Loading...
HomeMy WebLinkAboutAGMT - Vincor Construction Inc (Police Department Outside Locker Replacement Project CIP No BG2103)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 1111111111111111111111 1111J 1111111111 IIIIJ 11111111111111111111 �1111 I III JillIIJill N0 FEE *$ R 0 0 1 3 6 5 6 4 4 7$* 2022000135198 9:00 am 04/08122 18 412A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Space of above this line for Recorder's use. *"* No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** --'IV, NOTICE OF COMPLETIO APR 15 2022 Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. MY CLERK Notice is hereby given that: CITY OF'SEAL AlL BEACH 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 7, 2022. The work was Police Department Outside Locker Replacement Project, CIP BG2103. 6. The name of the contractor(s), if any, for such improvement was: Vincor Construction, Inc. The date of the Contract Award was April 12, 2021. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 911 Seal Beach Boulevard. Seal Beach CA. Date: 3 3 ZD ZZ O 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 / O rCh 3/1 , 2022, at Seal Beach, California. (Date of Signature) zz Steve Myrfer, P. E., Direclo of Public Works City of Seal Beach PUBLIC WORKS AGREEMENT POLICE DEPARTMENT OUTSIDE LOCKER REPLACEMENT PROJECT PROJECT CIP NO. BG2103 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0. Vincor Construction, Inc. 2651 Saturn Street Brea, CA 92821 (714) 528-2900 This Contract ("Contract") is made as of April 12, 2021, by and between the City of Seal Beach, a California charter city ("City"), and Vincor Construction, Inc., a California corporation ("Contractor"). Page 1 of 13 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Police Department Outside Locker Replacement Project, CIP BG2103 ("Project") with respect to design criteria and technical requirements; and B. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City solicited bids for the Project through The Gordian Group EZIQC - Contract #: CA-08-SL-B-B-030618-VCI. C. WHEREAS, Contractor submitted a bid to the City for the Project, dated March 26, 2021, in the amount of $49,650.85 ("Accepted Bid" hereinafter), attached hereto as Exhibit K and incorporated herein by reference, which constitutes the lowest acceptable bid. The Accepted Bid contains, among other things, provisions defining the Project scope. D. WHEREAS, Contractor is a California licensed "B" General Building Contractor (State Contractor's license number (License #763743, DIR #1000009803). 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, List of Subcontractors, Contractor's Industrial Safety Record, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to Page 2 of 13 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 Specifications and Reference Documents (Exhibit H), Non -Collusion Declaration (Exhibit 1), Contractor's Industrial Safety Record (Exhibit J), List of Subcontractors (Exhibit K), Accepted Bid (Exhibit L), Sourcewell Indefinite Quantity Construction Agreement (Exhibit M), 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 April 12, 2021 (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 $49,650.85 (Forty Nine Thousand Six Hundred Fifty and 85/100 dollars). Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. Page 3 of 13 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, losses, bid protests, stop notices, judgments, fines, penalties, liens, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of, incident to , related to, in connection with or resulting from Page 4 of 13 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 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 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 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 Page 5 of 13 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. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 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: Page 6 of 13 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide 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 eighteen (18) weeks 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 Page 7 of 13 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: 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: Vincor Construction, Inc. 2651 Saturn Street Brea, CA 92821 Telephone: (714) 528-2900 Attn: John Kang Page 8 of 13 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 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 that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibits E and F, attached hereto and incorporated by this reference herein. 17. Claim Dispute Resolution. Page 9 of 13 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. 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 Page 10 of 13 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 Agreement. 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. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Page 11 of 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. App By: CONTRACTOR: Vincor Construction, Inc., a California corporation Y. Name: Vincent Cortcs Titlel Presideat "v By: Name: Michele Cortes Title: CFO (Please note, two signatures required for City Attorney corporations pursuant to California Corporations Code Section 313.) Page 12 of 13 EXHIBIT A FAITHFUL PERFORMANCE BOND Executed in duplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: Premium: $581.00 Premium is for contract term and subject to adjustment based on final contract price Bond No. 30123359 WHEREAS the City of Seal Beach ("City"), has awarded to Vincor Construction. Inc. Cca 2651 Satum Street Brea CA 92821 (Name and address of Contractor) ("Principal") a contract (the "Contract") for the Work described as follows: POLICE DEPARTMENT OUTSIDE LOCKER REPLACEMENT PROJECT PROJECT CIP NO. BG2103) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Western Surety Company (& 151 N FRANKLIN ST CHICAGO IL 60606 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of forty nine thousand six hundred fifty and 85/100 Dollars ($ 49.650.85 ), 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: April 14th, 2021 "Principal" Vincor Construction, Inc. By: 41tMichele es, CFO _ZOOSts- Pp .