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AGMT - ACCO Engineered Systems Inc (City Hall HVAC Replacement CIP No BG2001
�N Recorded in Official Records, Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk -Recorder AND WHEN RECORDED MAIL TO 1111111111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 1 3 2 5 8 1 9 6$* CITY OF SEAL BEACH 2021000637118 8:44 am 10/19/21 63 RW11A N12 1 Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 211 - 8th Street Seal Beach, CA 90740 RECEIVEDSpace of above this line for Recorder's use. ***No Recording Fee Pursuant to Government Code Section 6103, 27383'*' NOV 012021 e� CITY CLERK V NOTICE OF COMPLETION r � try CITY CITY OF SEAT. BEACH Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on July 23, 2021. The work was City Hall HVAC Replacement Proiect, CIP BG2001. 6. The name of the contractor(s), if any, for such improvement was: ACCO Engineered Systems, Inc. The date of the Contract Award was July 27, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 211 8th Street. Date: Steve Myrter, P.E., 11ifirtfoEr of Public Works City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on LGA /7 , 2021, at Seal Beach, California. (Date of Signature) teve Myrter, P.E., Director of Public Works City of Seal Beach PUBLIC WORKS AGREEMENT CITY HALL HVAC REPLACEMENT PROJECT PROJECT CIP NO. BG2001 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 ACCO Engineered Systems, Inc. 888 East Walnut Street Pasadena, CA 91101 (818) 730-5845 This Contract ("Contract") is made as of July 27, 2020, by and between the City of Seal Beach, a California charter city ("City"), and ACCO Engineered Systems, Inc., a California corporation, ("Contractor"). Page 1 of 46 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the City Hall HVAC Replacement Project, CIP BG2001 ("Project") with respect to design criteria and technical requirements; and B. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City solicited bids for the Project through The Gordian Group EZIQC - Contract #: CA -08 -SL -CM -A -030618 -AES. C. WHEREAS, Contractor submitted a bid to the City for the Project, dated July 16, 2020, in the amount of $317.137.49 ("Accepted Bid" hereinafter), attached hereto as Exhibit K and incorporated herein by reference, which constitutes the lowest acceptable quotation. The Accepted Bid contains, among other things, provisions defining the Project scope. D. WHEREAS, Contractor is a California licensed HVAC contractor (State Contractor's license number (License #120696, DIR #1000000546). E. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of themutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Accepted Bid, Non -Collusion Declaration, Contractor's Industrial Safety Record, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to the Performance Bond Page 2 of 46 (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Standard Specifiations and Reference Documents (Exhibit H), Non -Collusion Declaration (Exhibit 1), Contractor's Industrial Safety Record (Exhibit J), Accepted Bid (Exhibit K), Sourcewell Indefinite Quantity Construction Agreement (Exhibit L), and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of July 27, 2020 (the "Effective Date"), and shall remain in full force and effect for until a Notice of Completion has been filed with the Orange County Clerk -Recorder, unless sooner terminated or extended pursuant to this Agreement. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit K for the Work but in no event will City pay more than the total not -to -exceed amount of $317,137.49 (Three Hundred Seventeen Thousand One Hundred Thirty Seven and 49/100 dollars). Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. Page 3 of 46 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Sourcewell Indefinite Quantity Construction Agreement (Exhibit L) to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, penalties, liens, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of, incident to , related to, in connection with or resulting from Page 4 of 46 any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.3 Civil Code Exception. Nothing in this Section 5.3 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. Page 5 of 46 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1 Commercial General Liability. 6.1.2 Exhibit D-2 Automobile Liability. Additional Insured Endorsement - Additional Insured Endorsement - 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. Page 6 of 46 6.4 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide Page 7 of 46 complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, within five (5) Months of the Notice to Proceed, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day for the remainder of the Project. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: Page 8 of 46 If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: ACCO Engineered Systems, Inc. 888 East Walnut Street Pasadena, CA 91101 Telephone: (818) 730-5845 Attn: Andy Lufkin 10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation Page 9 of 46 against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide tthat every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to 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 (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. Page 10 of 46 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 20. Entire Contract. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. Page 11 of 46 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Page 12 of 46 IN WITNESS WHEREOF, the parties, through their representatives, have executed this Contract as of the rst CITY OF SEAL BEACH CONTRA � R: Attest: LIM 0 , City Attorney By: ctive authorized above. Name: Title: Risk Manager - Contracts Name: Title: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) Page 13 of 46 engineered systems CERTIFICATE OF CORPORATE RESOLUTION I, Robert M. Osier, Secretary of ACCO Engineered Systems, Inc., a California Corporation ("the Corporation") DO CERTIFY that the following is a true and complete copy of a resolution adopted by the Board of Directors of the Corporation on January 29, 2020, and that said resolution has not been rescinded, removed, amended, or modified in any respect and remains in full force and effect as of the date hereof. CONTRACT, BOND, AND OTHER AGREEMENTS SIGNING AUTHORITY RESOLUTION RESOLVED, that this Corporation does hereby authorize Charles Darway, Ronald Falasca, John Hansen, Jeffrey Marrs, John Petersen, Steven Tuttle, Kenneth Westphal, and Richard Yates in the ordinary course to sign contracts, bonds, and other agreements on behalf of the Corporation. Additionally, these individuals have the authority to authorize in writing, on a case-by-case basis, any of the individuals listed below to execute contracts, bonds, and other agreements in a higher amount than authorized below. RESOLVED, thatthis Corporation does hereby authorize Mark Dauw, and Thomas Reynolds, and, with the written approval of Messrs. Dauw or Reynolds or any of the persons with unlimited authority identified immediately above, for a specific document, Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $5,000,000 on behalf of the Corporation. RESOLVED, that this Corporation does hereby authorize David Anderson, Robert Bayer, Erik Dibble, Robert Felix, Kevin FitzGerald, Larry Jimenez, Gregg Holbrook, Mark Lanphere, Robert Osier, and Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $2,000,000 or less onbehalfof the Corporation. RESOLVED, that this Corporation does hereby authorize Jonathan Bell, Wes Coffey, Richard Ferreira, Charles Oberosler, David Osburn, Michael Potts, and Leland Roberts in the ordinary course of business to sign contracts and bonds of $1,000,000 or less on behalfof the Corporation. RESOLVED, thatthis Corporation does hereby authorize Tareq Barakzoy, Bryan Cooper, Scott Ellis, Thomas Montgomery, Curtis Osborne, Hugh Palmer, Christopher Way, and Richard Wilson in the ordinary course of business to sign contracts and bonds of $500,000 or less onbehalfof the Corporation. RESOLVED, that this Corporation does hereby authorize Rick Adams, Arvin Dalnay, Joseph Fitzgerald, Jason George, Todd Ginn, Dan Grumbles, Greg Guizado, Epi Ramirez, Patrick Rochon, Todd Ulma, and Richard Walker in the ordinary course of business to sign contracts of $250,000 or less on behalf of the Corporation. WITNESS THEREOF, the undersigned has set his hand and affixed the seal of this Corporation on this 4'day of February 2020. Robort. sier, Corporate Secretary Page 1 of 1 EXHIBIT A FAITHFUL PERFORMANCE BOND Page 14 of 46 Bond No. 09352518 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to ACCO Engineered Systems, Inc. 888 East Walnut Street, Pasadena, California 91101 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: CITY HALL HVAC REPLACEMENT PROJECT (PROJECT CIP NO. BG2001) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Fidelity And Deposit Company