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HomeMy WebLinkAboutAGMT - Horizons Construction Company Int'l Inc (Beach Yard Perimeter Wall Improvements Proj CIP No BP2002)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III II,IIII /III'IIID!III�'II�IIIIIIIIIIIII'I'I!II NO FEE *$ R 0 0 1 2 7 6 0 7 4 1$ 202100027813111:27 am 04/26121 399 Sec4A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 'p RECEIVEDSpace of above this line for Recorder's use. IT *** No Recording Fee Pursuant to Government Code Section 6103, 27383 *`** MAY 0 4 2021MT CITY CLERK NOTICE OF COMPLETION CITY OF SEAL 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 March 12, 2021. The work was Beach Yard Perimeter Wall Improvements CIP BP2002 6. The name of the contractor(s), if any, for such improvement was: Horizons Construction Company Int'l, Inc.. The date of the Contract Award was September 14, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, tate of California, and is described as follows: Adjacent to 95 1s' Street. Date: Direc r orks, P.E, 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 ,;Fq _, 2021, at Seal Beach, California. (Dat& of Signature) Directo of PdW Works, City of Seal Beach PUBLIC WORKS AGREEMENT BEACH YARD PERIMETER WALL IMPROVEMENTS PROJECT CIP NO. BP2002 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Horizons Construction Company Int'I, Inc. 432 W. Meats Avenue Orange, CA 92865 (714) 626-0000 This Contract ("Contract") is made as of September 14, 2020, by and between the City of Seal Beach, a California charter city ("City"), and Horizons Construction Company Int'I, Inc., a California corporation, ("Contractor"). Page 1 of 13 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Beach Yard Perimeter Wall Improvements, CIP BP2002 ("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 #: CA08-SCI-GB03-080719-HCC. C. WHEREAS, Contractor submitted a bid to the City for the Project, dated September 4, 2020, in the amount of $64,761.54 ("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 "A" General Engineering Contractor and "B" General Building Contractor (State Contractor's license number (License #825022, DIR #1000011017). 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 the mutual 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 Page 2 of 13 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 (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 September 14, 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 $64,761.54 (Sixty Four Thousand Seven Hundred Sixty One and 54/100 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. Page 3 of 13 4. Contractor's Personnel. 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 law, the Seal Beach Municipal Code,.and other local laws 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, Page 4 of 13 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 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 Page 5 of 13 judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 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: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 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. less than: 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no 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. Page 6 of 13 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. 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 rovisions: 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. Page 7 of 13 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 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 two (2) Months of the date of issuance 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 13 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: Horizons Construction Company Int'I, Inc. 432 W. Meats Avenue Orange, CA 92865 Telephone: (714) 626-0000 Attn: Kinan Kotrash 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 13 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. Prevailinq 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 13 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 13 23. Authori . 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 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: By: Jill R. Ingram, City Mana Name: Kinan Kotrash Attest: �� `' j ��itle: V. Preside v 7' By: Glora *Harper,'Name: Kinan Kotrash Approve Title: Secretary By: (Please note, two signatures required for raigSttorney corporations pursuant to California Corporations Code Section 313.) Page 13 of 13 EXHIBIT A FAITHFUL PERFORMANCE BOND THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE Bond No. WCN 5930084 ** In Duplicate ** PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to Horizons Construction Company International, Inc. 432 Meats Avenue, Orange, CA 92865 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: BEACH YARD PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002 (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 Old Republic Surety Company, 14728 Popp -lent- AvPniiP, SijitP F, Chinn Hills, CA 91709 (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 Sixty -Four Thousand, Seven Hundred Sixty -One and 54/100 Dollars ($ 64,761 54 ), 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 specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. 