- •. v�`FC4 4P (Seal) "Surety" Western Surety Company By: Its Michael R. Strahan, homey- -Fac% Its (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 Departments most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. "knstm Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael R Strahan, Brian Guzman, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 31 st day of December, 2020. WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 31st day of December, 2020, before me personally came Paul T. Bru flat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ---- K=0"MyW1 OMNtJune 23, 2021 CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14' day of April, 2021. WESTERN SURETY COMPANY Form F4290-7-2012 ' L. Nelson, Assistant Secretary Go to www.cnasurety tom > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. .c1 A v�„N.a'!:t�N'A .A .M..•A M r .SA .A :� .P 'A A N N ,N .N .A N .A M . A notary pubiic or other officer ;,ompiebng tis certificate verifies only the identity cf the !rciv:cua: wnc signer he document to which this certificate is attached. and not the truthfulness. accuracy. or vaiid'ty of 'nal jocumert. State of Califomia County o` On before me.IF I i L Date He e Inserts Nam and -.t,,Cr" the Offic r personally appeared l ^-- NameAof SignerX who proved to me on the basis of satisfactory evidence to be the perso0W whose ^arnA.✓ars subscribed to the within instrument and acknowledged to me that h�they executed the same in h (i� heir authorized capacity, and that by his69itheir signaturejg on the instrument the persorl(s}, or entity upon behalf of which the person* act executed the instrument. I certify under PENALTY OF PERJURY :.ender the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seaL SHIRLEY ROSE KANG Notary Public • Calitornla Signature _ a, orange County t Commission 12265394 Sl9t7atUt 9 Pubii My Comm. Expires Nov 27, 2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of ttie document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: = Corporate Officer — Tit*s): = Partner — = Limited - General = Individual _ Attorney in Fact ` Trustee = Guardian or Conservator — Other Signer Is Representing: Signer's Name: - Corporate Officer — T rtle(s): Panner — Limited = _ General = Individual = Attomey in Fact Trustee - Guardian or Conservator Other. Signer Is Representing: a -y ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who awned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego t On AQril 14th. 2021 before me, E.B. Strahan, Notary Punic (insert name and title of the officer) personally appeared MkhW R. Strahan who proved to me on the basis of satisfactory evidence to be the person jo whose name re srolnr;�, to the within instrument and acknowled to me that�heJtltey executed the same in r authorized capa� and that b r sinatureej�en the intrt the or the entity upon behalf of which the rsoncted, executed the instrument 1 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 officlai 1. —' E. B. STRAHAN P Notary Public • Ca;ifornia z San Diego County Commission 22444$4 Signature t>i� My Comm. Expires Jun 25. 2022 ,bl ( 1) EXHIBIT B PAYMENT BOND Executed in duplicate PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Premium included in performance bond Bond N0. 30123359 WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Vincor Construction Inc 0 2651 Saturn Street Brea CA 92821 ("Principal") (Name and address of Contractor) a contract (the "Contract') for the Work described as follows: POLICE DEPARTMENT OUTSIDE LOCKER REPLACEMENT PROJECT (PROJECT CIP NO BG2103) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Western Surety Company 0151 N FRANKLIN ST CHICAGO IL 60606 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of forty nine thousand six hundred fft and 85/100 Dollars ($ 49,650.85 ), 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: April 14th, 2021 "Principal" Vincor Construction, Inc. By: rtes, CFO OQ' RPp 0 y ItsWoa (Seal) "Surety" Western Surety Company Y: Its Michael R. Strahan, omey-In- ct By: Its (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. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael R Strahan, Brian Guzman, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 31st day of December, 2020. WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 31st day of December, 2020, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires -1 MOFYt June 23.20210 m CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 14" day of April, 2021. ^ WESTERN SURETY COMPANY Form F4280-7-2012 • L. Nelson, Assistant Secretary Go to www.cnesuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. •W" ALL4"JRPOSE ACKNOWLEMMENTOD:C -A.:Th--Z,--,V--[ &--Zr •A V--P--.a :rPM :A",A -'T M .A A notary public or other officer completing this certficate verities only the identity cf the nd;v,cua- wnc ssgnec 1-1'e document to which this certificate is attached. and not the truthfulness, accuracy. or validity o` .;,a. jccu^er,t. State of Califomia County of oname Cn XV4 / df1 before me. _ Date personally appeared Insert Name and NameX of Signer ^' -111c- who nE who proved to me on the basis of satisfactory evidence to be the p roq whose rarnpy )are subscribed to the within instrument and acknowied ed to me that he !they executed the same in his4iftheir authorized capacity¢<s), and that by hii rltheir signature.,kj or the instrument the person or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHIRLEY ROSE KANG allfornla Notary Public Cl Orange County Signature Commission X 2265394 6My Slg Comm. Expires Nov 27, 2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the caocument or fraudulent reattachment of this form, to an unintended document. 111,77T27=-.