Of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Seventeen Thousand One Hundred Thirty -Seven and 00/100s Dollars ($ s317.137.49 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and In addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the JpelilllaiQUV11A 4U.VIIIF,/allytlly lulls jQ111Q j11Qt1 111 QI1ywIjG a11QGl IW oullyQlraJt lA uiialCr 1t 11.J ovirv, 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate parry being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: July 29, 1020 "Principal" ACCO Enc By: Its - Hugh Palmer Risk Manager - Contracts By: Its 44M 1`�M11Z�t � VA'% 015.5 (Seal) "Surety' Fidelity And Deposit Company Of Maryland —,. Its Marina Tapia, Witness (Seal) /Vote: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 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 Los Angeles On JUL 3 0 2020 before me, Hailey D Rogers - Notary Public (insert name and title of the officer) personally appeared 4-1l� V 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. W�N� •«► �� HAILEY D. ROGERS Notary Public - California Los Angeles County a t Commission # 2198145 My Comm, Expires May 20, 2021 (Seal) COLORADO ALL-PURPOSE 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 Colorado County of Weld On JUL 2 9 2020 before me, Beverly McCoy, Notary Public personally appeared Simone Gerhard 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. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature BEVERLY MCCOY NOTARY PUBLIC • STATE Of COLORADO Notary ID #20194011592 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato, all of Los Angeles, California, EACH, its true and lawful agent and Attorney -in -Fact, 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 his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6`h day of March, A.D. 2019. �'` ►''° ttr4�� oMatry� lova tl ,�. /i RAL , � �.. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President mint, 4 vwa By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn 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 the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of 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, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. 'raid; Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. 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 to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th 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 on any Power of Attorney ... 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 following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of jUL 7 A PLUM - By: Brian M. Hodges 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.reportsfciaimsgzurichna.com 800-626-4577 EXHIBIT B PAYMENT BOND BtiiSU No. 0:3332318 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to ACCO Engineered Systems, Inc. 888 East Walnut Street Pasadena, California 91101 ("Principal") (Name and address of Contractoo a contract (the "Contract") for the Work described as follows: CITY HALL HVAC REPLACEMENT PROJECT (PROJECT CIP NO. B02001) (Project name) WHEREAS; under the terms of the Contract; the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Fidelity And Deposit Company Of Maryland 777 S. Figueroa Street Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum Of Three Hundred Seventeen Thousand One Hundred Thirty -Seven and 00/100s Dollars ($ $317,137.49 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Seaction 9000"1 Of rale 6ofv 'ri� A of uic viii ii vvuc, w iv yivv a iiy�it of nOiivii tv uicii� Cn their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to I nhnr r'.nrlP RAntinn 1771 9 if thR ry%ndItinn of this Rnnd hg filly rv,rFnrmeri then thig nNigation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, t:A.v^ (2) Identical ccoUnterparts of this instru.-nt, ear, of wk.':;h wall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: July 29, "Principal" F-ITANil By: ?isk Manager - Contracts Its By: l JI0/1% Its .A-mH NkZ-4 Mi (Seal) "Surety" Fidelity And Deposit Company Of Maryland Its Marina Tapia, Witness (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project Is located. 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 Los Angeles On 1111 2 0 7070 before me, Hailey D Rogers - Notary Public (insert name and title of the officer) personally appeared I'AML,-H - , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ HAILEY D. ROGERS NotaryPublic- California Los Angeles County Commission k 2198145 My Comm. Expires May 20, 2021 Signature (Seal) COLORADO ALL-PURPOSE 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 Colorado County of Weld On JUL 2 9 2020 before me, Beverly McCoy, Notary Public personally appeared Simone Gerhard 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. 1 certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary Public BEVERLY MCCOY NOTARY PUBLIC - STATE OF COLORADO Notary ID #20194011592 MV Commission Expires 3/2512023 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato, all of Los Angeles, California, EACH, its true and lawful agent and Attorney -in -Fact, 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 his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6`h day of March, A.D. 2019. KI ��( SEAL ONO ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn 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 the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of 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. �,,,tirn�tJ�4 Via:` Sj:tY''•.b . rJJr+J i ru��P Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th 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 on any Power of Attorney ... 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 following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY i H RF,�OF I haavveQ ereunto subscribed my name and affixed the corporate seals of the said Companies, this day of J U L 1 00 0,�n ti 'wo gapes",.w. c '+� SISAL s .0 a� By: Brian M. Hodges 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.reDOrtSfClaims(a),zurichna.com 800-626-4577 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: ACCO Engineered Systems, Inc. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: (--e4e� —(-o CADJ t'nx�'i 2. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: By: Policy Number Effective Date Expiration Date Its Authorized Representative ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MN0/2020 YY) 07120/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Los Anggeles CA Office CONTACT PHONE (A(C, No, Ext):C866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: 707 wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIL N Los Angeles CA 90017-0460 USA INSURED MURERA: Arch Insurance Company 11150 ACCO Engineered Systems, Inc. 888 East Walnut Street Pasadena CA 91101 USA INSURER B: Arch Indemnity Insurance Company 30830 INSURER C: National Fire & Marine Ins Co 20079 INSURER D: POURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570083096434 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. Limits shown are as requested LTR TYPE OF INSURANCE ISD WVD POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY Y 71PKG8949202EACH OCCURRENCE $2,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP (Any one person) S5,000 PERSONAL & ADV INJURY S2,000,000 GENI AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X❑ JET FX LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY Y Y 71PKG8949202 10/01/2019 10/01/2020 COMBINED SINGLE LIMB accident)$2,000,000 BODILY INJURY ( Per person) X ANYAUTO OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS ONLYAUTOS HIREDAUTOS NON -OWNED PROPERTYDAMAGE ONLY AUTOS ONLY Per accident C UMBRELLALIAB X OCCUR 42XSF30305804 10/01/2019 10/01/2020 EACH OCCURRENCE 51,000,000 X I EXCESS LIAR CLAIMS -MADE AGGREGATE 51, 000, 000 DED RETENTION A WORKERS COMPENSATION AND Y 71WC18949102 10 O1 2019 10/01/2020 X I PER STATUTE OTH- ER EMPLOYERS' LIABILITY Y / N ADS E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE N / A y 74wC18949002 10/01/201910/01/2020 OFFICER/MEMBER EXCLUDED? (Mendatory in NH) CA, OR, TX E.L. DISEASE -EA EMPLOYEE $1,000,000 M yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlonel Remarks Schedule, may be attached I more space Is required) [RE: Construction, All Operations. [AI: The City of Seal Beach ("City'), its elected officials, officers, attorneyys agents employees and volunteers] are included as Additional Insured with respect to the General Liability and Auto moM a Liability Policies; granted a waiver of subrogation for General Liability, Automobile Liability and workers Compensation Policies; and General Liability and Automobile Liability Policies evidenced herein are Primary and Non -Contributory to other insurance available as required by written contract but limited to the operations of the insured under the said contract. Excess Liability is Follow Form. N 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 Seal Beach AUTHORIZED REPRESENTATIVE City Hall 211 8th