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 party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: September 16th, 2020 "Principal" "Surety" Horizons Construction MA (Seal) Old Republic Surety Company By: Its Randy �pohr! / Attorney -in -Fact (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. * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY a Wisconsin stock insurance corporation, does make, constitute and appoint: RANDY SPOHN, MATTHEW R. DOBYNS, HAMILTON KENNEY, ASHLEY M. SPOHN, OF SANTA ANA, CA its true and lawful Attomey(s)-in-Fact, with full power and authority,:: for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency, bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds; waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. ' This appointment is made under and by authority of the board of directors at a special meeting held on February 18 1982, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president,; any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (ifa seal be required) by one or more attomeys-in-factor agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons, RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 26TH day of MAY, 2020. OLD REPUBLIC SURETY COMPANY Assistant Secretary $ ;SEAL .. STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS s .� ��"'���^���m"'" President On this 26TH day of MAY; 2020 personally came before me, Alan Pavlie and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANYwho executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 1(.e Notary Ptibra My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commissiondoes not Invalidate this instrument) I, the undersigned, assistant secretary of the OLA REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-7097 R.S. BONDING & INS AGENCY INC 22851-W PonOxsoi2020 Signed and sealed at the City of Brookfield, WI this 16 th day of September , 2 0 2 0 , Assistant Secretary CALIFORNIA 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 CALIFORNIA County of ORANGE On , 17)30before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/afe 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 signatures} on the instrument the person(s), or the entity upon behalf of which the personH ASHLEY MARIE SPOHN acted, executed the instrument. COMM. # 2188665 g NOTARY PUBLIC CALIFORNIA r, _... ORANGE COUNTY o I certify under PENALTY OF PERJURY under the laws of the State of `i My comm. explrtsMa. 27, 2021 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. State of CALIFORNIA County of ORANGE On September 17, 2020 before me YAZMIN BARRERA VALDES, NOTARY PUBLIC Personally appeared KINAN KOTRASH ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/thei authorized capacity (ies), and that by his/he~ signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. YAZMIN BARRERA VALDES Notary Public California Z Orange County > o Commission # 2241343 My Comm. Expires Jun 2, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o, ,t WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER ❑ LIMITED ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) DESCRIPTION OF ATTACHED DOCUMENT Performance Bond — Bond No.: WCN5930084 HORIZONS CONSTRUCTION CO. INT'L, INC. EXHIBIT B PAYMENT BOND Bond No. WCN 5930084 ** In Duplicate ** 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 Horizons Construction Company International, Inc. 432 Meats Avenue, Orange, CA 92865 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: BEACH YARD PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002) (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 Old Republic Surety Company 14728 Pipeline Avenue, Suite E. Chino Hills, CA 91709 (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 Sixty -Four Thousand, Seven Hundred Sixty -One and 54/100 Dollars ($ 64.761.54 ), 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 Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or 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 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation 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, 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 party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: September 16th, 2020 "Princi al" Hon2ons Con By: Its By: Its (Seal) "Surety" Old Republic Surety Company / By: JIUMM11 \ V. ?Yfti4eY+-Randy I po By: �ccx��c�1 Its (Seal) / Attorney -in -Fact 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. * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That OLD REPUBLIC SURETY COMPANY, a Wisconsin stockinsurance corporation, does make, constitute and appoint: RANDY SPOHN, MATTHEW R. DOBYNS, HAMILTON KENNEY, ASHLEY M. SPOHN, OF SANTA ANA, CA its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment; paper and now guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as (allows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these' presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in»fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER; that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company, (i) when signed by the president; any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -factor agents pursuant to and within the limits ofthe authority„ evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company;; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 26TH day of MAY, 2020, ..