-,1• *1 4 qr:�ftk�L• �• - Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: = Corporate Officer — Trbe(s): = Partner — _ Limited — General = Individual Attomey in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing:. ----____-------_r Signer's Name: Corporate Officer — itle(s): = Partner — -- Limited General Individual _ Attomey in Fact Trustee = Guardian or Conservator — (?thpr Signer is Representing: —_ ®2014 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-682T item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cerdflcate is attached, and not the bvthfulness, accuracy, or validity of that document. State of California San Diego Cou* of ieg On April 14th. 2021 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person jo whose name0o Ore Lrebedtothe within instrumensame in their authorized capacity; and that b Ntheir signaturetm the instrument the nfa};'or the entity upon behalf of which the rson�j''acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official I. E. B. STRAHAN .° Notary Public - Cabforni� [[ VMY San Diego CountySignature Commission 1 22444&4 (Seal) Comm. Expires Jun 25. 2G22 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] qc R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDrYYYY)- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDERO21 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 hot Or is an ADDITIONAL INSURED, the poiicy(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 endorsemerlt(s). PRODUCER NTACT Blaisdell Bonding i3r Insurance Services, Inc. PNA HONE Monica Blaisdell 770 S. Brea Blvd., STE. 205 No- E_ � (�1e)s7a 1921 FAz------ E MAIL ---—...... (AC. No} ._ (714} 672-0625 Brea, CA 92821 ADDRESS: monica(aJbbibonding.Com License NO.: OF27233 ,__—AAAA__ _ INSURE%S)AFFORDINGCOVERAGE NAIC N INSURED -- INSURER A ; Travelers Pro -"--_ -. party and Casualty Company o1 America _25674 INURER B : Travelers Pro - 25674---_-- VlncOf Construction, Inc. S - T- party and Casually Company of America 25674 _ 2651 Saturn St., INSURER C : - — Brea, CA 92821INSURER D --....-- — - CERTIFICATE NUMBER: FLTRF VISION NUMBER - IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ENAMED ABOVE OR THE POLICY PERIOD ATED. N0TIMTHSTANDtNG ANY REQUIREMENT, TERM OR CONDETIQN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, USIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE na iucno..,� --� A LLS�iPO COMMERCIAL GENERAL LIABILITY -POLICY EFF POLICY EXP POLICY NUMBER ------ MM1DD/YYYY MIMIDD/YYYY CLAIMS -MADE OCCUR LIMITS _EACH OCCURRENCE $ 1SAMA�Ei6RENT[as _ _ _ ___ --- -_PREMISES(Ea occurrence)-- - S MED EXP (Any one Person) $ GEN'L AGGREGATE LIMIT APPLIES PER, PERSONAL 8 ADV INJURY S POLICY PRO' JECT LOC GENERAL AGGREGATE 5 OTHER PRODUCTS-COMPIOPAGG S AUTOMOBILE LIABILITY 5 I X ANY AUTO COMBINED SINGLE LIMIT _LEa aoCtder5ll S 1,000,000 A ALL OWNED X SCHEDULED _ AUTOS BODILY INJURY (Per person} S i AUTOS X HIRED AUTOS X 810-81-589874-21.25-43--- 03/15/2021 °3/15!2022 BODILY INJURY (Per ecaden0 S —"— AUTOSEO --------------_—_..—._._----._.-- PROPERTYDAMAGE I LPer acc�dgnt►_"_. S UMBRELLA LIAB — OCCUR _. -..--. DEDUCTIBLE $ 1,000 _ EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ DED RETENTIONS -AGGREGATE $ WORKERS COMPENSATION - �` —""-----" AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN B OFFICERWEMBER EXCLUDED? El XTHi PER —S . STATUTE ER (Mandatory In NH) X R yes. descnbe under DESCRIPTION OF UB•8L592159-21-2S-G 03/15/2021 03!15/2022 EL EACH ACCIDENT _ 2.000,000 OPERATIONS be ow _E_L DISEASE - EA EMPLOYE $ 2.000.000 E L DISEASE - POLICY LIMIT S 2.DDD,000 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) The City of Seal Beach ('City-), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds 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. City Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Loaf Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED City Hall IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seat Beach, CA 90740 AUTHORIZED REPRESENTATIVE "CORD 25 (2014101) The ACORD name and logo are registered marks of ACO DORD CORPORATION. All rights reserved. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier, B. BLANKET ADDITIONAL INSURED The following is added to Paragraph C. in A.1., Who Is An Insured, of SECTION If — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 0215 EXPENSES — INCREASED LIMIT KARISPORTATION J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section If. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION If — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your C 2015 The Travelers Includes copyrighted material of Insurance Services Office, Inc- with its permission. Page 1 of 4 COMMERCIAL AUTO Permission, while performing duties related to the conduct (a) With respect to any claim made or "suit" of your busi- ness. brought outside the United States of America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". D. (i) You must arrange to defend the "in - EMPLOYEES AS INSURED sured" against, and investigate or set - The following is added to Paragraph AA., Who Is tle any such claim or "suit" and keep An Insured, of SECTION II — COVERED AUTOS us advised of all proceedings and ac - LIABILITY COVERAGE: tions. Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) We may, at our discretion, participate LIMITS in defending the "insured" against, or I. The following replaces Paragraph A.2.a.(2), in "Suit". settlement of, any claim or of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE; (iv) We will reimburse the "insured" for (2) Up to $3,000 for cost of trail bonds (in- sums that the "insured" legally must eluding bonds for related traffic law viola- Pay as damages because of "bodily "property tions) required because of an "accident" injury" or damage" to which we cover. We do not have to furnish this insurance applies, that the "in - these bonds. sured" pays with our consent, but 2. The following replaces Paragraph A.2.a.