street t>s � e�AMQ Seal Beach CA 90740 USA � 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 71 PKG8949202 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All parties where required by a written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded insured only applies to the law; and B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its to such additional intended use by any person or organization extent permitted by other than another contractor or subcontractor 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person or organization who is required under a written contract to be included as an "insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71PKG8949202 Named Insured: ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10 - 01-19 00 CA0115 00 10 13 Page 1 of 1 POLICY NUMBER: 71 PKG8949202 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to the loss (Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: 71 PKG8949202 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ACCO ENGINEERED SYSTEMS, INC. Endorsement Effective Date: October 1, 2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization where waiver of our right to recover is permitted by law and is required by written contract provided such contract was executed prior to the loss I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under written contractthat requires you to obtain this agreementfrom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be INCL % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-19 Policy No. 74WCI8949002 Endorsement No. Insured ACCO ENGINEERED SYSTEMS, INC. Premium $ INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By C 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers Compensation Insurance Forms Manual ©1999. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-19 Policy No. 71WCI8949102 Endorsement No. Insured ACCO ENGINEERED SYSTEMS, INC. Premium $ INCL. Insurance Company ARCH INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed. 4-84) 01983 National Council on Compensation Insurance. POLICY NUMBER: 71 PKG8949202 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG2001 0413 C Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT - DESIGNATED CONTRACT(S) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Designated Contract(s): All parties where required by a written contract With respect to the contract(s) designated in the Schedule above, it is agreed that the following subparagraph e. is added to SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B. 5. and SECTION V — GARAGE CONDITIONS, Paragraph B. 5. 5. Other Insurance e. With respect to SECTION II - LIABILITY COVERAGE, where you are specifically required by a written contract designated in the Schedule above to provide insurance that is primary and non-contributory, and the written contract designated in the Schedule above so requiring is executed by you before any "accident', this insurance will be primary and the other insurance will not contribute with this insurance, but only to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: 71PKG8949202 Named Insured: ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10 - 01-19 00 CA0116 00 04 10 Page 1 of 1 Berkshire Hathaway Specialty Insurance THIS POLICY MAY CONTAIN OCCURRENCE, CLAIMS MADE, OR CLAIMS MADE AND REPORTED COVERAGES. VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. Throughout this policy the words "you" and "your" refer to the "named insured" shown in the Declarations and any other person or organization qualifying as a "named insured" under this policy. The words "we", "us" and "our" refer to the company providing this insurance. Words that appear in quotations in this policy have special meaning (see Section V - DEFINITIONS below). SECTION I - COVERAGES We will pay on behalf of the "insured" those sums in excess of the "retained limit" that the "insured" becomes legally obligated to pay as damages because of injury or damage to which this insurance applies. Except as otherwise provided herein or endorsed to this policy, the insurance in this policy will follow the coverages, terms, representations, warranties, definitions, exclusions, conditions and limitations of the "followed policy" as of inception of this policy (subject to Section IV.4. below). If any "underlying policy" includes any more restrictive coverage, terms, definitions, exclusions, conditions, or limitations, then this policy will follow the more restrictive provisions of any "underlying policy". The amount we pay is limited as described in Section III - LIMITS OF INSURANCE below. If any insurance provided by this policy would be in violation of any United States of America economic or trade sanctions, including, but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then that insurance shall be null and void. SECTION II - RETENTION Our obligations in this policy shall only attach after the "retained limit" has in fact been exhausted by payment, in legal currency, of damages by or on behalf of the "underlying insurers". The risk of uncollectability with respect to any "underlying policy" or "underlying insurers" for any reason is expressly retained by the "insured", and is not insured under this policy or otherwise assumed by us. This policy will not recognize the reduction or exhaustion of the "retained limit" due to payments of amounts with respect to any occurrences, claims, losses, damages or suits that are not insured under this policy. If any "underlying policy" grants coverage subject to a sublimit of liability, this policy shall not afford such coverage, however this policy shall recognize any reduction or exhaustion of the "retained limit" by payments with respect to such coverage pursuant to that "underlying policy". SECTION III — LIMITS OF INSURANCE 1. The amount stated as the aggregate limit of insurance in Item 3.6. and, if applicable, 3.C., of the Declarations Page of this policy is the most we will pay for all damages insured under this policy. 2. Subject to 1. above, the limit stated in Item 3.A. of the Declarations Page of this policy is the most we will pay for all damages arising out of any one loss, occurrence, claim or event. 3. Defense costs and expenses shall operate in an identical manner to the "followed policy". Page 1 1 FFP -XS -001-10/2014 Policy No. 42-XSF-303058-04 SECTION IV - CONDITIONS 1. Headings The words used in the headings of this policy are solely for convenience, and form no part of the terms and conditions of the insurance provided by this policy. 2. Assistance and Cooperation a. We shall have the same rights, privileges and protections afforded in the "followed policy". We shall also have the right, but not the obligation, to associate with the "insured" in the defense and settlement of any claim, suit or proceeding relative to an occurrence where a loss appears reasonably likely to involve us, in which event the "insured" shall co-operate with us in respect to the defense of such claim, suit or proceeding. b. Notwithstanding the foregoing, we will have the right and duty to defend any claim made or suit brought or proceeding instituted against an "insured" to which this policy applies if the applicable limits of "underlying policies" have been exhausted in accordance with Section I — COVERAGE. 3. Changes to "Followed Policy" a. We agree that we will follow: I) All changes made to the coverages, terms, representations, warranties, definitions, exclusions, conditions and limitations of the "followed policy" that do not broaden the scope of the insurance already provided; and ii) All additional "insured" and/or additional "named insured" changes subsequently endorsed on the "followed policy" that are not subject to an additional premium charge with respect to the "followed policy". b. Notwithstanding the foregoing, the following changes to the "followed policy" made after the inception date of this policy will not be binding on us unless we agree to them in writing: I) Any change that is subject to an additional premium charge; or III) The inclusion of an additional coverage extension endorsement; or iii) Any other changes that broaden the scope of insurance already provided, except to the extent stated in 3.a.11) above. 