„, OLD REPUBLIC SURETY: COMPANY • ��At�"a�+L+i✓ s jae Assistant Secretary q SEAL t r 3 ,l 40t STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President On this 26TH day of MAX, 2020 personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �ptAfFJ A,*& A C ..�,. 'wltl'p NotwY Puble My commission expires: 9/28/2022 CERTIFICATE (F,upiration of notary commission does not invalidate this instrument) 1, the: undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation,: CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-7097 vb Signed and sealed at the City of Brookfield, WI this 16th day of September, 2020. a `°, Assistant Secretary R.S. BONDING `&INS AGENCY INC 22851-W POAORS 012020 CALIFORNIA 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 CALIFORNIA County of ORANGE n On before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared RANDY SPOHN , ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (i*, and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of which the personH ) ASHLEY MARIE SPOHNI� acted, executed the instrument. QCOMM. # 2188665 2 NOTARY PUBLIC CALIFORNIA ; I certify under PENALTY OF PERJURY under the laws of the State of ORANGE COUNTY o s.�19•., My comm. expirs M2;. 27,2^211 paragraph California that the foregoing is true and correct. s �� WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. State of CALIFORNIA County of ORANGE On September 17, 2020 before me YAZMIN BARRERA VALDES, NOTARY PUBLIC , Personally appeared KINAN KOTRASH ® 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/theexecuted the same in his/heF/thei authorized capacity (ies), and that by his/#ei signature(s) on the instrument the personal, or the entity upon behalf of which the person(} acted, executed the instrument. AZMIN BARRERA VALDES MZ7 otary Public - California Z ' Orange County Commission # 2241343 ` My Comm. Expires Jun 2, 2022 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. Sig ft ture of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER ❑ LIMITED ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) DESCRIPTION OF ATTACHED DOCUMENT Payment Bond — Bond No.: WCN5930084 HORIZONS CONSTRUCTION CO. INT'L, INC. EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE __"0014HORICON-01 DIANNA Ac-oRo. CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) 9/16/2020 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 CONTACT N NT Goodman Insurance Services, Inc. PHONE (949 _769-31Fac, No )() 949 769 3.930 27042 Towne Centre Drive, Suite 120 A/C, No, Ext)_ )00 1 ._ ' _ _ Foothill Ranch, CA 92610 AARIE35: INSURED Horizons Construction Company International, Inc. 432 West Meats Avenue Orange, CA 92865 A: Benchmark Insurance Company _ ;41394 D : -- -----1 - rnvcoAn-cc r-coTroe+Avc: w uaccc- RFVI_CInN MI IMRFR- 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 COND_I_TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ PREMISES (Ea occyrrence CLAIMS -MADE r— 'OCCUR - -- - -- MED EXP An one Person - PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- JECT LOC _ - ,-- � $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $_____ _. BODILY INJURY (Per person) ANY AUTO OWNED SCHEDULED AUTOS ONLY , AUTOS BODILY INJURY (Per aocaden _4 HIREp NON STED - AUTOS ONLY _ AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE i DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YyI � n stoER/ry in NH) EXCLUDED Mandato in NH L-- X N /Ail I CST6019658 7/15/2020 7/15/2021 X PER OTH- STAT TE ER 11000,000 $ E.L. EACH ACCIDENT E.L. DISEASE - EA E___M_ PLOYEE $ _ _ 11000,000 E.L. DISEASE -POLICY LIMIT If es, describe under DESCRIPTION OF OPERATIONS below $ 1,000,000 I III II I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Workers' Compensation waiver is applicable where required by written contract, with regard to the following project: Project: Project CIP No. BP2002 Beach Yard Perimeter Wall Improvements rFRTIFIrATF i-Inl nFR rAMrFI I ATInM ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Seal Beach City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY t .. - WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract 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 Date: 07/15/2020 Policy No.: CST5019658 Endorsement No. Policy Effective Dates: 07/15/2020 - 07/15/2021 Insured: Horizons Construction Company International, Inc. Carrier Name / Code: Benchmark Insurance Company A WC 04 03 06 Countersigned by (Ed. 04-84) ©Copyright 1984 National Council on Compensation Insurance, Inc. Page 1 of 1 4j, :113 till 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] ACORV CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/24/2020 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: CT Randall Koeneke PHONE FAX 1C No): 562-206-0905 (A/c No. Exti, 310-995-4471 AIC, Sierra Republic Insurance Solutions EMAIL ADDRESS: rkoeneke(cbswerra-repu bl ac- cam INSURERS AFFORDING COVERAGE NAIC # 5150 E. Pacific Coast Hwy., Suite 200 Long Beach CA 90804 INSURER A : Great American Assurance Company 16691 INSURED Horizons Construction Company International 432 W. Meats Avenue INSURER B : Topa Insurance Company 18031 INSURER C: United Financial Casualty Company Pro ressive 11770 GENERAL AGGREGATE $ 2,000,000 Orange, CA 92865 INSURER D: C INSURER E: INSURER F: �'. COVERAGES CERTIFICATE NUMBER: 18014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X Ded: $2,500 r— I Y Y FT GLP2969889 02/18/2020 02/18/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ EXC PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. X POLICY PRO- 7 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED X AUTOS AUTOOWNED HIRED AUTOS X AUTOS �'. 00825531-1 06/19/2020 06/19/2021 COMBI$ Ea accident SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ pROPERTYDAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LAB X OCCUR CLAIMS -MADE f XL0020023403 02/18/2020 02/18/2021 EACH OCCURRENCE $4,000,000 AGGREGATE $ 4,000,000 DED I X RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe undernrq N /A WC STATU- I IOTH- TORY LILAITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ �1 r DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: Beach Yard Perimeter Wall Improvement Project CIP No: BP2002 City of Seal Beach is named as Additional Insured where required by contract. CERTIFICATE HOLDER CANCFLLATIAN ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I!, 7- 11 iT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I!, 7- 11 iT Vl VOL nn ici w01i maul ai we %.vn 1pai iy CG 20 33 (Ed. 0 7 04 ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" 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 oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. 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 b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Copyright, ISO Properties, Inc., 2004 rn ')n Iz iPr4 071nA� xc V1V43L r'%n1V11%,aii naauiain.c vvniNaiiy CG 20 37 (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organization (s): Schedule Location and Description of Completed Operations: Any person or organi ation that "you" and such person or "Your work" performed during this policy period. organi ation have agreed in writing in a contract that such person or organi ation be added as an additional insured Additional Premium: Included on 'your" policy, but only for "your work" performed during this policy period. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organi ation(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations ha ard." Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) (Page 1 of 1) vl VGL "11r,11%,011 naaui ai we vumpai iy GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. r_nr ganorr, fr=ri 1 1 rna\ Yc vi car r%11 lul wai i naaul ai wc %WUI I 1 .rai iy CG 24 04 (Ed. 05/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 organi ation for whom or on whose behalf "you" are performing operations when "you" and such person or organi ation have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organi ation. 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 organi ation 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 organi ation and included in the "products -completed operations ha ard." This waiver applies only to the person or organi ation shown in the Schedule above. Insurance Services Office, Inc., 2008 CG 24 04 (Ed. 05/09) (Page 1 of 1) Policy Number: 00825531-1 Effective: 06/19/2020 COMMERCIAL AUTO UGCA 35 99 0107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE I Name Of Person Or Organization: I City of Seal Beach 211 8th Street Seal Beach, CA 90740 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The inclusion of additional interest or interests will not operate to increase the limit of our liability. An additional premium of 0.00 is fully earned at the time of issue. UGCA 35 99 01 07 ISO Copyrighted Material Included Page 1 of 1 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 § 7028.151 [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. License No.: 825022 Class: A, B, C36, C21, Expiration Date: 09/30/2021 C12, C8, C2 & C20 Date: Q 2-ZI�, 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 Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date 09/22/2020 Signature Kinan Kotrash, V. President EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: BEACH WALL PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002) Indemnitor(s) (list all names): 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 Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Contract as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name By: Y, �r Its V . PY-es i Name: By: K 1 viin vK U fYc� y� Its Sdcfe,�,{ U 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 V. President foregoing Bid. of Horizons Construction the party making the Co. Infl, Inc. 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 09/22/2020 [date], at Orange [city], CA [state]. Beach Yard Perimeter Wall Improvements Project Name: Horizons Construction Co. Infl. Inc. Legal Business Name of Bidder 432 W. Meats Ave. Orange, CA 92865 Business Address _7__ 14-62fi-n000 Business Tel. No. Signature: Signature: Printed Name: K' Ko'tlraV. President Printed Name: Kinan Kotra�s�h, Secretary Date: 9/2 2,,sh, � G� _�-ZO Date: This form must be notarized. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. State of CALIFORNIA County of ORANGE On September 22, 2020 before me YAZMIN BARRERA VALDE,S, NOTARY PUBLIC Personally appeared KINAN KOTRASH , ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she{theexecuted the same in his/her}t+wef authorized capacity (ies), and that by his/heythei signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. YAZMIN BARRERA VALDES F n Notary Public - California Orange County Commission 7/2241343 My Comm. Expires Jun 2, 2022 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. Sig *ure of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER ❑ LIMITED ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) DESCRIPTION OF ATTACHED DOCUMENT Project CIP No. BP2002 Non -Collusion Declaration Form HORIZONS CONSTRUCTION CO. INT'L, INC. EXHIBIT J CONTRACTOR'S INDUSTRIAL SAFETY RECORD CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name Horizons Construction Co. Infl, Inc. I he intormation 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 Business Address Business Tel. No. State Contractor's License No. and Classification: Title Horizons Construction Co. Infl, Inc. 432 W. Meats Ave. Orange, CA 92865 714-626-0000 825022 A, B, C36, C21, C12, C8, C2 & C20 V. President Current Year of 2019 2018 2017 2016 2015 Total Record Number of contracts 19 24 20 17 14 11 105 Total dollar amount of contracts (in thousands of 22 M 29M 28M 23M 21 M 16M 139M dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost workday cases 0 0 0 0 0 0 0 Number of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment I he intormation 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 Business Address Business Tel. No. State Contractor's License No. and Classification: Title Horizons Construction Co. Infl, Inc. 432 W. Meats Ave. Orange, CA 92865 714-626-0000 825022 A, B, C36, C21, C12, C8, C2 & C20 V. President EXHIBIT K ACCEPTED BID Work Order Signature Document EZIQC Contract No.: CA08-SCI-GB03-080719-HCC F] New Work Order 1-1 Modify an Existing Work Order Work Order Number.: 083458.00 Work Order Date: 09/04/2020 Work Order Title: Seal Beach - Beach Maintenance Yard New Fencing Owner Name: CALIFORNIA - City of Seal Beach Contractor Name: Horizons Construction Co. Int'I, Inc. Contact: Iris Lee Contact: Kinan Kotrash Phone: 562-431-2527 Phone: (714) 626-0000 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 CA08-SCI-GB03-080719-HCC. Brief Work Order Description: Remove existing chain link fencing and replace with new fencing and decorative screening. Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 1K Will nota I : El Work Order Firm Fixed Price: $64,761.54 Owner Purchase Order Number: Approvals � �Zp2o CALIFORNIA -City of Seal Beach Date Co ct ► t V - Pk�Sjde4i-t- Date Work Order Signature Document Page 1 of 1 9/4/2020 Sourcewell!- Detailed Scope of Work To: Kinan Kotrash Horizons Construction Co. Int'I, Inc. 432 W. Meats Ave. Orange, CA 92865 (714)626-0000 Date Printed: September 04, 2020 �CTAIWKJN From: Iris Lee CALIFORNIA - City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 562-431-2527 Work Order Number: 083458.00 Work Order Title: Seal Beach - Beach Maintenance Yard New Fencing Brief Scope: Remove existing chain link fencing and replace with new fencing and decorative screening. F1 Preliminary Revised a 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. 083458.00 - Seal Beach - Beach Maintenance Yard New Fencing Detailed Scope of Work • Demo Appox. 380 LF of existing Chain Link Fencing • Install 140 LF of 8' High Chain Link Fence with Decorative Wind Screen along San Gabriel Bike Trail • Auger Dig and Place Concrete and Post Fill for New Chain Link Fence Post • Install 240 LF 8' Ht Masonry wall with Concrete Footings along the dirt field. • Prevailing wage rates apply. • Liquidated damages apply as such: $500/day. Subject to the terms and conditions of JOC Contract CA08-SCI-GB03-080719-HCC. 22 X1 _ 2LX) Contractor J�i r" fa -41t �/ _ eScd f'►'rt Date CALIFORNIA- City of Seal Beach Date Scope of Work Page 1 of 1 9/4/2020 Contractor's Price Proposal - Summary Date: September 04, 2020 Re: IQC Master Contract #: CA08-SCI-GB03-080719-HCC Work Order #: 083458.00 Owner PO #: Title: Seal Beach - Beach Maintenance Yard New Fencing Contractor: Horizons Construction Co. Int'I, Inc. Proposal Value: $64,761.54 Section - 01 $5,270.03 Section - 03 $8,005.19 Section - 04 $38,294.08 Section - 31 $551.35 Section - 32 $12,640.89 Proposal Total $64,761.54 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 - Summary Page 1 of 1 9/4/2020 Contractor's Price Proposal - Detail Date: September 04, 2020 Re: IQC Master Contract #: CA08-SCI-GB03-080719-HCC Work Order #: 083458.00 Owner PO #: Title: Seal Beach - Beach Maintenance Yard New Fencing Contractor: Horizons Construction Co. Int'l, Inc. Proposal Value: $64,761.54 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Section - 01 1 01 22 23 00 0401 DAY 3,500 LB Mini -Excavator With Full -Time Operator $2,241.32 Quantity Unit Price Factor Total Installation 2.00 x 987.28 x 1.1351 2,241.32 Mini Excavator used to Dig and Back Fill for Concrete Footing 2 01 22 23 00 0401 0070 MOD For Equipment Without Operator, Deduct $0.00 Quantity Unit Price Factor Total Installation 0.00 x -720.62 x 1.1351 - 0.00 3 01 22 23 00 1370 DAY 6 CY Rear Dump Truck With Full -Time Truck Driver $2,396.17 Quantity Unit Price Factor Total Installation 2.00 x 1,055.49 x 1.1351 - 2,396.17 Removing of Dirt Export 4 01 71 13 00 0002 EA First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization $268.14 Using A Rollback Flatbed Trucklncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlifts with up to 40' boom lengths, etc. Quantity Unit Price Factor Total Installation 1.00 x 236.23 x 1.1351 - 268.14 Delivery and Pick up for Mini Excavator 5 01 74 19 00 0038 CY Excavated Dirt Landfill Dump Fee $364.40 Quantity Unit Price Factor Total Installation 27.00 x 11.89 x 1.1351 - 364.40 Dirt removed for Concrete Footings Subtotal for Section - 01 $5,270.03 Section - 03 6 03 21 16 00 0067 LF #4, Grade 60, Footings, Epoxy Coated Steel Reinforcement Bar $277.87 Quantity Unit Price Factor Total Installation 240.00 x 1.02 x 1.1351 277.87 Concrete Footing Rebar Vertical @ 48" O.C. 7 03 21 16 00 0067 LF #4, Grade 60, Footings, Epoxy Coated Steel Reinforcement Bar $555.75 Quantity Unit Price Factor Total Installation 480.00 x 1.02 x 1.1351 555.74 Concrete Footing Rebar Horizontal 480 LF Contractor's Price Proposal - Detail Page 1 of 3 9/4/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 083458.00 Work Order Title: Seal Beach - Beach Maintenance Yard New Fencing Section - 03 8 03 31 13 00 0023 CY Concrete Pump, Place 3,000 PSI Concrete Spread FootingsExcludes pumping $6,631.55 equipment. Quantity Unit Price Factor Total Installation 27.00 x 216.38 x 1.1351 - 6,631.55 Place of Concrete for footings Footing size is 2' wided by 1.5' deep x 240 LF = 720 CF / 27 = 27 CY 9 03 31 13 00 0023 0028 MOD For 3,500 PSI Concrete, Add $227.41 Quantity Unit Price Factor Total Installation 27.00 x 7.42 x 1.1351 = 227.41 10 03 31 13 00 0023 0040 MOD For >20 To 50, Add $312.61 Quantity Unit Price Factor Total Installation 27.00 x 10.20 x 1.1351 - 312.61 Subtotal for Section - 03 $8,005.19 Section - 04 11 04 05 16 26 0003 LF Grout Bond Beams And Lintels - 8" Block, Grout Fill Only, 0.20 CF/LF, 8" Deep $488,21 Quantity Unit Price Factor Total Installation 110.00 x 3.91 x 1.1351 - 488.21 Grouting of Bond Beams 12 04 05 16 26 0009 SF Grout Concrete Block Cores- 8" Block, Grout Fill Block Solid (0.258 CF/SF) $3,258.87 Quantity Unit Price Factor Total Installation 495.00 x 5.80 x 1.1351 - 3,258.87 Grout Block Cores =1920 SF x 0.258 = 495 SF 13 04 05 19 26 0037 LF #4, Grade 40, Horizontal Placed, Epoxy -Coated Masonry Reinforcement Bar $762,79 Quantity Unit Price Factor Total Installation 480.00 x 1.40 x 1.1351 = 762.79 Install Horizontal Rebar for Masonry Wall 14 04 05 19 26 0049 LF #4, Grade 50, Vertical Placed, Epoxy -Coated Masonry Reinforcement Bar $893.55 Quantity Unit Price Factor Total Installation 480.00 x 1.64 x 1.1351 = 893.55 Install Vertical Rebar for Masonry Wall 15 04 22 23 29 0005 SF 8" x 8" x 16", Plain Or Scored, Split Face, Concrete Block $27,187.92 Quantity Unit Price Factor Total Installation 1,600.00 x 14.97 x 1.1351 = 27,187.92 240LF 8' Ht Split Face Masonry 240'x 8'= 1920 SF 16 04 22 23 29 0011 SF 8" x 8" x 16", Plain Or Scored, Split Face, Bond Beam Or Lintel Concrete Block $5,702.74 Quantity Unit Price Factor Total Installation 320.00 x 15.70 x 1.1351 - 5,702.74 Install 2 Rows of Bond Beams CMU Blocks for Walls = 240 x 2 = 480 LF 480 LF x 8" = 320 SF Subtotal for Section - 04 $38,294.08 Section - 31 Contractor's Price Proposal - Detail Page 2 of 3 9/4/2020 Contractor's Price Proposal - Detail Continues.. Work Order Number: 083458.00 Work Order Title: Seal Beach - Beach Maintenance Yard New Fencing Section - 31 17 31 23 16 36 0021 CY Compaction Of Fill Or Subbase For Building Foundations and Other Structures $315.06 by Vibratory Plate, Air Tamper, Etcetera Quantity Unit Price Factor Total Installation 27.00 x 10.28 x 1.1351 = 315.06 Compaction of Native Soil for Footings 18 31 23 16 36 0021 0023 MOD For >20 To 50, Add $236.29 Quantity Unit Price Factor Total Installation 27.00 x 7.71 x 1.1351 = 236.29 Subtotal for Section - 31 $551.35 Section - 32 19 32 31 13 13 0008 VLF 8" Diameter Hole, Auger By Machine Fence Post Hole In Soil $440.41 Quantity Unit Price Factor Total Installation 27.00 x 14.37 x 1.1351 440.41 Auger down 1.5 Feet 8" Diameter per Fence Post 18 Post 20 32 31 13 13 0025 VLF 8" Diameter, Concrete Fill For Post Hole $463.39 Quantity Unit Price Factor Total Installation 27.00 x 15.12 x 1.1351 463.39 Concrete fill for 1.5 Feet 8" Diameter per Fence Post 18 Post 21 32 31 13 13 0051 VLF 8" Diameter, Compacted Earth Fill For Post Hole $318.43 Quantity Unit Price Factor Total Installation 27.00 x 10.39 x 1.1351 - 318.43 Soil Compaction for Fence Post total of 18 post 22 32 31 13 13 0158 LF 8' Vinyl Cover Chain Link Fence, 9 Gauge Coiled Spring Mesh, Top And Bottom $8,488.28 Rails, 2-1/2" Line Post At 10' On Center, 3" Comer Post Quantity Unit Price Factor Total Installation 140.00 x 38.92 x 1.1351 - 6,184.93 Demolition 380.00 x 5.34 x 1.1351 = 2,303.34 Install 8 ft High 350 LF of Chain Link Fencing 23 32 31 13 13 0158 0159 MOD For Powder Coated Framework (Posts, Rails, Hardware), Add $570.50 Quantity Unit Price Factor Total Installation 140.00 x 3.59 x 1.1351 = 570.50 24 32 31 13 13 0158 0168 MOD For Posts 8' On Centers, Add $338.49 Quantity Unit Price Factor Total Installation 140.00 x 2.13 x 1.1351 - 338.49 25 32 31 13 13 0251 SF Vinyl Coated Polyester Windscreen For Fence, 7 Oz Per SY $2,021.39 Quantity Unit Price Factor Total Installation 1,120.00 x 1.59 x 1.1351 = 2,021.39 140 LF x 8' Ht = 1120 SF of Decorative Wind Screen Subtotal for Section - 32 $12,640.89 Proposal Total $64,761.54 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 3 of 3 9/4/2020 GORDIAN& Subcontractor Listing Date: September 04, 2020 Re: IQC Master Contract #: CA08-SCI-GB03-080719-HCC Work Order #: 083458.00 Owner PO #: Title: Seal Beach - Beach Maintenance Yard New Fencing Contractor: Horizons Construction Co. Infl, Inc. Proposal Value: $64,761.54 buocontratttor Listing Page 1 of 1 9/4/2020 EXHIBIT L SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B Sourcewell k Formerly NJPA INDEFINITE QUANTITY CONSTRUCTION AGREEMENT I F B NUMBER: CA08-SCI-G B03-080719 GEOGRAPHIC AREA: State of California - Region 8—Southern Coastal and Interior This Agreement dated August 28, 2019, by and between Sourcewell (Formerly NJPA)and Horizons Construction Company Int'I Inc. at the following address, 432 W Meats Avenue, Orange CA 92865 hereinafter referred to as the CONTRACTOR. WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents as issued (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 a Sourcewell 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 a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233- 9100. D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide notification to Sourcewell 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. 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. AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual Sourcewell 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 ofSourcewell. 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 SOURCEWELL: Normal Working Hours 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: 1.1351 (Specify to four (4) decimal places) b. Other Than Normal Working 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: 1.1784 (Specify to four (4) decimal places) C. Normal Working Hours-OSHPD and Secured Areas: 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: 1.2649 (Specify to four (4) decimal places) Other Than Normal Working Hours-OSHPD and Secured Areas: 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: 1.2973 (Specify to four (4) decimal places) AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B 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: 1.2108 (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 Sourcewell to Contractor beyond the original three-year term if Sourcewell deems such action to be in the best interests of Sourcewell 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. Sourcewell may, for any reason, terminate this Agreement at anytime. 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. Sourcewell selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezlQC, 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 Sourcewell and Sourcewell 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 Sourcewell and Sourcewell 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 Sourcewell, 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 Sourcewell and Sourcewell 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 Sourcewell 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. Contractor shall have no right or interest in any AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B C. 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. D. 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 attorney's fees. E. 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 Sourcewell or a Sourcewell 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. DocuSiyned by: By: Sourcewell E COFD2A139D08489... Authorized Signature Jeremy Schwartz -Director of Operations & Procurement/CPO Print Name DocuSi9ned by: Contractor .� 6fra& zD384587FC59499. Authorized Signature Kinan Kotrash - Vice -President Print Name Contract Number: CA08-SCI-GB03-080719-HCC AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 4 DocuSign Envelope ID: D10D75F4-DC2F-4D31-970A-59E331956699 ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between Horizons Construction Co. Int'I, Inc. 432 W. Meats Ave. Orange, CA 92865 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 CA08-SCI-GB03-080719-HCC" with an effective date of August 28, 2019, a maturity date of August 27, 2023, and which are subject to annual renewals at the option of both parties. MODIFICATION: FIRST RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period: Base Year Base Average 11193.9608 Option Year Date Index I July 2018 1 11 16.07 2 August 2018 1 1 124.49 3 September 2018 1 1169.87 4 October 2018 1 1 169.68 5 November 2018 11 183.93 6 December 2018 11 185.44 7 January 2019 11205.73 8 February 2019 1 1217.90 9 March 2019 11 396.97 10 April 2019 --11227.88 1 1228.07 11 Mav 2019 11229.99 12 June 2019 11268.48 Base Average 11193.9608 Option Year Option Average 11371.2525 Price Adjustment: First Year Index Average = 11371.2525 = 1.0158 Base Near Index Average 11193.9608 Date Index I July 2019 1 1291.80 2 August 2019 1 131 1.06 3 September 2019 1 131 1.24 4 October 2019 1 1326.12 5 November 2019 1 1380.83 6 December 2019 1 1381.53 7 January 2020 1 1392.41 8 February 2020 1 1396.01 9 March 2020 11 396.97 10 April 2020 1 1412.67 11 May 2020 1 1418.16 12 June 2020 11436.23 Option Average 11371.2525 Price Adjustment: First Year Index Average = 11371.2525 = 1.0158 Base Near Index Average 11193.9608 DocuSign Envelope ID: D10D75F4-DC2F-4D31-970A-59E331956699 Now therefore: "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 August 28, 2020 through August 27, 2021. Sourcewell By: [o zynca W: Scicwavfy Name printed or typed: Date: 7/8/2020 1 11:12 PM CDT , Its: Director of Cooperative Contracts and Procurement%CPO Jeremy Schwartz Horizons Construction Co Intl, Inc. - #CA08-SCI-GB03-080719-HCC 0 5prca q: [ik,aa. kefrasG. B) �ST:�• Its: Secretary Name printed or typed: Ki nan Kotrash Date: 71812020 1 12:00 PM PDT If you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: Date: AWARD MULTIPLIER X PRICE ADJUSTMENT — OPTION MULTIPLIER it CA08-SCI-GB03-080719-HCC Non Pre -priced 1.2108 1.0000 1.2108 Normal Working Hours Prevailing Wage 1.1351 1.0158 1.1530 Normal Working Hours-OSHPD and Secured Areas 1.2649 1.0158 1.2849 Other Than Normal Working Hours Prevailing Nage 11784 1.0158 1.1970 Other Than Normal 'Working Hours- OSHPD and Secured .Areas 1.2973 1.0158 1.3178 Now therefore: "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 August 28, 2020 through August 27, 2021. Sourcewell By: [o zynca W: Scicwavfy Name printed or typed: Date: 7/8/2020 1 11:12 PM CDT , Its: Director of Cooperative Contracts and Procurement%CPO Jeremy Schwartz Horizons Construction Co Intl, Inc. - #CA08-SCI-GB03-080719-HCC 0 5prca q: [ik,aa. kefrasG. B) �ST:�• Its: Secretary Name printed or typed: Ki nan Kotrash Date: 71812020 1 12:00 PM PDT 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 7070 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC., FOR BEACH YARD PERIMETER WALL IMPROVEMENTS (CIP NO. BP2002) WHEREAS, staff has determined that the City's Beach Yard perimeter fencing is in need of replacement and has budgeted the Beach Yard Perimeter Wall Improvements (CIP No. BP2002) ("Project") in the Capital Improvement Program; and, WHEREAS, the City solicited for a 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 Horizons Construction Company International, Inc., in the amount of $64,761.54for the Project; and, WHEREAS, Horizons Construction Company International, 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 Horizons Construction Company International, Inc., for the Project in the amount of $64,761.54. 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 $5,000, and inspection services up to $5,000, in connection with the Project in the cumulative not to exceed amount of $10,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 Schelly Sustarsic, Mayor A EST: _ h�__AAL�` loria D. FWer, City Clerk 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 7070 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meefg hejd on the 14th day of September 2020. Gloria D. Haipbr, City Cfer