npprsnlices. �r.r.a-r.r...prr-r•r.s.��yyy hwwiw.r ar�mlhl[.wnY u.rAyr.y,. i Lfllrtl Dna a17tn!>ox=17eL,r 1.� Yv.rt r.ad1 afp.r.4 b f'aN/plvriga 1T elr Oprlvlq Figbevti lLLE O.Lml 12 A�rae�}Cm1.R.+a NwW Mpol rd hln Wdwftwaww. 2.[:) Y"we MMPV Mh"sovalrar d Apr.'rradl,M&M.Ow tv a.daaaal d dMl lmnNr w....r r�...r. 3 M WO aaalor Ord b2h r1Owelr•N asrda.a Wh er rybnw Aq..W ft On.r!w,prbr� iidv3q}23d.114.W oe.l,a 2a1 RP.ndcn wreWyad on Pak pIO dl ran o*bd aWpr.d M p.rlw ON 16—riser Wa ef—w In"dr.d wawNJm d Ia 7� �i11t Tw..rr._ smve Knda,el r.. vice Ptevilent Co.ilk M41nr.W.a.r.M..1 MI.i.YY arm e.lslea PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. 9 you are not approved to train,you must send the information(which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http l/www.dir,ca,gov/das/PublicWorksForms.htmfor information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards(DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations.Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO Hardy & Harper, Inc. 215952 MAILING ADDRESS-NUMBER E STREET CITY ZIP L:DOE AREA CODE A Taf"DNE NO. 1312 E. Warner Ave., Santa Ana, CA 92705 714-444-1851 HAW&ADDRESS OF FUBUC WORKS PROJECT DATE YOUR CONTRACT EXECUTED Pavement Rehabilitation Project 6/29/18 Various Locations DATE OF EXPECTED OR ACTUAL START OF PROJECT Grand Terrace, CA 92313 8/6/18 NAME A ADDRESS OF PUBUC AGENCY AWARDINGCONTBJICT ESTIMATED NUMBER OF JOURNEYMEN HOUR: City of Grand Terrace 300 22795 Barton Rd OCCUPATION OF APPRENTICE Grand Terrace, CA 92313 Operator THIS FORM 15 BEING SENT TO'(NAME d ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS So Cal Laborers J.A.C. 60 1385 W. Sierra Avenue, Azusa, CA 91702 APPRUMTE DATES TDBE EMP1DYM 7/16/18 Operating Engineers I.U.E.O. Local 12 2190 S. Pellissier PI., Whittier, CA 90601 Cement Masons Trust for Southern CA P.O. Box 968, Monrovia, CA 91017-0968 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.9(a)California Code of Regulations Check One Of The Boxes Below 1. x❑ We are already approved to train apprentices by the Operating Engineers W.E.O. Local 12 Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Comm'ttee 2. ❑ We will comply with the standards of Apprenticeship Committee for the duration of this job only, Enter name of the committee 3. ❑ We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including §230A (c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. Signature Cate 7 k 3 ry Typed Name Steve Kirschner Title Vice President State of California-Department of Industrial Relations DIVISION OAS 140(REV Imo) OF APPRENTICESHIP STANDARDS REQUEST FOR DISPATCH OF AN APPRENTICE Do not send this form to DAB You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: h=://www.dir-ca-gov/das/PublicWorksForrns.htm for information about programs in your area and t 7/3/2018 To Applicable Apprenticeship Committee: Operating Engineers IX.E.O. Local 12 Address: 2190 S. Pellissier Pl., Whittier, CA 90601 Telephone: 714-827-4591 Fax: (562) 695-3913 Contractor Requesting Dispatch: Hardy & Harper, Inc. Address: 1312 E. Warner Avenue Santa Ana, CA 92705 Telephone: 714-444-1851 Fax: 714-444-2801 Person making request: Justin Dooley Number of Apprentice(s) Needed: 1 Craft or Trade: Operating Engineers Date Apprentice(s) to Report: TBD (48 hours notice required) Name of Person to Report to: Justin Dooley Address to Report to: 1312 E Warner Avenue Santa Ana, Ca 92705 Time to Report: 7:30 AM Office -1312 E. Warner Avenue Santa Ana, CA Project Name: Pavement Rehabilitation Project You may use this form, or make a verbal or written request, to ask for the dispatch of an apprentice. Please take note of the California Code of Regulations, 7Ftle 8, § 230.1 (a) which says in part: if in response to a written request an Apprenticeship Committee does not dispatch any apprentice io a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committees Standards or these regulations within 72 hours of such request(excluding Saturdays, Sundays and holidays)the contractor shall not be considered in violation of this section as a result of failure to employ apprentices ... Hardy& Harper, Inc. is a Equal Employment Opportunity (EEO) Company DAS 142(ReV 8-w) r A`<> RV CERTIFICATE OF LIABILITY INSURANCE DATE srz o1B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE-CERTIFICATE HOLDER. IMPORTANT:-if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER HAM n Katie F e Wood Gutmann&Bogart FAX 15901 Red Hill Ave., Suite 100 RECEIVED PHONEEak 714-824-8344 WC,No. Lic#0679263 E-MAIL . e bib.com Tustin CA92780 JUL 10 ���� INSURE S AFFORDING COVERAGE NAIC8 INSURER A:Evanston Insurance Company 35378 INSURED HARDY-1 INSURER B:Zurich American Insurance Co. 16535 Hardy 8r Harper, Inc.Maas Equipment, LLC CITY OF GRAND TERRACE INsuRER c:First Mercu Insurance Co 10657 1312 E.Warner Ave. CITY CLERK'S DEPARTMENT INSURER D:Great American Insurance Co. 16691 Santa Ana CA 92705 INSURER E:AGCS Marine Insurance Company 22837 INSURER F. COVERAGES CERTIFICATE NUMBER:1979524984 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, IOR ADOLTYPE OF INSURANCE I=SUei•t-POLICY-NUMBER M ODfYY Y POLICY LIMITS OR C X COMMERCIAL GENERAL LIABILITY WACGLOUOOO6023003 12131/2017 12131*018 EACH OCCURRENCE $1.000.000 CLAIMS-MADE M OCCUR A PREMISES ta oeaxTencel $50,000 MED EXP(Any aria ) S excluded PERSONAL&ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,0W.000 POLICY JEC7 LOC PRODUCTS-COMPIOPAGG $2.000,000 OTHER: $ B AUTOMOBILE LIABILITY 13AP373645413 18r112017 10/112018 G MBINED SINGLE LIMIT S a acadent X ANY AUTO BODILY INJURY(Per person) S AALLOOWNED SSCHrOS LED BODILY INJURY(Per accident) S X HIRED AUTOS X AUTOS PROPERTY DIAMAGE S f D UMBRELLA LIAO X OCCUR TUE406784502 12131=17 12r3112018 EACH OCCURRENCE S 10.000,000 NEXCESS LIAB CLAIMS-MADE AGGREGATE S 10,0wgow DED [RETENTION S 1 S 9 WORKERS COMPENSATION WC373645313 101112017 1Grt120I X STATUTE qm. AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ N 1 A E L.EACH ACCIDENT $1,000,000 OFFICE"EMBER EXCLUDED? (Mandatory In NH) E L.DISEASE-EA EMPLOYEE S t,W0,000 it yes,describe under DESCRIPTION OF OPERATIONS below E-L.DISEASE-POLICY LIMIT S 1.000,000 A MKLV5ENV100621 213017 12131*019 S2.000,000agg. $1,000,000occ. 1201 1E RpHetdrLleaPsedEquapsLrhedule Equ SML93020423 121317 21111018 5300,000 $5,308,447 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more apace is requtredl ENDORSEMENTS ATTACHED ONLY APPLY AS REQUIRED BY WRITTEN CONTRACT SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. GENERAL LIABILITY: Additional insured applies per attached endorsements CG 20 33 04 13 and CG 20 37 04 13. Primary and Non Contributory wording applies per attached endorsement FMIC-GL-1002(1012015), Waiver of Subrogation applies per attached endorsement CG 24 04 05 09. AUTOMOBILE LIABILITY- See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Grand Terrace 22795 Barton Rd AUTHORIZED REPRESENTATIVE Grand Terrace CA 92313 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER to: HARDY-1 LOC M. _ AC40RAD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Wood Gutmann&Bogart Hardy&Harper,Inc. Maas Equipment,LLC POLICY NUMBER 1312 E,Wamer Ave Santa Ana CA 92705 CARRIER NAIC CODE EFFECTIVE DATE! ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: — 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Additional Insured applies per attached endorsement U-CA-424-FCW(04.14). Primary wording applies per the attached U-CA424-FCW(04-14) Waiver of Subrogation applies per attached endorsement U-CA-424-FCW(04-14). WORKERS COMPENSATION: Waiver of Subrogation applies per attached endorsement WC 04 03 06 04-84. RE Job-Pavement Rehabil'.tat-on Project ADDITIONAL INSURED: City of Grand Terrace and it's officers.employees,and agents GENERAL LIABILITY- Additional Insured applies per attached endorsements CG 20 33 04 13 and CG 20 37 04 13. Primary and Non Contributory wording applies per attached endorsement FMIC-GL-1002(1012015). Waiver of Subrogation applies per attached endorsement CG 24 04 05 09. AUTOMOBILE LIABILITY. Additional insured applies per attached endorsement CA 20 48 1013 and U-CA-424-FCW(04-14). Primary wording applies per the attached CA 01 431013 Waiver of Subrogation applies per attached endorsement CA04441013. Business Auto Coverage form applies per attached CA 00 01 10 13. WORKERS COMPENSATION, Waiver of Subrogation applies per attached endorsement WC 04 03 06 04-84. ACORD 101 (2008101) r,2008 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#WACGL000006023003 COMMERCIAL GENERAL. LIABILITY CG 20 330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. 'Bodily injury", 'property damage" or "personal added as an additional insured on your policy. and advertising injury' arising out of the Such person or organization; is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury', "property damage" or "personal and surveying services, including advertising injury"caused,in whole or In part, by. a. The preparing, approving, or fairing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for Supervisory.b. Su the additional insured. p ory, inspection, architectural or engineering activities. However, the insurance afforded to such This exclusion applies even If the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law, in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Wril not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the personal and advertising injury". involved the A persons or organizatian's status as an rendering of or the failure to render any professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. CG 20 33 0413 Cc)Insurance Serviws Office, InG,2012 Page 1 of 2 2 "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a All work, including materials, parts or Section III— Limits Of Insurance- equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured Is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the adr�tional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2 Available under the applicable Limits of b. That portion of"your world" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any Parson or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged In performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. CG 20 33 0413 Ca Insurance Services Office, Inc.,2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SUBJECT TO A TOTAL POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL L IABIUTY COVERAGE PART SCHEDULE Designated Construction Projects: Any project: 1)covered under this policy;and 2)required by written contract with you to be subject to a separate General Aggregate I mit. (If no entry appear above,information required to complete this endorsement;vill be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (SECTION 1).which can be attributed only to ongoing operations at a single designated construcllun project shown in the Schedule above: 1. A separate Designated Construction Protect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the Declarations of this policy 2. Subject to the Total Policy Aggregate Limit, the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily Injury or property damage included in the products-completed operations hazard, regardless of the number of. a. Insureds, b. Claims made or suits brought; or c. Persons or organizations malting claims or bringing suits. 3. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Total Policy Aggregate Limit, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits veil be subjeL to the applicable Designated Construction Project General Aggregate Limit and the Total Policy Aggregate Limit FMIC-GL-2017(09,20160 Page 1 of 2 B. For all sums which The insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A(SECTION I),which cannot be attributed only to ongoing operations at a single designated construction prolect shown in the Schedule above'. 9. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Designated Construction Project Genera Aggregate Limit. 3. Such payments will reduce the Total Policy Aggregate Limit. C. When coverage for liability ansing out or the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage Included in the products-oom pleted operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Designated Construction Pro;ect General Aggregate Limit or the Total Policy Aggregate Limit. D. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will fray for the sum of, (a)all damages covered under this policy and falling within the scheduled Designated Construction Projects(s) General Aggregate Limits described in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of Insurance(SECTION III)not otherwise modified by this endorsement. The Total Policy Aggregate Limit applies regardless of the sums indicated in the Declarations for the General Aggregate Limit or Designated Construction Projects(s)General Aggregate Limit and applies to all locations(s)set forth in the Schedule above. The Total Policy Aggregate Limit applies collectively. rather than separately,to all of your scheduled locations. The Total Policy Aggregate Limit is not reduced by payments for damages covered under this policy and failing within the`products- completed operations hazard, but such payments will reduce the Producls-Completed Operations Aggregate Limit, as described In Paragraph C,of this endorsement- E. The provisions of Limits Of Insurance (SECTION 111)not otherwise modified by this endorsement shall continue to apply as stipulated, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to xh;eh attached, effective on the Inception date of tipe Policy unless otherwise stated herein. (The rollowing information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured WACGL000006023003 Hardy& Harper, Inc, etal Countersigned by FMIC-GL-2017(09f2016) Page 2 - f 2 POLICY NUMBER: WACGL000006023003 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCT&COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract executed prior to the"bodily injury"or y location where"your veork"is performed,but only whit respect to 'grape iy damage". completed operations rbvesed urxl:r this paltry for"Commers tat Construction". Commercial Construction"means all eonstrumon aclrvtiy that is not Residential Construction". Rasidentlat Construction"maans any construction eperatirms,work or ac5vilies performed on any'residential property'."Residential properly'means any of the following types of buildings,units or structures.single or multi-family dwellings,apartments, condominiums,towilio ties including zero lot One tuwnhornes, cooperative apartments,acne-shared properties,and the erstirety of any c urnmercial cr mixed use building,unit or structure cf which any of the faregoing forms a past Residential property"also Includes any common areas and infrastructure associated with arrf of the foregoing.Any building.unit or structure that becomes or is converted to`residential.rope.ty"shalt be deemed to be"residential property'as of the data of is orig nal construction. A. Section Ill— Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional nsured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the descrbed in the Schedule of this endorsement amount of Insurance: performed for that additional insured and 1 Required by the contract or agreement, or included in the "products-completed operations hazard", 2. Available under the applicable Limits of However. Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 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 add tional insured. CG 20 37 04 13 c7 Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06(Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following'attaching clause need be completed only when this endorsement is issued subsequent to preparat:or:of the policy) This endorsement, effective on 10-01-2017 at 12:01 A.M standard time, forms a part of (DATE) Policy No. WC 3736453-13 Endorsement No. 001 of the ZURICH AMERICAN INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to HARDY& HARPER, INC. Premium (if any)$INCL Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Jots Description All persons or organizations when required by written contract WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 Vff Coverage Extension Endorsement ZURICW Policy No Eft Date Cl P01. I ESP. 0Xe Af PP;. I Elf Data ul£rid Piadu:zi fro Add I Prern Ratum Prttrn. i BAP3736454f13 10-01-2017 10-01-2018 1 10-01-2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. T h:s endorsement mortifies insurarice provided under the. Business Auto Coverage Form Motor Carrier Coverage Farm A. Amended Who Is An Insured 1. The following is added to Ilia Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The fcllowmg are also"insureds": a. Any "employee" of yours Is an ",i:sured" while using a covered "auto" you dan't own, h re ov borrow for acts performed onthin the scope of employment by you Any erinlAoyee' cif ycurL is also all "InRrre_l'' w-hile operating an 'auto" I ir•ed or rented ur icier a contract or agreement m an -ernployee:s" name w th your permission,'while pe4ovixting duties related to the conduct of your business. b. Anyone vc:unteering services to you is an "insured" wh.le using a covered "ante" yQu don't Gwn hire or barrow to transport your ctients or,ether persons in activ ties necessary to your business. c. Anyone else who furnishes an"alto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law. ary person(s)or organizaticn(sj where required by written cantracl or M&Tilten agraerrient ;with you executed prior to any "accident" tnCludlrig those: person(s) or Or$anlzation(s) direcling y7ur work IMSElant icy such vriilen Ccantra.t or written agreement you, provided the "acdclerit" arises out of operations goverr-ed by such contract or agreement and on!y up to the Grails required in :tact wTitten contract or wrineri agreement: or the Lim is of Insurance shown in the Declarations,whir.liever is less. 2. The fo1owing is added to the Other tnsurance Conditiori in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage -oral: Covejage for any lietson(s) or nrgar�zatttiri{sl; %krhete reilwied by written f-witi ict or rlritten ;grenire?tit with you executed prior to any"accident", Wit app:y on a priwary and note-cantnbator-y basis and any nisurance maintained by the add:flonal "insured`will apply or. an excess basls. Ho•r ,ever, in no event ti�Il this coverage extend beyond the terms and conditions of the Covexage Forrii. B. Amendment--Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 11 — Covered Autos Liability Coverage are replaced by the following- (2) lip to $5.000 for the cost cf bai? band's {includ ng bonds for related traffic law vidalions) required because of an "accident"we cover We do not have to furnish these bonds. (4) AI: ra isonible expenses incurred by the "insure-d" M our request. incturiing actual toss of a irnings up to $600 a day because of rote oft from work. C. Fellow Employee Coverage The Fellow Employee Exclus;on rontalned in Section II—Covered Autos Liability Coverage does nit apply. D. Driver Safety Program;Liability and Physical Damage Coverage 1. The fcliowmg is added to the Racing Exdusion in Section 11—Covered Autos Liability Coverage: This exclusion dons not apply to covered 'autos' participating in a rdriver ra- faty program event, sicA1 a i. but licit llmited to, auto or truck rodeos and other auln or truck agility dswom;trat s}ns 2. The follo ng is added U. Paragraph 2. in the Exclusions of Section III -- Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form.- This exclusion does not apply to covered "auto," participating in a Crider safety program event, such as, But not lirnhlted to,auto or truck rudcos and either auto or truck agit.ty denicii strat:ons. E. Lease or Loan Gap Coverage The foinwing :s added to the Coverage Prcoision of khe Physicat Damage Coverage Spc?ion Lease Or Loam Gap Coverage In the event of a total "loss"to a cnvered -auto", ws vr:ll parr any unpaid amount due on the lease or lean for a covered 'auto", less; a. Any amni,nt paid under the Physical Damage Coverage Section o1 the Coverage Form and b. Any. (1) Overdue lease nr loan payments at the time of the"loss", (2) Financial penalties imposed under a tease fca excessive use— abnormal wear ;:nd tear or high mileage; (3) Security deposits not retulTed by the lessor (a) Costs for extended warranties, credit fife i lsurance neaith_ ,)cc:dent or disability insurance purchrnsec with the loan or lease' and (5) Carry-over balances from pre gcus€eases or loans F. Towing and tabor Paragraph A.2.of the Physical Damage Coverage Section is replaced by tqa follewng, Wr will pay up to $75 for touring a,�d labar costs .neurred ea0i Gore a (x)vered "auto"rof(tie private passzanger type is, disabled. Hovrever, the labor racist be performed at the place of disablement, G. Extended Glass Coverage The following :s added to Paragraph A.3.a.of the Physical Damage Coverage Section: If glass must be replaced. the deductible shumi in the Declarations wil° apple. However. If glass can be repaired and is acclually repired rather than telAared. the deduc lihle vrill be waived Ycu have tale oplicn of having the glasi repaired rather than repiai.e♦i. H. Hired Auta Physical Damage--Increased Lass of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage we%Anll pay expenses for which an "insured" becomes legally respons:ble to pay for lass of use of a vehic:te forted cr hr*Pd er:tl,.out:t driver under a w-Tten rercal contrart or vrritirn rental n9reerrient. W:. =will pays for loss of use expenses it caused by t;.rep FY- C;•':':04-141 (1) Other Than call-s-on only if the Declarat ons indicate that Comprehensive Coverage i5 provided for any covemd "auto": (2) Specified Causes Of Loss .rly if ilia Declarations indicate that Specified Causes Of Loss Coverage is provided rot any covered -auto", or (3) Collision on:y if the Dewtaratiors indi,!ale Thal Collision, Coverage is provided for any covered "auto". However. the most we xill pay for any expanses for loss of use is$100 per aay, to a maximum of$3000. 1. Personal Effects Coverage The la!Io%j;•lg :a added to the Coverage Provision of the physical Damage Coverage Section. Personal Effects Coverage a. We wiil Pay up to 575G for loss" to pefsanal elfects whicl;are: (1) Personal prope:iy ovmed by an'insured", and (2) In or on a covered`auto"- b. Sub ec:to Paragraph a. above, the arnt)unt to be paid for"loss"to personal effes s will be based on the lesser of.- (1) The reasonable cast to replace. or (2) The actual cash value- (. The coverage provided in Paragraphs a. a-id b. above, ,nly applies in The event of a total theft of a covered "auto". No deductible appli-es to #his coverage. However. we will no, pay for "lass` to personal effects of any of the follaMng (1) Accounts, Dills, currency, deeds evidence of debt, money, votes securities or cornmercia paper or other documents of value. (2) Bu lion, gold, silver, plalinurn, or other pree--Anus ai'oys or mela:s� furs or fur g,aurier.ts: it"velry, watches. precious or serni-precious stones (3) Paintings, statuany and ether works cf art (4) Contraband or property in the coursa of Na_al iransportation or trade (5) Tapes, rec;ords, dis:, ar other sir:r far devices used wil.li audio,visual or data electronic equipment. Any coverage pro,.:dej 5y this Provision is excess over any other insurance coverage avai:able for the sane "loss" J. Tapas, Records and Discs.Coverage I. -I'he CxcluGion in Paragraph B.d.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. tit' Section IV --Physical Damage Coverage in the Motor Carrier Coverage Farm does not apply 2. The fot'owing isadded to Paragraph #.a. Comprehensive Coverage Linder the Coverage Provision of the Physical Damage Coverage Section We will pay for` oss" to lames, records, discs or other s niifar eevices used xvitl4 audio visual or data efealrar z equipment We will pay only If the tapes, records discs o:other s:;r-ilar auft, visual or data electronic devices (a) Are the property of,an "insured",,and (b) Are in a covered "auto"at the time of"loss". The most we Atli pay for such "loss" to tapes, records, discs or other similar devices Is $5e0. The Physical Damage Coverage Deductible Provisl:_n doeE not ppp'y to such"loss" K. Airbag Coverage The Exclusion in Paragraph B.3.a.of Section III—Physical Damage Coverage in the Business Auic Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the acridenta: dkr:harge of an airbag, L. Two or More Deductibles The fa low;ng is added to the Deductible Provision of the Physical Damage Coverage Section If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each czvered"auto" on a per vehicle basis. 1. If the deductible on this policy or Coverago Form is the s:risller(or smallest)deductible.it will be waived; or 2. If the deductible an this policy or Coverage Form .s not the smal-er for smallest) deductible, it will be reduced by the amount of the smaller ;or smallest) deduct We M. Physical Darnage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision or the Physical Damage Coverage Section: Regardless of the number of covered "autos`damaged of stden,the tniaximum deductible that will be applied to Comprehersive Coverage for all "loss"froin any ane (AUISP is$S,t??li Or jh• deductible shown in the Declarations, wfrichever is greater. N. Temporary Substitute Autos —Physical Damage 1. The following is added to Section I—Covered Autos, Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this, Coverage Form on your eroded uovered "autos', the fnilow-tig types of vshide5 are also covered "autos"for Phisiral Dsniage Coverage: Any "auto^ you do not own when used writh the permiss-on of its owner as a temporary subslitu`.e for a covered "auto"you do own but 's out of service bemuse of its 1. Breakdown 2. Repair, 3. Servicing, 4. "Loos';or S. Desiruction. 2. The follonving is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the;owne-for"loss'to:he temporary subsl:tute "eau:o" Linless the'loss" results from fraudulent gets or omissions an your part If we make any paynieni tc the zwirier, we will ctitain the oviner's rights against any other party. The deductible for the temporary subs!itu!.e "ailo" twill be d,e same as the deductible for the coverers "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim,Suit Or Loss Paragraph a. Df the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the followwing a. In the event of'accident'. claim, "Suit" or'loss': yo-i must give us or a::r authorized representative prompt nalice of the "accident", Cain. 'snit' or"loss". Nrnvever, tiese dunes only app:y vAien the "accident", Claim, "suit" or is kily vii to ;you (if you are apt individual), a part er (f you are a Partnership). a rnemt_ier(if you art, a limited liabii-ty company) or an executive officer or insurance manager (f you are a GorpJraticin), The fa:ui a of any agent.servant or employee of the";nsured"to notify us of any"accident", claim."suit"or"loss"shall not invalidate the Insurance afforded by this pc-licy. Include,as soon as pr ictinable: (1) Hoge, when and where the "accident" or "loss" occurred and it a claim Is made: or"suit" Is Brought, written notice of the clairn or"suit"including. but not limfted to. the dale ar'd details of such claim or"suit": (2) The"insured s"narne and address: and (3) 'f o Ilze extent possible, the names and addresses of any injured persons and%vilnesses. If you report an "accident"; clai-rsr "suit" or "toss" to another insurer when you should have reported to us, yo it failure to report to us wilt rot be seen as a uiolatit n of these amended duties provided you g ve us nutic;e as wort as practicable after ilia fact of the delay becomes knovm to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition, This Condition does not apply to the extant required of you by a written cLmlract, executed priar 1-3 any "accident' or "loss", provided that he"accident" or''loss"arises out of operations conlemplaled by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b- of the Other tnsuranca Condition in the Busmuss Auto Coverage Form art(] Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the 'Motor Carrier Coverage Farm are replaced by the following. For Hired Auto Physical Damage Coverage, the follDwing are daen,ed to be covered "autos"you own: ('#) Any caspied"auto" you lease, him,.. rent or boirnw, and (2) Any covered"aut n"hired or rented under a wr-rtten c ontrad or vrri:tern agreement entered mtn by an "employee" rr elected or appanted official your permission while being operated within the course and Scope of that "employee's" employment by you or that alected cr appoimed cfficia''s duties as respect their Obligaticins to you. Howevei. any"auto"that is Sensed, toted. rerited or borrowed with a driver is riot a covered "auld' R. Unintentional Failure to Disclose Hazards The fo loviing :6 added to the Concealment, Misrepresent:atioh Or Fraud C.Ondi-Jcn: However the will not deny cam,e-mge under this Covet-age Form if you unintentionally: (1) Fat to disclose any hazards existing at the incaption date of this Coverage Form:or (2) Make an error, omission_improper description of"autos" o-other misstatement,f information You must notify us as snag as po-s-sibte after the discovery of any hazards or any other infoi niat:on that was not provided to us prioi•to die acceptance of:his policy- S. Hired Auto—World Wide Coverage Paragraph 7a.(S)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the wDr'd :f a covered"auto' is leased, hired, rented or borrowed fora period of 60 days ar less, T. Bodily Injury Redefined The definition of"bod ly injury" in the Definitions Section is replaced by the following; "Bodily injury" means bodily 'Injury, sickness or diseass, sustained by a person including death c-r mental anguish, resulting from any n'these at anytime Mental anguish means any type of mental or emobonal i€mess or disease K. :_;+0 U. Expected Or intended Injury The Expected Or Intended Injury Exdusi-m in Paragraph S. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the foilwmig Expected Or Intended Injury "Bodily injury" or"property damage" expected ar interded faun the standvoint of the irrsured" This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or properly- V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III--Physical Damage Coverage is replat.-ed by the fo113'saIL: 4. Coverage Extensions a. Transportation Expenses Wtt will pay up Io S.50 per Clay to a maximuri of$1 000 for twriporary transpurtatlan expense incurred by you because of the total theft of a covered "suit)" of the private passenger type We will pay any for those ravered "autes" for which you carry either Comprehensive or Sper_itied Causes or. Loss Coverage. VVe Voll pay for temporary: transportation expenses in--urred during the period beginning 48 hours after the theft and ending, regardless of the policys expiration, when ihE covered "auto` is re(L rned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The. following:s added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" o`the private passenger type that Is replaced with a hybrid "auto" or "auto"powered by an atterrative fuel source of the private passenger type. we AV pay at, addit oral 10 N of the cost of the replacement "aura", sxcluding tax. litle, ticanse, other fees and any aftermarket vehick upgrades, tip to a maximum or$2 500. The. revered "aut-Y must be replaced by a hybrid "auto" or an 'auto" powered by an alternative fuel source writh€n 60 r;alendar days or the payment of the "loss" and evidenced by a hill of sale or new vehicle lease agreement. Tc. qualify as a hyl�rid 'auto", the "auto" most be powered by a conventional gasoline engine and another source of p.opulsion power. The other source of propulsion power must be afectric, hydrogen. propane, solar or natural gas, either compressed or licluefied. To qualify as an "auto" powered by an altemative fuel source, the "auto" must be powered by a source of p:opulsioh power nether than a •corivelotinnal gasoline engine. An 'auto* solely propelled by biofuel, gasoline or diesel f0e'• cr any blend thereof is not an "auto' powered by an aitemative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provis on of the Physical Damage Coverage Sect:on_ If a covered "auto" is stolen and recovered, vie evil pay the cost of transport :o return the anti," to yai. Ir P. srl pay Only for those covered`rat,'0-s"for yl:Iirtt YOU carry eithµl Cotnprel aensive rii Speolled Carnes of Loss Coverage All other terms. conditions, pravis:ons and exclusions of this policy remain the sanre- t:-ra c�K: 14t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY--- OTHER INSURANCE CONDITION This endorsement modifies insura:ice provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The fallowing s added to the Other Insurance Cond,l,:,n and supersedes any provision to the contrary. Primary And Noncontributory Insurance This insurance Is primary to and will not seek contribution from any other;nsurance available to an additional Insured under this policy provided that. (1) The additional insured is a Named Insured under such other insurance,and (2) You have agreed in writing in a contractor agreement prior Ic the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to Oe additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of tlia Policy unless otherwise stated herein. (The following Information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured WACGL000006023003 Hardy& Harper, Inc, etal Countersigned by FMIC-GL-1002(i012015) POLICY NUMBER: WACGL000006023003 COMMERCIAL GENERAL LIABIUTY 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/COM-PLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization- A person or organization you have agreed in a written contract to waive any Right of Recovery against provided the Written Contract is executed prior to the Injury or Damage. 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 or 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 �D Insurance Services Office,Inc., 2008 Page 1 of 1 gdv*I_ & Harper. Inc. TRANSMITTAL 1312 E. Warner Avenue Phone: (714)444-1851 Santa Ana, CA 92705 Fax: (714)444-2801 PROJECT: Pavement Rehabilitation Program DATE: 7/3/2018 To : City of Grand Terrace 22795 Barton Rd Grand Terrace, CA 92313 Attn: Adreane Freeman WE ARE.SENDING:' SUBMITTED FOR: ACTION TAKEN: -- ® CONTRACT ® APPROVAL ❑ APPROVED AS SUBMITTED ® CONTRACT PERFORMANCE BOND/INS. ❑ YOUR USE ❑ APPROVED AS NOTED ® PAYMENT BOND ® AS REQUESTED ❑ RETURNED AFTER LOAN ❑ PUBLIC WORKS CONTRACT AWARD ❑ REVIEW/COMMENT ❑ RESUBMIT ❑ TRAINING FUND CONTRIBUTIONS ❑ SUBMIT ® DAS 140 SENT VIA: ❑ RETURNED ❑ CERTIFIED PAYROLL ® ATTACHED ❑ RETURNED FOR CORRECTIONS ❑ INVOICE ❑ ❑ DUE DATE ❑ RELEASES ❑ ❑ ❑ OTHER-Fringe Benefit Statement I❑ ITEM NO.1 COPIES DATE ITEM NUMBER DESCRIPTION STATUS i 3 7/3/2018 Contract - Remarks: Thanks, Chris Copy for: Signed: Chris Icamen Contract Administrator REQUEST FOR DISPATCH OF AN APPRENTICE Do not send this form to DAS You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: htt-n://www.dir.ca.gov/dasIPublicWorksForms.htm for information about programs in your area and t Date: 7/3/2018 To Applicable Apprenticeship Committee: Cement Masons Trust for Southern CA Address: P.O. Box 968, Monrovia, CA 91017-0968 Telephone: 626-444-4600 Fax: 626-258-4090 Contractor Requesting Dispatch: Hardy & Harper, Inc. Address: 1312 E. Warner Avenue Santa Ana, CA 92705 Telephone: 714-444-1851 Fax: 714-444.2801 Person making request: Justin Dooley Number of Apprentice(s) Needed: 1 Craft or Trade: Cement Masons Date Apprentice(s) to Report: TBD (48 hours notice required) Name of Person to Report to: Justin Dooley Address to Report to: 1312 E. Warner Avenue Time to Report: 7:30 AM Office -1312 E. Warner Avenue Santa Ana, CA Project Name: Pavement Rehabilitation Project You may use this form, or make a verbal or written request, to ask for the dispatch of an apprentice. Please take note of the California Code of Regulations, title 8, § 230.1 (a) which says in part: if in response to a written request an Apprenticeship Committee does not dispatch any apprentice {o a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or these regulations within 72 hours of such request(excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices ... Hardy& Harper, Inc. is a Equal Employment Opportunity (EEO) Company DAS 142(REV "3) Missing or Incorrect Data? Visit zlien.comlfix - Reference Rf C1 IVED PRELIMINARY 20 DAY NOTICE AUG 7 2018 1466925 CnY OF GRAND TERRACE CITY MANAGER'S DEPT IN ACCORDANCE WITH SECTIONS 8200 et seq., and 9300 et seq., CALI , THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. This is Not a Lien. This is a notice required to be sent by State law to inform you of our involvement on a construction project. NOTICE TO: NOTICE FROM: Claimant Property Owner 1 Reputed Property Owner 1 Hardy & Harper Inc. Public Entity 1312 E. Warner Ave CITY OF GRAND TERRACE Santa Ana, California 92705 22795 BARTON ROAD Telephone: (714) 352-7046 GRAND TERRACE, California 92313 YOU ARE HEREBY NOTIFIED THAT the Direct Contractor CLAIMANT has furnished or will be furnishing Hardy & Harper Inc. labor, services, equipment, or materials, of the 1312 E. Warner Ave following general description: Asphalt materials Santa Ana, California 92705 and labor Concrete materials and labor Surety FIDELITY & DEPOSIT OF MD Services contracted for by Hiring Party: 777 SOUTH FIGUEROA ST STE 3900 CITY OF GRAND TERRACE LOS ANGELES, CA 90017 22795 BARTON ROAD GRAND TERRACE, California 92313 Bond Number (If Known): 7657302 An estimate of the total price of the labor, services, equipment or material furnished or to be furnished is: $765,000.00 Property Address where labor, services, equipment, or materials are furnished or to be furnished ("Property"): Varous Locations Grand Terrace, California 92313 County: San Bernardino County Project Name 1 No (if any): 21096 Pavement Rehabilitation Project 121096 - Pavement Rehabilitation Project Important Notice on Reverse 1 Following Page NOTICE TO PROPERTY OWNER I PUBLIC ENTITY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may lead be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. CLAIMANT Hardy & Harper Inc. Signed by Bernadette Vargas Its duly authorized and disclosed agent Signed on July 31, 2018 IMPORTANT INFORMATION ON FOLLOWING PAGE IMPORTANT: INFORMATION REQUEST PURSUANT TO §9550 et seq. If the public entity commissioning work and/or the surety are not identified in this notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §9550 et seq to deliver (i) The name and address of the public entity commissioning the work; and /or (ii) The name and address of the surety, if any; as the case may be; Further, if the direct contractor is not identified or is misidentified by this Notice, please consider this a formal request to any party receiving this notice to provide that information to the Notifying Party. Any information provided to the Notifying Party may be directed to the following address: Hardy & Harper Inc. c/o zlien 14525 SW Millikan Way, #7790 Beaverton, Oregon 97005-2343 CLAIMANT Hardy & Harper Inc. Signed by Bernadette Vargas Its duly authorized and disclosed agent Signed on July 31, 2018 Employee Trust Funds (and Laborers) If applicable, and pursuant to §8208 (b) of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b) of Section 8024) and/or laborers to which payments are due. --OPERATING ENGINEERS TRUST FUNDS CEMENT MASONS TRUST FUNDS CONTRUCTION LABORERS TRUST FUNDS 01