4. Maintenance of Underlying Insurance You agree and represent that during the policy period: a. You will keep the "underlying policies" in full force and effect; and b. Any renewals or replacements of the "underlying policies" will provide equivalent insurance to, and afford limits of insurance equal to or greater than, the policy being renewed or replaced. If you fail to comply with these requirements, we will be liable only to the same extent that we would have been liable had you fully complied with these requirements, and the insurance in this policy will only apply as if such insurance and limits of insurance of the "underlying policies" were in place. S. Required Notices to Us by the Insured As soon as practical, you shall give written notice to us of any: a. Occurrence, offense, claim or suit likely to involve this policy; and b. Change, cancellation or non -renewal of the "followed policy". Page 2 1 FFP -XS -001-10/2014 Policy No. 42-XSF-303058-04 6. Unimpaired Underlying Limits of Insurance You warrant that the total limits as listed in the Schedule of Underlying Insurance shall be unimpaired as of the effective date of this policy. In the event such limits are impaired as of the effective date of this policy, this policy shall apply as if such limits of insurance were unimpaired. In the event of non -concurrent policy periods between this policy and any "underlying policies", only occurrences or claims that would be covered during the policy period of this policy shall be considered in determining the extent of any reduction or exhaustion of the underlying aggregate limits of insurance, and the insured shall retain liability for any resulting gap in insurance. 7. Singular and Plural Form of a Word If the singular or plural form of a word is used in this policy, such word shall also include the other form as required in the context of the sentence using such word, as appropriate, including the words contained in Section V- DEFINITIONS below (for example: "underlying policy" and "underlying policies"). 8. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the Insured, will submit to jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. It is further agreed that service of process may be made upon us as provided in the Declarations with respect to Service of Suit, and that in any suit instituted against us, upon this policy, we will abide by the final decision of such court or of an appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Counsel listed in the Declarations with respect to Service of Suit as the person to whom the said officer is authorized to mail such process or a true copy thereof. SECTION V - DEFINITIONS The following Definitions apply to this policy: 1. "Followed policy" means the policy listed in Item 4. of the Declarations Page of this policy. 2. "Insured" means any person or organization that is an insured pursuant to the "followed policy". 3. "Named insured" means the person or entity listed in Item 1. of the Declarations Page of this policy. 4. "Retained limit" means the total applicable limits of all "underlying policies". S. "Underlying insurer" means any of the insurers that are listed in the schedule of underlying insurance of this policy. 6. "Underlying policy" means each policy listed in the Schedule of Underlying Insurance forming a part of this policy and any other applicable underlying insurance, including any self-insured retentions. Page 3 1 FFP -XS -001-10/2014 Policy No. 42-XSF-303058-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker of agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71PKG8949202 Named Insured: ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-01-19 00 ML0087 00 11 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker of agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 74WC18949002 Named Insured: ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-01-19 00 ML0087 00 11 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker of agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71WCI8949102 Named Insured: ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10 - 01-19 00 ML0087 00 11 10 Page 1 of 1 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] j n �,� jn baht h tf C- EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. C-4 C20 C36 C38 License No.: 120696 Class: C10 B A C16 Expiration Date: 12/31/201 Date: July 20, 2020 EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Sectionthe L r Code which require every employer to be insured against liability for worker's compennati o to ertake self-insurance in accordance with the provisions of that code, and I will comply witp A o s before commencing the performance of the Work of this Contract." Date July 20, 2020 Signature Hugh Palmer Risk Manager - Contracts EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: CITY HALL HVAC REPLACEMENT PROJECT (PROJECT CIP NO. BG2001) Indemnitor(s) (list all names): ACCO Engineered Systems, Inc. To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Contract") or the performance or failure to perform any term, provision, covenant, or condition of the Contract, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Contract and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Contract is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Contract or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemn' or regardl of any prior, concurrent, or subsequent active or passive negligence by the Indemnite Inlerins;14 eere is more than one person or entity named in the Contract as an Indemnitor, the II` blitlities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name ALAN ./. -1 . Name: By: Risk Manager - Contracts By: Its Its EXHIBIT H STANDARD SPECIFICATIONS AND REFERENCED DOCUMENTS Standard Specifications for Public Works Construction ("Greenbook") 2. Construction Specifications Institute ("CSI) EXHIBIT I NON -COLLUSION DECLARATION NON -COLLUSION DECLARATION FORM [PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the Risk Manager - Contracts foregoing Bid. of ACCO Engineered Systems, Inc. the party making the The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on July 20, 2020 [date], at Pasadena [City], CA [state]. Project Name: City Hall HVAC Replacement Project (CIP No. BG2001) Legal Business Name of Bidder ACCO Engineered Systems, Inc. Business Address 8 East Walnut Street, Pasadena, CA 91101 Business Tel. No. Z/1 Signature: Signature: Printed Name: SI( Manager - Contracts Printed Name: Date: July 20, 2020 Date: This form must be notarized. 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 Los ffN&f-yC5 —� _ M0'T1q Ey �J On ULY 201 202.0 before me, Joey TcrrZA0 k PA S 1 mons yAnJ PuguL R (insert name and title of the officer) personally appeared �U(�F) LM , who proved to me on the basis of satisfactory evidence to be the person whose name is/ e subscribed to the within instrument and acknowledged to me that he/s�6/tvy executed the same in his/Xr/tlXir authorized capacity(), and that by his/her/their signatureX on the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TONY TIGRAN KARA•SIMONYAK Notary Public - CaHfortfla Los Angeles County Commission # 2264183 My Comm. Expires '.1120, 2022 Signature (Seal) EXHIBIT J CONTRACTOR'S INDUSTRIAL SAFETY RECORD CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name ACCO Engineered Systems, Inc. The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder ACCO Engineered Systems, Inc. Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title 888 East Walnut Street, Pasadena, CA 91101 818-244-6571 120696 Class: C-4 C20 C36 C38 C10 B A C16 Gen Engineering, Contracting, Boiler, Electrical, Fire rotection, HVAC, Refrigeration & Plumbing Current Year of 2019 2018 2017 2016 2015 Total Record Number of contracts 3150 3450 3350 3000 2730 15,680 Total dollar amount of contracts (in $1.15B $1.1B $922M $1.12B $894M $4.9B thousands of dollars) Number of fatalities 0 0 0 0 0 1 1 Number of lost workday cases 11 18 17 19 29 18 112 Number of lost workday cases involving permanent transfer to another job or 0 0 0 0 0 0 0 termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder ACCO Engineered Systems, Inc. Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title 888 East Walnut Street, Pasadena, CA 91101 818-244-6571 120696 Class: C-4 C20 C36 C38 C10 B A C16 Gen Engineering, Contracting, Boiler, Electrical, Fire rotection, HVAC, Refrigeration & Plumbing EXHIBIT K ACCEPTED BID Work Order Signature Document EZIQC Contract No.: CA -08 -SL -CM -A -030618 -AES New Work Order ❑ Modify an Existing Work Order Work Order Number.: 081739.00 Work Order Date: 07/16/2020 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls Owner Name: CALIFORNIA - City of Seal Beach Contractor Name: ACCO Engineered Systems Contact: Ins Lee Contact: Andy Lufkin Phone: 562-431-2527 Phone: 818-730-5845 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA -08 -SL -CM -A -030618 -AES. Brief Work Order Description: City of Seal Beach - City Hall HVAC Replacement - replace 25 ton multi -zone RTU and controls. Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: N Will not aDDIT Work Order Finn Fixed Price: $317,137.49 Owner Purchase Order Number: Approvals CALIFORNIA - City of Seal Beach Date Contractor Date Work Order Signature Document Page 1 of 1 7/16/2020 Sou rcewel I RW Detailed Scope of Work To: Andy Lufkin ACCO Engineered Systems 888 East Walnut Street Pasadena, CA 91101 818-730-5845 Date Printed: July 16, 2020 GORDIAN@) From: Ins Lee CALIFORNIA - City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 562-431-2527 Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls Brief Scope: City of Seal Beach - City Hall HVAC Replacement - replace 25 ton multi -zone RTU and controls. F]Preliminary FIRevised FX Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. City of Seal Beach - City Hall HVAC - Replace Multilone RTU and Controls • Please see detailed scope of work attached to this work order package. The following general specifications apply: • Standard Specifications for Public Works Construction ("Greenbook") • Construction Specifications Institute ("CSI") • Prevailing wage rates shall apply. • Liquidated damages apply per owner contract. Subject to the terms and conditions of JOC Contract CA -08 -SL -CM -A -030618 -AES. Contractor CALIFORNIA - City of Seal Beach Date Date Scope of work Page 1 of 1 7/16/2020 Contractor's Price Proposal - Summary Date: July 16, 2020 Re: IQC Master Contract #: CA -08 -SL -CM -A -030618 -AES Work Order #: 081739.00 Owner PO #: Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls Contractor: ACCO Engineered Systems Proposal Value: $317,137.49 MULTI -ZONE UNIT $317,137.49 Proposal Total $317,137.49 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractors Price Proposal - Summary Page 1 of 1 7/16/2020 Contractor's Price Proposal - Detail Date: July 16, 2020 Re: IQC Master Contract #: CA -08 -SL -CM -A -030618 -AES Work Order #: 081739.00 Owner PO #: manufactured equipment. Advisor to be requested by and cost to be Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls Contractor: ACCO Engineered Systems Proposal Value: $317,137.49 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) MULTI -ZONE UNIT 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $6,858.87 costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note' block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 6,235.34 x 1.00 x 1.1000 - 6,858.87 PAYMENT AND PERFORMANCE BONDS PER SOURCEWELLAGREEMENT 2% OF $310,310.66 X 2%= $6,206.21 2 01 22 20 00 0079 HR Manufacturer Technical AdvisorFor oversight of installation of special $4,818.40 manufactured equipment. Advisor to be requested by and cost to be approved by Owner only. Quantity Unit Price Factor Total Installation 40.00 x 100.00 x 1,2046 = 4,818.40 Rigging of units on and off the roof (5) ACCO In-house rigging techs for (1) day (1) Foreman + (2) journeyman will be on the roof and (2) journeyman will be on equipment bed truck safely fastening pipe for rigging to roof. 3 01 22 20 00 0091 HR Flagperson For Traffic Control $1,397.91 Quantity Unit Price Factor Total Installation 16.00 x 72.53 x 1.2046 = 1,397.91 Flagperson around crane for traffic control 4 01 22 20 00 0093 DAY Traffic Control Systemincludes 1 truck, 1 arrow board, 1 licensed traffic $996.39 control person, traffic cones. Quantity Unit Price Factor Total Installation 100 x 964.75 x 1.0328 - 996.39 LI used for approved traffic control plan 5 01 22 20 00 0094 EA Traffic Control Drawingslncludes engineered stamped drawings as required $644.73 by governing agency. Quantity Unit Price Factor Total Installation 100 x 624.25 x 1.0328 - 644.73 Traffic control drawings for street closure permit 6 01 22 23 00 0955 DAY 100 To 110 Ton Lift, Cable Controlled Lattice Boom, Truck Mounted Mechanical $3,505.22 Crane With Full -Time Operator Quantity Unit Price Factor Total Installation 1.00 x 2,909.86 x 1.2046 = 3,505.22 Crane to rig equipment on and off the roof 7 01 71 13 00 0012 EA 100 Ton Lift Move On/Off Cost, Cable Controlled Lattice Boom Mechanical $1,075.76 Cranelncludes delivery and pickup. Quantity Unit Price Factor Total Installation 100 x 1,041.60 x 1.0328 - 1,075.76 Mobilization of the crane Contractor's Price Proposal - Detail Page 1 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 8 01 74 19 00 0016 EA 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, $691.95 rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material. Quantity Unit Price Factor Total Installation 100 x 669.97 x 1.0328 691.95 Dumpster for construction material disposal 9 01 74 19 00 0030 CY Traditional Building Construction Materials Landfill Dump Fee $2,480.79 Quantity Unit Price Factor Total Installation 200.00 x 12.01 x 1.0328 - 2,480.79 Construction materials dump fee 10 01 74 19 00 0038 CYM Hauling On Paved Roads, First 15 Miles $2,199.86 Quantity Unit Price Factor Total Installation 3,000.00 x 0.71 x 1.0328 2,199.86 Hauling of construction materials to recycling center. Number 1 Recycling 11 07 01 50 81 0002 SF Roof Repair, Built -Up Roofing, Up To 10 SF $3,317.23 Quantity Unit Price Factor Total Installation 140.00 x 19.67 x 1.2046 3,317.23 Roof repairs as needed 12 07 05 13 00 0004 EA >2 To 3 SQ, Mobilization Of Crew For Small Quantity Of Roof Work $2,110.39 Quantity Unit Price Factor Total Installation 3.00 x 583.98 x 1.2046 - 2,110.39 Roof repairs as needed 13 07 51 13 00 0013 SQ Fine Mineral Surfaced, Asphalt Coated Fiberglass Base Sheet, Hot -Mopped $179.55 Quantity Unit Price Factor Total Installation 3.00 x 57.95 x 1.0328 - 179.55 Roof repairs as needed 14 07 51 13 00 0079 SQ BURmastic Premium Composite Ply, Cold Applied BUR ComponentAsphalt $301.78 coated polyester/glass/polyester trilaminate reinforced high strength ply sheet. Type II. 57 mil. Also used as a hot or cold applied base sheet. Quantity Unit Price Factor Total Installation 3.00 x 97.40 x 1.0328 301.78 Roof repairs as needed 15 07 51 13 00 0105 LF 24" TRA Elastomeric Flashing MembranePolyester reinforced flashing $1,248.78 membrane. 45 mils. Quantity Unit Price Factor Total Installation 53.00 x 19.56 x 1,2046 1,248.78 Roof repairs as needed 16 07 51 13 00 0176 SQ 60 Mil Thermoplastic Polyolefin (TPO) Polyester White Membrane $712.39 Quantity Unit Price Factor Total Installation 3.00 x 197.13 x 1.2046 - 712.39 Roof repairs as needed 17 22 11 16 00 0878 LF 3/4" Inside Diameter Copper Pipe/Tubing Type LAssemblylncludes all hangers $464.55 and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available. Quantity Unit Price Factor Total Installation 20.00 x 19.29 x 1.0328 - 398.45 Demolition 20.00 x 3.20 x 1.0328 66.10 Condensate drain piping 18 23 01 10 91 0002 EA Up To 100', Up To 1-1/2" Diameter Pipe, Purge Gas Systems $1,975.06 Quantity Unit Price Factor Total Installation 4.00 x 409.90 x 1.2046 - 1,975.06 Purging of gas piping Contractor's Price Proposal - Detail Page 2 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 19 23 01 20 91 0002 EA Up To 1", Lock Out/Tag Out Valve $91.67 Quantity Unit Price Factor Total Installation 4.00 x 22.19 x 10328 = 91.67 Lock out tag out piping 20 23 01 20 91 0024 EA Shut Down Existing Interior Piping Systemindudes lock out/tag out and $861.39 average line tracing. Use when valves are greater than 25' from work. When the shut-off valves for multiple lines are located with a 10' radius, the quantity used shall be one. Quantity Unit Price Factor Total Installation 4.00 x 178.77 x 1,2046 = 861.39 Shut down of gas feeding the units prior to demo & install 21 23 01 20 91 0026 EA Up To 100', Up To 1-1/2" Diameter Pipe, Purge Liquid System $703.94 Quantity Unit Price Factor Total Installation 2.00 x 292.19 x 1.2046 = 703.94 Evacuating refrigerant piping 22 23 01 60 71 0003 LB Recovery And Recharging Of Refrigerantlncludes cleaning refrigerant gas $1,572.00 prior to recharging. Quantity Unit Price Factor Total Installation 100.00 x 13.05 x 1,2046 = 1,572.00 Recovery of refrigerant prior to demoing all the unit & recharging post installation 23 23 05 29 00 0605 EA 5-5/8" x 6" x 36" Rooftop Bridge Support Base With 12 Gauge Galvanized $3,190.99 Channel (Cooper B -Line Dura-Blok DB10-36) Quantity Unit Price Factor Total Installation 20.00 x 116.91 x 1.2046 = 2,816.60 Demolition 20.00 x 15.54 x 1.2046 374.39 Durabloks to support electrical conduit, condensate piping and gas piping 24 23 05 48 13 0054 EA 2" x 2", 3/8" Thick Ribbed Neoprene Isolation Pad $59.90 Quantity Unit Price Factor Total Installation 8.00 x 5.03 x 1.0328 - 41.56 Demolition 8.00 x 2.22 x 1.0328 = 18.34 Neoprene ribbed vibration isolation pads (4) per unit 25 23 05 93 00 0003 EA Balancing Heating And Ventilating Units $903.35 Quantity Unit Price Factor Total Installation 2.00 x 437.33 x 1.0328 - 903.35 Balancing of new units 26 23 05 93 00 0017 EA Balancing HVAC Duct System, Floor Height Supply, Return, Exhaust, Register $469.97 And Diffuser Quantity Unit Price Factor Total Installation 8.00 x 56.88 x 1.0328 - 469.97 Balancing of ductwork after new unit installation 27 23 05 93 00 0026 EA Balance Dampers $276.86 Quantity Unit Price Factor Total Installation 11.00 x 24.37 x 1.0328 - 276.86 Balancing of dampers after installation 28 23 07 13 00 0036 SF 2" Thick, Aluminum Foil/Mylar Film, Multi -Layer Sheet Elastomeric Insulation $33,772.73 Quantity Unit Price Factor Total Installation 944.00 x 3179 x 10328 = 30,994.08 Demolition 944.00 x 2.85 x 1.0328 = 2,778.65 Insulation for multizone unit and ductwork Contractor's Price Proposal - Detail Page 3 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 29 23 09 23 00 0003 HR EMCS Site Inspection Of Existing Facilities $1,776.42 Quantity Unit Price Factor Total Installation 8.00 x 215.00 x 1.0328 - 1,776.42 Building Controls 30 23 09 23 00 0006 HR EMCS System Software Programming And Graphics Programming $9,420.38 Quantity Unit Price Factor Total Installation 40.00 x 228.03 x 1.0328 - 9,420.38 Building Controls 31 23 09 23 00 0025 EA Install AHU Power Supply In A Control Enclosure $430.64 Quantity Unit Price Factor Total Installation 2.00 x 143.33 x 1.0328 296.06 Demolition 2.00 x 65.15 x 1.0328 = 134.57 Building Controls 32 23 09 23 00 0027 EA Install And Wire Room Sensor $713.38 Quantity Unit Price Factor Total Installation 8.00 x 53.77 x 1.0328 444.27 Demolition 8.00 x 32.57 x 1.0328 = 269.11 Building Controls 33 23 09 23 00 0028 EA Install And Wire Duct Sensor $861.27 Quantity Unit Price Factor Total Installation 8.00 x 71.67 x 1.0328 592.17 Demolition 8.00 x 32.57 x 1.0328 = 269.11 Building Controls 34 23 09 23 00 0029 EA Install And Wire AHU Averaging Sensor $817.46 Quantity Unit Price Factor Total Installation 2.00 x 232.88 x 1.0328 = 481.04 Demolition 2.00 x 162.87 x 1.0328 = 336.42 Building Controls 35 23 09 23 00 0030 EA Install And Wire AHU Humidity Sensor $360.12 Quantity Unit Price Factor Total Installation 2.00 x 125.44 x 1.0328 = 259.11 Demolition 2.00 x 48.90 x 1.0328 = 101.01 Building Controls 36 23 09 23 00 0031 EA Install And Wire AHU CO2 Sensor $471.18 Quantity Unit Price Factor Total Installation 2.00 x 179.21 x 1.0328 = 370.18 Demolition 2.00 x 48.90 x 1.0328 = 101.01 Building Controls 37 23 09 23 00 0032 EA Install And Wire Fan Or Filter DP Switch $471.18 Quantity Unit Price Factor Total Installation 2.00 x 179.21 x 1.0328 = 370.18 Demolition 2.00 x 48.90 x 1.0328 = 101.01 Building Controls 38 23 09 23 00 0035 EA Install And Wire Duct Static Pressure Sensor $393.68 Quantity Unit Price Factor Total Installation 2.00 x 125.44 x 1.0328 = 259.11 Demolition 2.00 x 65.15 x 1.0328 = 134.57 Building Controls Contractor's Price Proposal - Detail Page 4 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 39 23 09 23 00 0036 EA Install And Wire Duct High Static Sensor $215.32 Quantity Unit Price Factor Total Installation 2.00 x 71.67 x 1.0328 148.04 Demolition 2.00 x 32.57 x 1.0328 = 67.28 Building Controls 40 23 09 23 00 0038 EA Install And Wire Emergency Stop Switch ForAHU $578.68 Quantity Unit Price Factor Total Installation 2.00 x 215.00 x 1.0328 = 444.10 Demolition 2.00 x 65.15 x 1.0328 = 134.57 Building Controls 41 23 09 23 00 0039 EA Install And Wire AHU Connection To Starter $780.53 Quantity Unit Price Factor Total Installation 2.00 x 215.00 x 1.0328 - 444.10 Demolition 2.00 x 162.87 x 1.0328 = 336.42 Building Controls 42 23 09 23 000042 EA Install And Wire AHU Damper Actuator $578.68 Quantity Unit Price Factor Total Installation 2.00 x 215.00 x 1.0328 = 444.10 Demolition 2.00 x 65.15 x 1.0328 = 134.57 Building Controls 43 23 09 23 00 0043 EA Install And Wire AHU Smoke Detector Or Fire Alarm Relay $360.12 Quantity Unit Price Factor Total Installation 2.00 x 125.44 x 1.0328 259.11 Demolition 2.00 x 48.90 x 1.0328 = 101.01 Building Controls 44 23 09 23 00 0047 EA Install And Wire AHU Magnahelic $437.45 Quantity Unit Price Factor Total Installation 2.00 x 179.21 x 1.0328 = 370.18 Demolition 2.00 x 32.57 x 1.0328 = 67.28 Building Controls 45 23 09 23 00 0048 EA Install And WireAHU Wireway For Control Enclosure $578.68 Quantity Unit Price Factor Total Installation 2.00 x 215.00 x 1.0328 = 444.10 Demolition 2.00 x 65.15 x 1.0328 = 134.57 Building Controls 46 23 09 23 00 0049 EA Wire And Assemble AHU Control Enclosurelncludes installing all panel devices $814.24 for a medium size panel. Quantity Unit Price Factor Total Installation 2.00 x 394.19 x 1.0328 - 814.24 Building Controls 47 23 09 23 00 0054 EA Install And Wire Fan Coil Unit Controller $471.00 Quantity Unit Price Factor Total Installation 100 x 358.32 x 1.0328 - 370.07 Demolition 1.00 x 97.72 x 1.0328 = 100.93 Building Controls 48 23 09 23 00 0055 EA Mount Fan Coil Unit, Heat Pump, Or Unit Ventilator Controller $222.13 Quantity Unit Price Factor Total Installation 2.00 x 107.54 x 1.0328 = 222.13 Building Controls Contractor's Price Proposal - Detail Page 5 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 49 23 09 23 00 0069 EA Wire And Terminate Temperature Well SensorExcludes well. $1,144.01 Quantity Unit Price Factor Total Installation 8.00 x 89.56 x 1.0328 739.98 Demolition 8.00 x 48.90 x 1.0328 = 404.03 Building Controls 50 23 09 23 00 0105 EA Wire Split System AC Thermostat $6,325.20 Quantity Unit Price Factor Total Installation 8.00 x 716.64 x 1.0328 5,921.17 Demolition 8.00 x 48.90 x 1.0328 = 404.03 Building Controls 51 23 09 23 00 0108 EA Install And Wire Combination Outside Air Temperature/Outside Air Humidity $2,805.95 Sensor Quantity Unit Price Factor Total Installation 4.00 x 483.76 x 1.0328 1,998.51 Demolition 4.00 x 195.45 x 1.0328 807.44 Building Controls 52 23 09 23 00 0241 EA Optimum Start/Stop ProgramPriced per controller requiring optimum start $251.90 programming. Quantity Unit Price Factor Total Installation 3.00 x 81.30 x 1.0328 - 251.90 Building Controls 53 23 09 23 00 0252 EA Basic Economizer Program, HVAC (AHU, RTU, AC Units, Etcetera) $2,691.49 Programming Measures Quantity Unit Price Factor Total Installation 3.00 x 868.67 x 1.0328 - 2,691.49 Building Controls 54 23 09 23 00 0261 EA Discovery And Integration Of Network Devices (Priced Per Point) $4,037.22 Quantity Unit Price Factor Total Installation 60.00 x 65.15 x 1.0328 - 4,037.22 Building Controls 55 23 09 23 00 0263 EA Single Site Home Page Graphics Page With HTML Navigation Code $1,505.24 Quantity Unit Price Factor Total Installation 100 x 1,457.44 x 1.0328 - 1,505.24 Building Controls 56 23 09 23 00 0276 EA Outdoor Mounted Temperature And Humidity Transmitter (Honeywell $5,302.19 H7635C1002) Quantity Unit Price Factor Total Installation 7.00 x 625.86 x 1.0328 - 4,524.72 Demolition 7.00 x 107.54 x 1.0328 777.47 Building Controls 57 23 09 23 00 0532 EA Controller UC400 13" DIN Rail Enclosure, 120 Volt (Trane X13651559010) $413.64 Quantity Unit Price Factor Total Installation 1.00 x 338.22 x 1.0328 - 349.31 Demolition 1.00 x 62.28 x 1.0328 = 64.32 Building Controls 58 23 09 23 00 0621 EA Up To 1,000 Point, High Speed Ethernet Router (Automated Logic LGR1000) $5,362.18 Quantity Unit Price Factor Total Installation 100 x 4,913.92 x 1.0328 = 5,075.10 Demolition 1.00 x 277.97 x 1.0328 = 287.09 Building Controls Contractors Price Proposal - Detail Page 6 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 59 23 09 23 00 0640 EA 6 Digital Outputs, 10 Universal Inputs, 4 Analog Outputs Single Equipment $11,856.77 Control Module (Automated Logic SE6104a) Quantity Unit Price Factor Total Installation 3.00 x 3,340.29 x 1.0328 - 10,349.55 Demolition 3.00 x 486.45 x 1.0328 1,507.22 Building Controls 60 23 09 23 00 0810 EA 1 OK Ohm Thermistor Duct Temperature Sensor With Weatherproof Housing $1,837.89 (Kele ST-D24-XW) Quantity Unit Price Factor Total Installation 8.00 x 172.40 x 1.0328 = 1,424.44 Demolition 8.00 x 50.04 x 1.0328 413.45 Building Controls 61 23 09 23 00 0856 EA DC Current Sensor, Split Core, 0-50/100/200 Amp (Selectable), 4-20mA, 0-5 $562.42 Volt DC (Veris H970HCA) Quantity Unit Price Factor Total Installation 2.00 x 244.49 x 1.0328 - 505.02 Demolition 2.00 x 27.79 x 1.0328 57.40 Building Controls 62 23 09 23 00 0856 EA DC Current Sensor, Split Core, 0-50/100/200 Amp (Selectable), 4-20mA, 0-5 $2,249.69 Volt DC (Veris H970HCA) Quantity Unit Price Factor Total Installation 8.00 x 244.49 x 1.0328 = 2,020.07 Demolition 8.00 x 27.79 x 1.0328 = 229.61 Building Controls 63 23 09 23 00 0919 EA 360 IN -LB, 24 Volt AC, 4-20mA, 2-10 Volt DC, Proportional Control, Non -Spring $7,884.19 Return Direct Coupled Control Damper Actuator (Belimo GMB24-SR) Quantity Unit Price Factor Total Installation 12.00 x 563.86 x 1.0328 - 6,988.26 Demolition 12.00 x 72.29 x 1.0328 = 895.93 Zone Damper Actuators 64 23 23 23 00 0009 LB Refrigerant R -410A $769.64 Quantity Unit Price Factor Total Installation 115.00 x 6.48 x 1.0328 = 769.64 Refrigerant 65 23 31 13 13 0004 LB Sheet Metal Ductwork, Medium Pressure, Field Fabricated, Galvanized, Field $15,442.97 Assemble And Install Quantity Unit Price Factor Total Installation 1,000.00 x 10.07 x 1,2046 = 12,130.32 Demolition 1,000.00 x 2.75 x 1.2046 = 3,312.65 Sheet metal as needed 66 23 31 13 13 0004 0085 For>500 To 1,000, Add $1,794.85 Quantity Unit Price Factor Total Installation 1,000.00 x 149 x 12046 = 1,794.85 67 23 73 13 00 0070 EA 12,500 CFM Multizone Air Handling Unit, Built -Up, Horizontal/ Vertical, $39,218.68 Draw -Through Fan Quantity Unit Price Factor Total Installation 100 x 33,412.94 x 1.0328 = 34,508.88 Demolition 1.00 x 4,560.22 x 1.0328 = 4,709.80 New custom multizone air handling unit to be installed 68 23 73 13 00 0070 0018 EA For Economizer, Panel, Controls And Damper(s), Add $32,360.52 Quantity Unit Price Factor Total Installation 10.00 x 3,133.28 x 1.0328 = 32,360.52 Contractor's Price Proposal - Detail Page 7 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 69 23 73 13 00 0070 0025 For Medium Capacity Filter Box And Throwaway Filters, Add $12,055.19 Quantity Unit Price Factor Total Installation 2.00 x 5,836.17 x 1.0328 - 12,055.19 70 23 73 13 00 0070 0037 For Direct Expansion Cooling Coil, Copper Fins, Add $15,953.86 Quantity Unit Price Factor Total Installation 1.00 x 15,447.19 x 1.0328 - 15,953.86 71 23 73 13 00 0070 0057 For 2 Coils, Independent Circuits, Add $4,006.57 Quantity Unit Price Factor Total Installation 100 x 3,879.33 x 1.0328 - 4,006.57 72 26 01 20 91 0002 EA Lock Out/Tag Out Local Disconnect $67.30 Quantity Unit Price Factor Total Installation 300 x 21.72 x 1.0328 = 67.30 73 26 05 23 00 0023 MLF #18/7 Conductor, Low Volt Thermostat Cable $2,407.92 Quantity Unit Price Factor Total Installation 3.00 x 649.14 x 1.0328 = 2,011.30 Demolition 3.00 x 128.01 x 1.0328 = 396.63 Building Controls 74 26 05 33 13 0007 CLF 3/4" Electrical Metallic Tubing (EMT) With 3 #12 THHN/THWN Assemblylncludes $2,969.94 conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available. Quantity Unit Price Factor Total Installation 3.20 x 689.71 x 1.0328 - 2,279.46 Demolition 3.20 x 208.92 x 1.0328 = 690.47 Electrical installation materials 75 26 05 33 13 0031 CLF 3/4" Rigid Galvanized Steel (RGS) With 3 #10 THHN/THWN Wire $7,496.84 Assemblylncludes conduit, terminations, straps, wire as indicated. Not for use where detail is available. Quantity Unit Price Factor Total Installation 6.40 x 890.60 x 1.0328 = 5,886.79 Demolition 6.40 x 243.58 x 1.0328 = 1,610.04 Electrical installation materials 76 26 05 33 13 0577 LF 3/4" Electrical Metallic Tubing (EMT) Conduit $3,160.37 Quantity Unit Price Factor Total Installation 500.00 x 4.54 x 1.0328 = 2,344.46 Demolition 500.00 x 1.58 x 1.0328 = 815.91 Building Controls 77 26 24 16 00 0050 EA 100 Amp Rating, 24 - 20 Amp Breakers, 120/208 Volt, 4 Wire, 3 Phase $3,054.02 Assembled Panelboard, Main Lugs, 30 Circuit Capacity Quantity Unit Price Factor Total Installation 100 x 2,310.90 x 1.0328 = 2,386.70 Demolition 1.00 x 646.13 x 1.0328 = 667.32 Electrical installation materials 76 26 28 16 00 0180 EA 30 Amp, 600 Volt Class, 3 Phase, 3 Wire, 3 Blades And Fuseholders, Heavy $1,089.18 Duty Fusible, NEMA 3R Enclosure, Neutral Kit, Bolt -On Hubs, Safety Switch Quantity Unit Price Factor Total Installation 100 x 864.39 x 1.0328 = 892.74 Demolition 1.00 x 190.20 x 1.0328 = 196.44 Electrical installation materials Contractor's Price Proposal - Detail Page 8 of 9 7/16/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 081739.00 Work Order Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls MULTI -ZONE UNIT 79 26 28 16 00 0247 EA 200 Amp, 600 Volt Class, 3 Phase, 3 Wire, 3 Blades, Heavy Duty Non -Fusible, $1,985.43 NEMA 3R Enclosure, Neutral Kit, Bolt -On Hubs, Safety Switch Quantity Unit Price Factor Total Installation 100 x 1,560.98 x 1.0328 - 1,612.18 Demolition 1.00 x 361.40 x 1.0328 373.25 Electrical installation materials 80 26 28 16 00 0638 EA Removal And Reinstallation Of Up To 100 Amp Safety Disconnect Switch $1,343.62 Quantity Unit Price Factor Total Installation 3.00 x 433.65 x 1.0328 - 1,343.62 Electrical installation materials 81 27 14 13 16 0181 MLF 2 Pair #22 AWG, Solid, Low Voltage, Placed In Conduit, Plenum Rated, $9,075.46 Shielded Quantity Unit Price Factor Total Installation 6.00 x 956.30 x 1.0328 5,926.00 Demolition 6.00 x 508.24 x 1.0328 3,149.46 Building Controls wiring 82 27 14 13 16 0549 MLF 2/c #22 AWG, Stranded, Shielded, Plenum Rated, Speaker/Communications $11,020.20 And Control Cable, Installed Exposed Quantity Unit Price Factor Total Installation 6.00 x 1,223.35 x 1.0328 - 7,580.86 Demolition 6.00 x 555.02 x 1.0328 3,439.35 Building Controls wiring Subtotal for MULTI -ZONE UNIT $317,137.49 Proposal Total $317,137.49 This total represents the correct total for the proposal. Any discrepancy between line totals sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Page 9 of 9 7/16/2020 GORDIAN& Subcontractor Listing Date: July 16, 2020 Re: IQC Master Contract #: CA -08 -SL -CM -A -030618 -AES Work Order #: 081739.00 Owner PO #: Title: Seal Beach - City Hall Replace Multi -Zone RTU and Controls Contractor: ACCO Engineered Systems Proposal Value: $317,137.49 Subcontractor Listing Page 1 of 1 7/16/2020 RE: City of Seal Beach - City Hall 211 8th Street Seal Beach, CA 90740 April 23, 2020 Iris Lee City of Seal Beach Deputy Director of Public Works/City Engineer Email: ilee@sealbeachca.gov Subiect: Seal Beach City Hall HVAC Upgrade ACCO will provide labor and material to complete the following Scope of Work: • Remove and replace the existing 25 Ton MultiZone Unit systems d Mechanical Services 818 / 730-5845 Cell 2201 Park Place Suite # 400 EI Segundo, CA 90245 The new Multizone unit will be construction locally in California to allow for ease of future maintenance as well as reduced operational costs. The new unit will be constructed to allow increased efficiency. The new Multizone will be connected to a simple control system to allow City of Seal Beach to easily and accurately condition the space. We are pleased to offer you the following proposal for the HVAC upgrade at Seal Beach City Hall. ACCO will provide labor & materials for the following scope of work: MECHANICAL SCOPE OF WORK • Remove and replace (1) 25 -ton Rooftop Multizone AC Unit • The existing Multizone Rooftop Unit has been discontinued and is no longer available • The new Replacement unit to have increased efficiency • Replacement unit options are heavier than the existing unit which will require structural upgrades to the existing roof structure • Start-up and title 24 compliance required testing on the newly installed AC unit CONTROLS SCOPE OF WORK HVAC Controls for (1) Split System for Council Chambers Unit • Disconnect existing Controls from the Council Chambers Unit. • Furnish and Install EMT conduit and cable for the new units' communication • Furnish and install EMT conduit and cable for the new units' controls. • Test operation of the new unit. HVAC Controls for (1) Rooftop Multizone Unit • Disconnect existing Controls from the Multizone Unit. • Furnish and Install EMT conduit and cable for the new units' communication. • Furnish and install EMT conduit and cable for the new units' controls. • Test operation of the new unit. 11 Page RE: City of Seal Beach - City Hall 211 8th Street Seal Beach, CA 90740 en ineered systems Mechanical Services 818 / 730-5845 Cell 2201 Park Place Suite # 400 EI Segundo, CA 90245 HVAC Controls for (7) Multizone Zones • Disconnect existing BMS Controls from the Multizone Unit zones. • Install (1) Factory provided Zone Thermostat for each Zone. (7 total) • Reconnect/extend existing controls conduit and cabling for each Room Thermostat to the new unit. • Test operation of the Zones. ELECTRICAL SCOPE OF WORK • Demo existing electrical connection, save conduit and wire for connection to new unit • Demo existing disconnect and install junction box. Splice existing conductors. • Demo existing conduit from inside roof curb and reroute to outside curb. Make new roof penetration and install flashing for roof repair by others. • Install new 200A disconnect with Fuses on the equipment. Make final equipment connection using seal tight flexible conduit. • Install new EMT conduit and wire from closest unswitched 120V source to power (3) new control panels (provided and installed by others). • Verify voltage and rotation at the completion of scope. • Assist with startup as needed. Clarifications: • Work to be done during after normal working hours. • Work for the split system indoor unit will be allowed to be completed during normal hours to prep for the weekend replacement. • ACCO assumes the systems we are connecting to are mechanically sound • Subcontractor's warranty shall be limited to its work on the zone, product, or material that is subject to a warranty claim. Notwithstanding any conflicting terms in the warranty documents or project specifications, Subcontractor's warranty expressly excludes all labor, materials or other costs related to access in the ceilings or other locations where the warrantied material is located. The owner or general contractor shall be responsible for all labor, material, or other costs necessary to provide Subcontractor with safe access to perform warranty work, including asbestos containment, monitoring, abatement work, opening/closing ceilings, or any other work necessary to grant Subcontractor safe access to the warrantied item in accordance with applicable OSHA standards, all of which must be provided prior to Subcontractor's warranty work. • Parking is assumed to be provided onsite • This job covers only those items listed in the above scope of work no work outside the scope of work will be performed without prior approval from customer's representation. ACCO assumes there not to be any asbestos. Any abatement work would need to be completed by others outside of this contract. 21 Page RE: City of Seal Beach - City Hall 211 8th Street Seal Beach, CA 90740 Exclusions: enineered systems Mechanical Services 818 / 730-5845 Cell 2201 Park Place Suite # 400 EI Segundo, CA 90245 • Line of sight modifications & upgrades (this will be provided by the City) • 3d BIM Coordination • Abatement or any work around hazardous materials. • Concealed system issues / existing unforeseen conditions or repairs for code upgrades to existing systems. • Debris container, temp water/sewer or facilities and construction water. • Parking fees • Special inspections/testing/x-ray or any concrete X-ray. • Detection or handling of any declared hazardous substance. • Point load analysis that shows the weight of each hanger and reaction to the structure. • Demolition and asbestos abatement of any kind including removal of demolished debris. • Connection to existing or new fire/smoke detection system. This work is not included in this pricing. Pricing: Per ezlQC Task Catalog Proposal Terms: This proposal is valid for 30 days unless otherwise indicated. Thank you for this opportunity to quote this project and we look forward to working with you. Should you have any questions or require additional information, please call. Respectfully, ACCO Engineered Systems Andy Lufkin Project Manager (818) 730-5845 CC: Oscar Villalobos, ACCO Project Engineer (424) 394-8559 31 Page EXHIBIT L SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT NATIONAL JOINT POWERS ALLIANCE® Book 1- Project Information, Instructions to Bidders and Execution Documents 01 National 1 National Joint Powers Alliance°` INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: CA08SLCMA-030618 GEOGRAPHIC AREA State of California - Southland This Agreement dated April 04, 2018 , by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and ACCO Engineered Systems, Inc. at the following address 6265 San Fernando Road Glendale CA 91201 hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Project, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POO-EZIQC.com or via facsimile to (864) 233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice(&EZIQC.com or via facsimile to (864) 233-9100. January 2018 Section Three — Bid Forms 33 NATIONAL JOINT POWERS ALLIANCE® Book 1 - Project Information, Instructions to Bidders and Execution Documents ARTICLE 2. SCOPE OF WORK A. The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual NJPA Member. The Purchase Order will require the Contractor to perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A. This Agreement is an indefinite -quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $ 4,700,000. This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors: TO BE ENTERED BY NJPA: Normal Working Hours Prevailing Wade: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9825 (Specify to four (4) decimal places) b. Other Than Normal Workinq Hours Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1459 (Specify to four (4) decimal places) C. Normal Working Hours Non Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.6486 (Specify to four (4) decimal places) d. Other Than Normal Working Hours Non Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.7027 (Specify to four (4) decimal places) January 2018 Section Three - Bid Forms 34 NATIONAL JOINT POWERS ALLIANCES Book 1 — Project Information, Instructions to Bidders and Execution Documents e. Non Pre -priced Adiustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work: z. 1351 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional one-year renewal -extension may be offered by NJPA to Contractor beyond the original three-year term if NJPA deems such action to be in the best interests of NJPA and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Agreement ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. January 2018 Section Three — Bid Forms 35 NATIONAL JOINT POWERS ALLIANCE® Book 1 - Project Information, Instructions to Bidders and Execution Documents Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attomey's fees_ D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: National Joir t Powers Alliance AuKorizM Signat e Jeremy Schwartz -Director of Operations & Procurement/CPO Print Name Contra !r Author d ig at e y R. Marrs Corporate President & Chief Frnr Print Name Contract Number: CA -08 -SL -CM -A -030618 -AES (assigned by NJPA) January 2018 Section Three - Bid Forms 36 DocuSign Envelope ID: C4E46AC8-EAA5-4501-8E77-B9F5D176434F ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between ACCO Engineered Systems 888 East Walnut Street Pasadena, CA 91101 and Sourcewell 202 12th Street NE PO Box 219 Staples, MN 56479 Phone: (218) 894-1930 or (888) 894-1930 Whereas: "Vendor" and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB CA -08 -SL -CM -A -030618 -AES" with an effective date of April 4, 2018, a maturity date of April 3, 2022, and which are subject to annual renewals at the option of both parties. MODIFICATION: SECOND RENEWAL OPTION PERIOD are the Adjustment Factors for the next option period: Pursuant to the agreement between the parties, the following Base Year Option Year Date Index + Date Index 1 March 2017 10277.62 1 March 2019 11227.88 2 April 2017 10678.15 2 April 2019 11228.07 3 May 2017 10692.17 i 3 May 2019 11229.99 4 June 2017 10707.81 4 June 2019 11268.48 5 July 2017 10789.26 5 July 2019 11291.80 6 August 2017 10841.56 6 August 2019 11311. 11 06 7 September 2017 10822.82 7 September 2019 11311.24 8 October 2017 10817.11 8 October 2019 11326.12 9 November 2017 10870.06 9 November 2019 11380.83 10 December 2017 10873.56 10 December 2019 11381.53 11 January 2018 10878.01 11 January 2020 11392.41 12 February 2018 10889.17 12 February 2020 11396.01 Base Average Option Average 10761.4416 11312.1183 Price Adjustment: Second Year Index Average = 11312.1183 = 1.0512 Base Year Index Average 10761.4416 DocuSign Envelope ID: C4E46AC8-EAA5-4501-8E77-B9F5D176434F Now therefore: PRICE ADJUSTMENT_ AWARD MULTIPLIER # CA -08 -SL -CM -A -030618 -AES MULTIPLIER Non Pre -Priced Adjustment Factor 1.1351 Normal Working Hours Prevailing 0.9825 Wage 0.6818 Normal Working Hours Non - 1.2046 Prevailing Wage 0.6486 Other Than Normal Working Hours Prevailing Wage 1.1459 Other Than Normal Working Hours Non -Prevailing Wage 0.7027 Now therefore: PRICE ADJUSTMENT_ _ OPTION MULTIPLIER 1.0000 1.1351 1.0512 1.0328 1.0512 0.6818 1.0512 1.2046 1.0512 0.7387 "Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of April 4, 2020 through April 3, 2021. Soarcewell By:[oocage q: oS"&Yf,� , Its: Director of Cooperative Contracts and Procurement/CPO Name printed or typed: Jeremy Schwartz Date: 2/25/2020 1 9:40 AM CST ACCs F_n>rinPPrmKCvvfPm.c _ �JIiA_DR,Cl._CM_AJ)Z/1611P-d RC By: J , Its: Assistant Secretary Name printed or typed: C n Seyforth Date: d 241A ` ---------------------------------------------------------------------------------------------------------------------------------------------------- If you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: RESOLUTION 7057 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH ACCO ENGINEERED SYSTEMS, INC. FOR CITY HALL HVAC REPLACEMENT PROJECT (CIP NO. BG2001) WHEREAS, staff has determined that the City Hall rooftop HVAC system that services the main building has reached the end of its serviceable life and needs replacement with a new City Hall HVAC Project (CIP No. BG2001) ("Project"); and, WHEREAS, the City solicited for a system replacement proposal for the Project utilizing The Gordian Group EZIQC cooperative purchasing program pursuant to the exemption from competitive bidding requirements as permitted by the City of Seal Beach Municipal Code Section 3.20.025(D); and, WHEREAS, the City received a responsible and responsive bid from ACCO Engineered Systems, Inc., in the amount of $317,137.49 for the Project; and, WHEREAS, ACCO Engineered Systems, Inc. is a qualified firm to perform the Project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the plans, specifications, and contract documents for the Project. Section 2. The City Council hereby approves and awards a construction contract to ACCO Engineered Systems, Inc. for the Project in the amount of $317,137.49. Section 3. The City Council hereby authorizes the City Manager to execute the agreement on behalf of the City. Section 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests up to $32,000, and inspection services up to $10,000, in connection with the Project in the cumulative not to exceed amount of $42,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of July 2020 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None S 3 Schelly Sustarsic, Mayor AT EST: i Gloria D. Harjor, City Clerk Wi i 15F � STATE OF CALIFORNIA } _ COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7057 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular m)&pting held on the 27th day of July 2020. loria D. Harpe City Clerk