(4), only up to the limit described in Para - C., of SECTION If — COVERED AUTOS LIABIL- graph Limits Of Insurance, of SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the "insured" (v) We will reimburse the "insured" for at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE — INDEMNITY BASIS "suit", but only up to and included The following replaces Subparagraph (5) in Para- within the limit described in Para- graph B.7., Policy Period, Covera Territory, 9 rY, graph graph C., Limits Of Insurance, of Of SECTION IV — BUSINESS AUTO CONDI- SECTION If —COVERED AUTOS TIONS: LIABILITY COVERAGE, and not in (5) Anywhere in the world, except any country or addition to such limit. Our duty to make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or within such country or jurisdiction, for (b) This insurance is excess over any valid Cov- ered Autos Liability Coverage for any covered and collectible other insurance available "insured" "auto" that you tease, hire, rent or borrow to the whether primary, excess, without a driver for a period of 30 days less contingent or on any other basis. or and that is not an "auto" you lease, hire, rens (c) This insurance is not a substitute for re - or borrow from any of your "employees", quired or compulsory insurance in any partners (if you are a partnership), members country outside the United States, its ter - ter- (if you are a limited liability company) or ritories and possessions, Puerto Rico and members of their households. Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material or Insurance Services Office, Inc. with its permission. CA T3 53 02 15 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws Of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE.- No OVERAGE:No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION iII — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I• PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is. - (1) Owned by an "insured"; and CA T3 53 02 15 COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 13.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE. Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is toknown : (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S. Transfer covery Of Rights Of ReAgainst Others To Us, Of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5• Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by ® 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrlghted material of Insurance Services Office, Inc, with its permission_ Page 3 Of 4 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such contract. error in, any informationiven b 9 y you shall not prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 ® 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA T3 53 02 15 ft TRAVELERS/ J WORKERS COMPENSATION ONE TOWER SQUARE HARTFORD, CT 06183 AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: UB -81 -592159 -21 -2S -G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will n enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement steal! be 2 of mium. % of the California workers' compensation pre - Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR Job Description WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 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 preparationof the policy.) Endorsement Effective of Insured Insurance Company DATE OF ISSUE: ST ASSIGN: Policy No. Countersigned by Endorsement No. Premium Page 1 of 1 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] "`'C— "Ic r' CERTIFICATE OF LIABILITY INSURANCE OATE(NMADIYYYY) 04/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN 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 policAles) 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 Pacific Lighthouse Insurance Agency NAME:CONTACT Erica Vazquez 625 The City Drive South, Suite 330PHONE (657)667-0225 (v No: (657)667-0227 Orange, CA 92868 E-MAIL ADDREss: __ Erica�PacificLighthouselns.com License #: OG22040 INSURER(S)AFFORDINGCOVERAGE NaCa - —'I INSURERA: UnitB(rj,�@C�aaity lnS. ri0 -- _ - - 537 _—..— INSURED ''--... Vincor Construction, Inc. INSURER e: Amita! Insurance Company--_ 24856 - INSURERC: Houston Casuaii ty Comm�pany_ 42 7 _ 2651 Saturn Street INSURER D: Homeland Inru�e Comp�ny_pf Sew York_ Brea, CA 92821 34452 /-- BODILY INJURY (Perperson ) ....._..--_–._-- INSURER E: INSURER F: OWNED SCHEDULED nQVI01%im 11UM0Cr%; 101 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 SY 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. /NRR A DL. P�OLICV EFF POLIC LTR TYPE OF INSURANCE Y EXP I POLICY NUMBER !IMMIDDIYYM IMM0D1YYYYII LIMITS A X COMMERCIAL GENERAL LIABILITY Y : Y ATN2046361 05/26!2020 05/2612021 I_ EACH OCCURRENCE S 1 000,000 CLAIMS -MADE I OCCUR ` Ij"ZTf0RE�ED PREMISES(Ea=unMn e S 50,000 -_ MED EXP (Anyone Person) — S 5,000 $ 1000000 GEN! AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 RO- POL[CYI I ^ I JPECT —1 LOC PRODUCTS- COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABRITY COMBINED SINGLE LIMIT _LFa acddent--_— $ ANY AUTO 1 BODILY INJURY (Perperson ) ....._..--_–._-- $ OWNED SCHEDULED BODILY INJURY Per 2Kidenl) S - .__ _._.... AUTOS ONLY AUTOS HIREO NON -OWNED PROPERTY DAMAGE Per PEAT ti _.._ AUTOS ONLY AUTOS ONLY $ — S B X UMBRELLA UAB X OCCUR BEX09602709-03 05/26/2020 05/26/2021 EACH OCCURRENCE S 4,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE I $ 4,000,000 DED RETENTIONS ' WOR KERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OT" - STATUTE ER $ E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEJfECLITNE f• OFFICER/MEMBER EXCLUDE07 N I A ._._ (MandatoryIn NH) I If yes describe uMer !DESCRIPTION ! Ih E.L. DISEASE - EA EMPLOYEE, $ �- =ICY DISEASE •POLICY LIMIT – $ OF OPERATIONS below 7C E80 ljl HCC 20 67462 05/26/2020 05/26120211 Per ClaimJAggreg. 2,000,000 D ContractorsPollution 793009340 0001 05/2612020 05/26/2021 1 Limit 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Addllolul Remarks Schedule, may be attached if req mora spec@ Is uired) The City Seal of Beach ("City"), Its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds. 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 (continued on ACORD 101 Additional Remarks Schedule CFRTIFIr ATC LlA1 nro City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR12ED REPRESENTATIVE w lavorcv w rta.vrcu %,vrcrvtcAt Ivry. Ali ngnts reserved. The ACORD name and logo are registered marks of ACORD Printed by EVZ on April 14, 2021 at 11:24AM AC RD® 116� AGENCY CUSTOMER ID: 00000121 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Pacific Lighthouse Insurance Agency Yncor Construction, Inc. POLICY NUMBER NIA CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) 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 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. rhe ACORD name and logo are registered marks of ACORD Printed by EVZ on April 14, 2021 at 11:24AM POLICY NUMBER: ATN2046361 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 051 00 (01115) PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: 1) a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis; or 2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis. Name Of Person(s) Or Oraanizationlsl Required By Written Contract, Fully Executed Prior To The med Insured's Work. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 051 00 (01/15) Page 1 of 1 POLICY NUMBER: ATN2046361 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As Required By Written Contract, Fully— As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the focation of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: ATN2046361 COMMERCIAL GENERAL LIABILITY CG 20 110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Name Of Person(s) Or Organization(s) (Additional Insured): As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 110413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ATN2046361 COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION — PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As Required By Written Contract, Fully Executed Prior To The Named Insured's Work information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section H — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only ap lies to the extent permitted by law; andp b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising mjury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 34 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modes 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(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. S. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. Vlfdh respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 34 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ATN2046361 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Location And Description Of Completed Operations As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" 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 hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations,- whichever eclarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COiERCIAL GENERAL LIABILITY COVERAGE PART A. Section Ii — Who Is An Insured is amended to include as an additional insured: I. 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 insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal 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 drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring 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 CG 20 38 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 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 another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: I. Required by the contract or agreement described in Paragraph A.I.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ® Insurance Services Office, Inc., 2012 CG 20 38 04 I3 POLICY NUMBER:ATN2046361 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE AsaRequuir deByWritten Or Contrac Fully Executed Prior To The Named Insured's Work Information required to complete this Schedule if not shown above will be shown in the The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 13 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15) [Public Contract Code § 20103.51 1, 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 § 20103.51 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.: 763743 Class: B - General Expiration Date: 03/31/2022 Date: 04/05/2021 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 actor or of the Contract by the Contra by any subcontractor for each calendar day during which such worker is required or permitted a 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: "1 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 04/05/2021 Signature EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: POLICE DEPARTMENT OUTSIDE LOCKER REPLACEMENT PROJECT (PROJECT CIP NO. BG2103) Indemnitor(s) (list aH names): Vincor Construction, Inc. To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Contract") or the performance or failure to perform any term, provision, covenant, or condition of the Contract, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Contract and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's 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 Vincent Cortes By: President Its Name: Michele Cortes By: CFO Its EXHIBIT H STANDARD SPECIFICATIONS AND REFERENCED DOCUMENTS Standard Specifications for Public Works Construction ("Greenbook") 2. Construction Specifications Institute ("CSI) EXHIBIT I NON -COLLUSION DECLARATION NON-COLLUSION DECLARATION FORM PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the President of Vincor Construction, Inc., the party making the foregoing Bid. 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 04/05/2021 [date], at Brea [city], California [state]. Project Name: POLICE DEPARTMENT OUTSIDE LOCKER REPLACEMENT PROJECT (CIP NO BG2103) Legal Business Name of Bidder Vincor Construction, Inc. Business Address 2651 Saturn Street Brea CA 92821 Business Tel. No. 714.528.2900 Signature: Printed Name: Vincent Cortcs, President Date: 04/05/2021 Signature: Printed Name: Michele Cortes, CFO Date: 04/05/2021 This form must be notarized. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary oubiic or other officer completing ,n:s certificate verities oniv the laeiv.!ty C' 718 meat t + '�! certificate is attaches. and not the truthfutnBSs. 2CCU.'aC' jccu � . o w: is s ce State of Californ;Z Couniv dru e before me.� ?nser: "Jame oerscra,!v a-�)loearec Ivame,KK, o' Signani-or who proved to rre on the basis of satisfactory evidence to be the persons (ire subscribed tc the within instrument and acknowledged to me thatQsheithey executed the same i 'her/ther authorized capacity(, and that by(i 'her/their signature�j o. the instr-i ,yen-. the Derso or the entity upon behalf of which the person(p(acted. execuged the instrurnen . I certify under PENALTY OF PERjUR.Y a der ti -e ,aws of the State of California that tr)e foregoing paragrap is true and correct. SHIRLEY ROSE KANG Notary Public • California i orange County commission M 2265344 °• My Comm. Expires Nov 27, 2022 WETNESS my hand and officsas' sea:. Signature Signature of N0I Puthc Piace Notary Sea/ Above oanonraL Though this section is optional, completing this information can deter alteration o` ,je document cr fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: Corporate Officer — Trtle(s): = Panner — — Limited — General Individual = Attomey in Fact ` Trustee Guardian or Conservator Other: Signer is Representinq L Signer's Name: — --- Corporate Officer — 7,t!e(s). --Partner — - Limited - Ger:erai _� individual Attorney in Fact — Trustee Guardian or Consen: ator -- Other. ---- Signer is Representing: ------ ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY -800-876-682T 'en 'copy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w;!a ti� � � n^.�, �����: �`,f�y^":.��. .,�`,�:?yQc'1.tis"�`.:r..'�.'.�ti=•''4..�v_-�.:_'�:tiuia"?.-:.���>� ........., .i :votaryojbii c or other otcer Completing :els certificate ,eiifies or.!,, the ;den.tt :^c ,;!v,G;._• c: a Gr^&2 docu:rnen.: to w hick thts certificate is attached. and not the trutlhPu`ness. accuracy. or vaiiciT, State of California ; Countv of orv�to Or me. Dare Here Insert Nacre a.^� personaiiy appeared C� %vamz o Signer;s7' who croved c me on the basis of satisfactory evidence to be the person ,.hose �a^ :.s =re subscribed to the within. instrument and ac now ed to me that heOthey' axecuted tr.e same hi/their authorized capacity(i? and that by his to /their signatures or. the instrument t`,e oerser or e entity upon behalf of which the persongactea. executed the instrumen:. eMySHIRLEY ROSE KANG Notary public - California Orange County Commission N 2265394 Comm. Expires Nov 27, 2022 I certify under PENALTY OF }PERJURY ;ander tr,a laws of the State of Califorr'ia :nat tie foregoinc paragraP7 is true and correct. YYI : NESS Ty roand an oa: sea'- Signature Signarure of 'vo , ,PL;obC Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteratior of the docurrent or fraudulent reattachment of this form to an unintended documerr. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Corporate Officer — Title(s): Panner — Limited - General Individual W Attomey in Fact Trustee - Guardian or Conservator Other: Signer Is Representing - Signers Name: Corporate Officer — 7`t!els;: Partner — - Limited -. Genera! individuai :_. Attorney in Fac: . Trustee Guardian or Conserve:or := Other Signer is Representing �.ez,�,.'t��'��-c",�o�.-:;reser^�.�._c>:;:,�cz,�=�.�[.�.;w�;��t.`==c.==t;�=;.��w—:,'z<4.=e�:�- _ .. _ ,cr� _ ✓�� �-.`%.,_ _ �=c',_-. @2014 National NotaryAssociation • www.NationalNotary.org • 1 -800 -US NOTARY;? -800-876-682': itemttS907, EXHIBIT J CONTRACTOR'S INDUSTRIAL SAFETY RECORD CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name Vincor Construction, Inc. I ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address Business Tel. No. State Contractor's License No. and Classification: Title Vincor Construction, Inc. 2651 Saturn Street, Brea, CA 92821 714.528.2900 #763743; B - General Michele Cortes, CFO Current Year of 2020 2019 2018 2017 2016 Total Record Number of contracts 49 210 98 124 131 53 665 Total dollar amount of contracts (in thousands of $8,428 $44,729 $39,990 $28,415 $22,340 $15,405 $86,717 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 permanent transfer 0 0 0 0 0 0 0 to another job or termination of employment I ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address Business Tel. No. State Contractor's License No. and Classification: Title Vincor Construction, Inc. 2651 Saturn Street, Brea, CA 92821 714.528.2900 #763743; B - General Michele Cortes, CFO EXHIBIT K LIST OF SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 41041 List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which Subcontractor is Licensed and Registered CSLB License Numbers and () Class(es) DIR Contractor Registration Number Address and Phone Number Type of Work (e.g., Electrical) Percentage of Total Bid (e.g., 10%) Gatehouse MSI LLC DBA McMurray Stern N1041651 Pw-LR-1000363952 15511 Carmenita Road, Santa Fe Springs, CA 90670 Lockers 70% The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). EXHIBIT l ACCEPTED BID GORDIAN@ Work Order Signature Document EZIQC Contract No.: CA-08-SL-B-B-030618-VCI F1New Work Order ❑ Modify an Existing Work Order Work Order Number.: 083467.00 Work Order Date: 03/2612021 Work Order Title: Seal Beach - Police Station - Lockers Owner Name: CALIFORNIA - City of Seal Beach Contractor Name: Vincor Construction Inc. Contact: Iris Lee Contact: John Kang Phone: 562-431-2527 Phone: (714) 528-2900 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-08-SL-B-B-030618-VCI. Brief Work Order Description: Replace and Add Lockers Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 1XI Will nota I : Work Order Firm Fixed Price: $49,650.85 Owner Purchase Order Number: Approvals %Zo2- CALIFORNIA - City of Seal Beach Date ctor Date Work Order Signature Document Page 1 of 1 312612021 Sou rcewel 171F Detailed Scope of Work To: John Kang Vincor Construction, Inc. 2651 Saturn Street Brea, CA 92821 (714) 528-2900 Date Printed: March 26, 2021 Work Order Number: 083467.00 Work Order Title: Seal Beach - Police Station - Lockers GORDIAN@ From: Iris Lee CALIFORNIA- City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 562-431-2527 Brief Scope: Replace and Add Lockers MPreliminary F� Revised Q 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. I. Provide regulated work area utilizing caution tape, delineators and safety temp fence to demarcate the construction site. 2. Provide signage, dust control measures, equipment and materials required to complete project. 3. Removal and haul away of existing lockers to be done by others. 4. Furnish and install (18) new 16 -gauge exterior grade, powder coated, three-tier war bag lockers at 24" x 24" x 72"H which provides a total of (54), 24"H locker tiers/openings. New lockers to include continuous sloping hoods, end panels, two wall hooks and one hasp lock per tier with perforated doors. 5. New lockers are to be installed on the existing concrete bases. Existing base to remain protect in place and excludes any re -work and/or extension to existing base. Clarifications: • Any additional work due to unforeseen conditions will be treated as a supplemental to the work order. • Excludes any design, engineering, permit and plan check related fees. • Excludes any ACM/Lead testing and/or abatement. • Excludes demo and removal of existing lockers and any electrical work for locker receptacle outlets. • Excludes any new and/or upgrades to existing electrical panels. • Existing water line and conduits to remain protect in place. • Prevailing wage rates apply. Subject to the terms and conditions of JOC Contract CA-08SL-B-B-030618-VCI. .awyc ui vvuiR Page S of 2 3J26/2021 Detailed Scope of Work Continues.. Work Order Number: 083467.00 Work Order Title: Seal Beach - Police Station - Lockers a or Date CALIFORNIA - City of Seal Beach Date Scope of Work Page 2 of 2 3/26/2021 Contractor's Price Proposal - Summary Date: March 26, 2021 Re: 1QC Master Contract #: CA -08 -SL -B-8-03061 8 -VC I Work Order #: 083467.00 Owner PO #: Title: Seal Beach - Police Station - Lockers Contractor: Vincor Construction Inc. Proposal Value: $49,650.85 Section - 01 $3,276.90 Section - 03 $559.66 Section - 05 $757.88 Section - 08 _ $4,811.95 Section -10 $40,244.46 Proposal Total $49,650.85 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, subtotals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 3/26/2021 Contractor's Price Proposal - Detail Date: March 26, 2021 Re: IQC Master Contract #: CA-08-SL-B-B-o3o618-m Work Order #: 083467.00 Owner PO #: Title: Seal Beach - Police Station - Lockers Contractor: Vincor Construction Inc. Proposal Value: $49,650.85 Sect Item Mod. UOM Desert tion Line Total Labor Equip. Material (Excludes) Section -.01 1 01 22 16 00 0002 EA Reimbursable FeesReimbursabie Fees will be paid to the contractor for eligible S1.068.80 costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 97164 x1.00 x 1.1000 1.068.80 BOND FEE - ($48,582.05 X 2% = $971.64) 2 01 22 23 00 1000 DAY 5,000 LB Straight Mast, industrial Warehouse Forklift With Full -Time Operator Quantity Unit Price Factor Installation 1.00 x 936.50 x 10796 = MOVE AND SET LOCKERS $1,011.05 Total 1,011.05 3 01 22 23 00 1329 DAY 1-112 Ton Capacity, 8' To 10' Bed, 4 x 2 Flat Bed Truck With Full -Time Truck $845.29 Driver Quantity Unit Price Factor Total Installation 1. OD x782.97 x 1.0796 = 845.29 LOCKERS FREIGHT/DELIVERY 4 01 56 26 00 0182 LF 48" High With Posts At 8' On Center, Plastic Mesh Temporary Safety Fence sweepers, scissor platform lifts, telescoping and articulating boom manlifts $134.41 Installation Quantity Unit Price Factor Total 50.00 x 2.49 x 1.0796 - 134.41 TEMP SAFETY FENCE AROUND WORK AREA a vi r1 13 U00002 EA First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization $217.35 Using A Rollback Flatbed Trucklncludes delivery of equipment, off loading on site, rigging, dismantling, loading 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 100 xx = 217.35 201.32 1.0796 MOB/DEMOB - FORKLIFT Subtotal for Section - 01 $3,276.90 Section - 03 6 03 01 30 710010 SF 1/8" To 114", Epoxy Cementitious Mortar Patch, Decks And Floors $559.66 Quantity Unit Price Factor Total Installation Quantity x 14.40 x1.0796 - 559.66 MINOR MISC PATCHWORK FROM EXISTING LOCKER BOLTS REMOVAL AT EXISTING BASE- (2SF X 18 LOCS = 36) Subtotal for Section - 03 $559.66 Contractor's Price Proposal- Detail Page 1 of 3 3/26/2021 Contractor's Price Proposal - Detail Continues.. Work Order Number: 083467.00 Work Order Title: Seal Beach - Police Station - Lockers Section - 05 7 05 05 19 00 0010 EA 318" Diameter x 3" Length, Zinc Plated Steel, Wedge Anchor Expansion Bolt $837.17 Quantity Unit Price Factor Total Installation 72.00 x 10.77 x 1.0796 - 837.17 LOCKER ANCHORS - (4EA PER X 18EA = 72) 8 05 05 19 000010 0190 MOD For>50 To 100, Deduct 13 00 0143 479.29 Quantity Unit Price Factor Total Installation 72.00 x -1.02 x 1.0796 - -79.29 Factor Subtotal for Section - 05 $757.88 Section - 08 Installation 36.00 x 26.70 x 1,0796 = 1,037.71 9 08 71 23 00 0668 EA 6", Zinc Plated Finish, Steel High Security Hasp Assembly $4,811.95 LOCKERS SLOPE TOP Quantity Unit Price Factor Total 12 Installation 554.00 x 82.54 x 1.0796 = 4,811.95 EA 24" Deep, Individual Slope Top End Closures LOCKER DOOR HASPASSEMBLY $8451 Subtotal for Section - 08 Quantity Unit Price $4,811.95 Section - 10 10 10 51 13 00 0132 EA 24" x 24" x 76" Open Front, All -Welded Steel Stadium Locker (Penco 1.0796 $37,022.98 6WFO33)lncludes shelf, toot locker, security box and 4" high integral base. LOCKERS SLOPE TOP END CLOSURES Quantity Unit Price Factor Total 13 Installation 54,00 x 635.06 x 1.0796 - 37,022.98 EA 24" Wide, 6" High Closed Front Base REMOVEIREPLACE WAR BAG LOCKERS $302.76 11 10 51 13 00 0143 LF 24" Deep, 16 Gauge Continuous Slope Top $1,037.71 Quantity Unit Price Factor Total Installation 36.00 x 26.70 x 1,0796 = 1,037.71 LOCKERS SLOPE TOP 12 10 51 13 00 0171 EA 24" Deep, Individual Slope Top End Closures $8451 Quantity Unit Price Factor Total Installation 4.00 x 19.57 x 1.0796 84.51 LOCKERS SLOPE TOP END CLOSURES 13 10 51 13 00 0177 EA 24" Wide, 6" High Closed Front Base $302.76 Quantity Unit Price Factor Total Installation 18.00 x 15.58 x 1.0796 = 302.76 LOCKER BASE 14 10 51 13 00 0214 EA 21" Deep x 72" High, 16 Gauge End Panel $278.41 Quantity Unit Price Factor Total Installation 4.00 x 64.47 x 10796 - 278.41 LOCKERS END PANELS 15 10 51 13 00 0227 EA 24" Wide Coal Rod $1,518.09 Quantity Unit Price Factor Total Installation 108.00 x 13.02 x 1.0796 - 1,518.09 LOCKERS WALL HOOKS - (2EA PER X 54EA = 108) Subtotal for Section -10 $40,244.46 Contractor's Price Proposal - Detail Page 2 of 3 3/26/2021 Contractor's Price Proposal - Detail Continues.. Work Order Number: 083467.00 Work Order Title: Seal Beach - Police Station - Lockers Proposal Total $49,660.86 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 3/26/2021 GORDIAN@ Subcontractor Listing Date: March 26, 2021 Re: IQC Master Contract #; CA-08-SL-B-B-030618-VCI Work Order #: 083467.00 Owner PO #: Title: Seal Beach - Police Station - Lockers Contractor: Vincor Construction Inc. Proposal Value; $49.650.85 Name of Contractor °' =' � - No Subcontractors have been selected for this Work Order $0.00 0.00 Subcontractor Listing Page 1 of 1 3/26/2021 EXHIBIT M SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents National Joint Powers Alliance" INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFS NUMBER: CA08SLBB-030618 GEOGRAPHIC AREA State of California - Southland This Agreement dated April 04. 2018 , by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and Vincor Construction, Inc. at the following address 2651 Saturn Street, Brea, CA 92821 hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the 1FB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Project, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POOEZIQC.com or via facsimile to (864) 233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice(a�EZIQC.com or via facsimile to (864) 233-9100. January 2018 Section Three — Bid Forms 33 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents ARTICLE 2. SCOPE OF WORK A. The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual NJPA Member. The Purchase Order will require the Contractor to perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A. This Agreement is an indefinite -quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $ 4,700,000. This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors: TO BE ENTERED BY NJPA.- Normal JPA: Normal Working Hours Prevailinq 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: 1.0270 (Specify to four (4) decimal places) 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: 1.0271 (Specify to four (4) decimal places) C. Normal Working Hours Non Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.5405 (Specify to four (4) decimal places) d. Other Than Normal Working Hours Non Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.5406 (Specify to four (4) decimal places) January 2018 Section Three — Bid Forms 34 NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents Non Pre -priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work: I. 1351 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional one-year renewal -extension may be offered by NJPA to Contractor beyond the original three-year term if NJPA deems such action to be in the best interests of NJPA and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Agreement ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. January 2018 Section Three — Bid Forms 35 NATIONAL JOINT POWERS ALLIANCE@ Book 1 — Project Information, Instructions to Bidders and Execution Documents Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information, C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By. National Joint Powers Alliance AutYorizdd SignatureO Jeremy Schwartz -Director of Operations & Procurement/CPQ Print Name Contractor / Authorized Signature re Vincent Cortes Print Name Contract Number: CA-08-SL-B-8-030618-VCI (assigned by NJPA) January 2018 Section Three — Bid Forms 36 DocuSign Envelope ID: 83A19418-ADF2-4A08-8088-09A51D62DBDA ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between Vincor Construction Inc. 2651 Saturn Street Brea, CA 92821 and Sou rcewell 202 12th Street NE PO Box 219 Staples, MN 56479 Phone: (218) 894-1930 or (888) 894-1930 Whereas: "Vendor" and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB CA -08 -SL -1 -B-030618-VCI" with an effective date of April 4, 2018, a maturity date of April 3, 2022, and which are subject to annual renewals at the option of both parties. MODIFICATION.• SECOND RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period: Base Year Base Average 10761.4416 Option Year Date Index 1 March 2017 10277.62 2 April 2017 10678.15 3 May 2017 10692.17 4 June 2017 10707.81 5 July 2017 10789.26 6 August 2017 10841.56 7 September 2017 10822.82 8 October 2017 10817.11 9 November 2017 10870.06 10 December 2017 10873.56 11 January 2018 10878.01 12 February 2018 10889.17 Base Average 10761.4416 Option Year Option Average 11312.1183 Price Adjustment: Second Year Index Average = 11312.1183 — 1,0512 Base Year Index Average 10761.4416 Date Index 1 March 2019 11227.88 2 April 2019 11228.07 3 May 2019 11229.99 4 June 2019 11268.48 5 July 2019 11291.80 6 August 2019 11311.06 7 September 2019 11311.24 8 October 2019 11326.12 9 November 2019 11380.83 10 December 2019 11381.53 11 January 2020 11392.41 12 February 2020 11396.01 Option Average 11312.1183 Price Adjustment: Second Year Index Average = 11312.1183 — 1,0512 Base Year Index Average 10761.4416 DocuSign Envelope ID: 83A194113-ADF2-4A08-l3088-09A51D62D13DA AWARD MULTIPLIER # CA-08-SL-13-13-030618-VCI Non Pre -Priced Adjustment Factor 1.1351 Normal Working Hours Prevailing Wage 1.0270 x PRICE ADJUSTMENT 1.0000 1.0512 OPTION MULTIPLIER 1.1351 1.0796 Normal Working Hours Non - Prevailing Wage 0.5405 1.0512 0.5682 Other Than Normal Working Hours Prevailing Wage 1.0271 1.0512 1.0797 Other Than Normal Working Hours Non -Prevailing Wage 0.5406 1.0512 0.5683 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 April 4, 2020 through April 3, 2021. ourcewell By: C'`n" xrty , Its: Director of Cooperative Contracts and Procurement/CPO ova wtanw.. Name printed or typed: Jeremy Schwartz Date: 2/18/2020 1 4:27 PM CST 1 "'COr Coirstruclion Inc - #CA 08 B B 030618 VCI U[Zt .01(Sks By: =�+� Its: President Name printed or typed: Vincent Cortes Date: 2/18/2020 1 12:12 PM PST --------------------------------------------------------------------------------- If you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: Date: