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Imperial Paving Company A2017-166A2017-166 MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND IMPERIAL PAVING COMPANY THIS MAINTENANCE AGREEMENT ("AGREEMENT") is made and entered into this 11th day of July, 2017, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and IMPERIAL PAVING, a ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR an annual amount not to exceed $250,000 on the terms set forth in the attached "Exhibit A," which is incorporated by reference, for CONTRACTOR's services. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of CONTRACTOR's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 2. TERM The term of this Agreement will be from July 1, 2017 to June 30, 2020. The Agreement may be renewed in advance and in writing by the City Manager for two additional one-year terms. 3. SCOPE OF SERVICES A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES A. Pursuant to Labor Code § 1720, and as specified in 8 Califomia Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. Page 1 of 8 It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Page 2 of 8 vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Page 3 of 8 Limits (combined single) $1,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. Page 4 of 8 8. TERMINATION A. Except as otherwise provided, CITY may terminate this Agreement upon providing written notice to CONTRACTOR at least thirty (30) days before the effective termination date. Notice of termination will be in writing. In the event of such termination, CONTRACTOR shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any Page 5 of 8 manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709 To CONTRACTOR: Imperial Paving Attn: Fritz Coy 12070 Telegraph Road, Suite 207 Santa Fe Springs, CA 90670 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. BUSINESS LICENSE CONTRACTOR shall maintain a valid Business License with the CITY. Page 6 of 8 14. CONTRACTOR'S KNOWLEDGE OF APPLICABLE LAWS. CONTRACTOR shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Contractor to comply with this section." 15. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. SEVERABLE If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. INTERPRETATION This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 19. AUTHORITY/MODIFICATION The terms of this Agreement can only be modified in writing approved by the CITY AND THE CONTRACTOR. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. Page 7 of 8 20. EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 21. FORCE MAJEURE Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 22. ENTIRE AGREEMENT This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF CHINO HILLS Ray Aarquez Mayor ATTEST: (�Ow Cheryl B City Clerk IMPERIAL P' (Signature) (Title) (Signature) APPROVED AS TO FORM: 1 (Title) Mark D. Hensley City Attorney Page 8 of 8 Wl * A Pee Schedale On-call Asphalt R"ml r �'i`•, x` ,�i, c'�e`7Y�ti 4x �'"�dtA4ta:{ t �� I�ri �fa� �e, �!'�+,� �'�51.5:)''+F. Tn�cic vaCoir PWW Mount 3� -,� � ��ry.�5a _ iLjM � it. (./. ♦ f 0.11 YamsFlatBed 7$E"D.00 Tnak Dump Trud*.11 y8r* }t3�k1.}t,�214"�•�aTv.t -� Ak comproMseor $mom wabr T(tak S23D.00 Loodw Md. kWh" $MD.00 FWftd US* Vd 34 Ion nabs WMbo at3>5 00 Dump Teak 4 aldp loader & kuhr combo tj878.00 1.12 Ton RoNw (Ind t Wkw) >Z300.o0 Ton IZoNer (W trelier)srm machka (mkL dwp)obcat [as vd bucket $=.0o BoboM rbrpra,der ti760.00 Reds: 4,400.00 � Ralo Oars'than 8 houa) i 660.1W }i'3�y�•C.'a� �` ��+. ��t-qav,. � '+v 3£��R��'r . . !TM'1'1V\ .K $.1: 3� -,� � ��ry.�5a _ iLjM � it. (./. ♦ f ap.,.}t�� � i ;.��}". }Xl (VF1�K�..;' airs 1. .9�T11..I 80.00 PER TON Aeplwk Plaut Opening on Sat 2,6011.00 Bsee Rook }t3�k1.}t,�214"�•�aTv.t -� 14.00 PER TON Tads Materiel 6.00 PER e&UON co"Wow 106.00 PER YARD SW Load charge (last than 3 Clr) s) 67500 S•� bre,�#}} �'� riiu3vl blaer..'rN+ S' u1i� }t3�k1.}t,�214"�•�aTv.t -� kapk s ON 1" UP 159 Page 1 4# 4 0 4 Ari SMndod Pddng pnckkka A lmbwr ENulpnx K Motwi*, DkWOOW Costs) Page 2 of 4 Page 3 of 4 Page 4 of 4 I ' I I I i A-9 I Nbaw aneow I 1 LF 29.00 ! 2200 LF Z 12.00 i 312017-500 LF _ 11.50 4 501+ LF LF 11.35 Page 4 of 4 J z cr0 LU w co z C� Z z Q- m CO cr 2 a 0 0 N C t N CL LO Q N LO c W U � c a O p U) H z V 0 LU > W Z LLJ ~ w U)C) OJ �0 a u U) H z W O U 0E1AI2:13n SWnONO00d >103HO 2JAIHSVO ONOO 018 F - z 2 a 0 m G ova O P 4 V _ �C8 z� z a � O N G� z N C'7 d' 4- 0 May 25th, 2017 To: City of Chino Hills- Public Works Subject: RFP for On -Call Asphalt Repair Attn, City Clerk's Office 1. Imperial Paving Co., Inc. agrees to the RFP and shall be incorporated in it's entirety as park of this quote. 2. See attached Statement of Qualifications. 3. Imperial Paving Co., Inc. agrees that all charges for services will be a "Not -To -Exceed" fee, per task as submitted with and made part of said Contractors quote. 4. Imperial Paving Co., Inc. agrees that the submitted fee schedule is part of the quote for use in invoicing for payment and additional work incurred. 5. Imperial Paving Co., Inc. agrees that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. 6. Imperial Paving Co., Inc. agrees to allow all authorized federal, state, county, and the City of Chino Hills official's access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. All relevant records shall be retained for at least three years. (562) 944-0975 • Fax (562) 944-0984 12070 Telegraph Road, Suite 207, Santa Fe Springs, CA 90670 7. Imperial Paving Co., Inc. will comply with California Labor Code. Pursuant to said regulations entitled: Federal labor Standards Provisions; Federal prevailing wage decisions; and State of California Prevailing Wage rates, respectively. 8. Imperial Paving Co., Inc. will comply with the Copeland Anti -Kickback Act (18 USC 874 C) and the implementation regulation (29 CRF ) issued pursuant thereto, and any amendments thereof. 9. See attached letter for contractors approach to work. 10. Imperial Paving Co., Inc. agrees to willingly accept the terms of the agreement. There are no terms that Imperial Paving Co., Inc. is unwilling to accept. Respectfully submitted, Fritz Coy — Vice President — Sales Imperial Paving Co., Inc. Statement of Qualifications 1. Imperial Paving Co., Inc. has been providing the services outlined in the RFP for 47 Years. 2. Imperial Paving Co., Inc. owns and operates a large fleet of construction equipment. 3. All Superintendents, Estimators, Project Managers and foreman have a long background in the business, and will be able to coordinate projects, suggest alternatives and complete projects in a safe and professional manner. 4. Imperial Paving Co., Inc. is fully experienced in Safety Watch Manuel for Traffic Control and Road Closures. 5. Imperial Paving Co., inc. prides itself on safety and conducts Safety meetings both in house and in the field. Project Manager / Responsible Representative Fritz Coy — 31 years experience. Office Phone: (562) 944-0975 Cell Phone: (562) 755-6792 — ( 24 Hour Emergency Contact) Chris Melodia — 25 years experience. Office Phone: (562) 944-0975 Cell Phone: (562) 755-9594 Superintendent / Production Manager Craig Evans — 30 years experience. Office Phone: (562) 944-0975 Cell Phone: (714) 864-0954 — (24 Hour Emergency Contact) (562) 944-0975 • Fax (562) 944-0984 12070 Telegraph Road, Suite 207, Santa Fe Springs, CA 90670 Safety Manager Robert Goint —10 years experience. Cell Phone: (562) 755-6565 Administration Debra Arms — 34 years experience. Office Phone: (562) 944-0975 Similar Project Reference List City of Chino Hills — Yearly On Call Asphalt Repair 14000 City Center Drive Chino Hills, CA 91709 Phone: (909) 573-4355 Contact: Jerry Barragan — Street Maintenance Supervisor City of Temecula — On Call Asphalt Repair 41000 Main Street Temecula, CA 92590 Phone: (951) 303-5497 Rodney Tidwell — Maintenance Supervisor Dept. Public Works Centralia Unified School District 6625 La Palma Ave. Buena Park, CA 90620 Phone: (714) 228-3140 Imperial Paving Co., Inc. Approach To Work Imperial Paving will assign Fritz Coy to this project. He has served in this capacity for Imperial Paving for over 30 Years. Fritz will handle all pre -job walks, on site project managing and billing. He will be available to the City of Chino Hills for 24 hour emergency calls should the need arise. For standard work, at the request of the City of Chino Hills Fritz Coy will meet with City of Chino Hills representative, recommend scope and provide pricing for all projects. Upon City of Chino Hills approval Imperial Paving can dispatch crew per City's schedule. For emergency work, Upon Verbal or written request, Imperial Paving will mobilize a crew within 24 hours of City's request. Fritz Coy, as stated previously, will be the City's emergency contact. He will meet with the city to define work scope and then proceed to meet with crew to direct all work as directed by the City of Chino Hills. As a secondary contact for emergency work Craig Evans, Imperial Paving's Superintendent may also be called if the need should arise. Respectfully submitted, Fritz Coy —Vice President/Sales Imperial Paving Co., Inc. (562) 944-0975 • Fax (562) 944-0984 12070 Telegraph Road, Suite 207, Santa Fe Springs, CA 90670 .�{ � �ti�,lt'...li Ali.... � � 1_.�ti ,!1:.,l,._i+{. l... - i..: IMPEPAV-01 AGARCIA ,44CoRo° CERTIFICATE OF LIABILITY INSURANCE `-� F°"' 8/5/2 D"'""' 8/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 endorsemengs). PRODUCER The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 Irvine, CA 92614 CONTACT NAME: L Ext : (949) 553-9800 Ne ; (949) 553-0670 HRNE E-MAA��, INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Valley Forge Insurance Company 20508 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR INSURED INSURER B: Zurich American Insurance Co. 16535 INSURER c: Travelers Property Casualty Co Of America 25674 Imperial Paving Company, Inc. INSURER D: 12070 Telegraph Road, Ste. 207 Santa Fe Springs, CA 90670 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER! RFMAIAN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUOR IN WVD POLICY NUMBER POLICY EFF M POLICY EXP M LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X X 6024572914 06/30/2016 06/30/2017 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence) $ 100,00 MED EXP (Any one person) $ 15,00 PERSONAL & ADV INJURY $ 1,000,00 GENL AGGREGATE LIMIT APPLIES PER: POLICY JECOT_ 0 LOC GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY COM BINEDXSINGLE LIMIT $ 1,000,00 B X ANY AUTO BAP 0198197-00 06/30/2016 06/30/2017 BODILY INJURY (Per person) $ ALL OWNEDSCHEDULED AUTOSBODILY INJURY (Per accident) $ NON -OWNED AUTOS AO PROPERTY MA EHIRED $ (Per X UMBRELLA LIARX OCCUR EACH OCCURRENCE $ 5,000,00 C EXCESS LIAR CLAIMS-MADE UP -15P31967 -16 -NF r 06/30/2016 06/30/2017 AGGREGATE $ 5,000,00 DED X RETENTION $ 10,000 $ I B WORKERS COMPENSATION AND EMPLOYERS' WIBILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below N I A C 0198198-00 06/30/2016 06/30/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) RE: Agreement #AO9-22. glaipwv City of Chino Hills, its officers, employees and agents, City's Representative, the Engineer (Non -Professional Endeavors Only) and their consultants and each of their officers, employees and agents are included as Additional Insureds as respects General Liability per attached endorsement This Insurance shall apply as Primary and Non -Contributory per attached endorsement Waiver of Subrogation for General Liability: See Attached Endorsement City of Chino Hills 14000 City Center Dr Chino Hills, CA 91709 VAn1+CLL.FA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORO" AGENCY CUSTOMER ID: IMPEPAV-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGARCIA Page 1 of 1 AGENCY NAMED INSURED gg nnyy,, 2070 ellegVrap-h Romad Ste 207 Santa Fe Springs, CA 40676 POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIL CODE ISEE P 1 uTECTm DATE: E PAGE I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance Cancellation *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* U 2005 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSUREDsection is amended to add as an Insuredany person or organization whom the Named Insured is required by written contractto add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injurycaused in whole or in part by the acts or omissions by or on behalf of the Named Insuredand in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insuredto provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injuryarising out of your workiescdbed in such written contract, but only if: 1. this coverage part provides coverage for bodily injuryor property damageincluded within the products completed operations hazard; and 2. the written contract specifically requires the Named Insuredto provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 0 A. coverage broader than required by the written contract; or s B. a higher limit of insurance than required by the written contract. m sIll. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injuryarising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1, the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6024572914 Page 1 of 2 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 06/30/2016 Insured Name: IMPERIAL PAVING COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional Insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claimto any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claimfrom the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insuredo make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injuryor property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Policy No: 6024572914 Page 2 of 2 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 06/30/2016 Insured Name: IMPERIAL PAVING COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured'sbehalf, in the performance of the Named Insured'songoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injuryor property damagencluded within the products -completed operations hazard. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONSSection is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional Insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own Insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injuryor property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim, 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a, on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 6024572914 Page 4 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 06/30/2016 Insured Name: IMPERIAL PAVING COMPANY, INC. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insuredhas agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injurygiving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance prograrrproject in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insuredbecome legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injurythat occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 6024572914 Page 16 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 06/30/2016 Insured Name: IMPERIAL PAVING COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission.