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HomeMy WebLinkAboutAGMT - Asad Holdings LLC dba OrangeBlue General Contractors (Tennis and Pickleball Center Improvement Proj CIP No BG2105)PUBLIC WORKS AGREEMENT TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 V between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Asad Holdings LLC dba OrangeBlue General Contractors 27071 Cabot Road, Suite 108 Laguna Hills, CA -92653 (949) 317-5700 THIS CONTRACT ("Contract") is made as of August 14, 2023, by and between the City of Seal Beach, a California charter city ("City"), and Asad Holdings LLC dba OrangeBlue General Contractors, a limited liability company ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the plans and specifications for the Tennis and Pickleball Center Improvement Project (CIP BG2105) ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated May 22, 2023; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 22, 2023 in the amount of $2,075,500 ("Bid" hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed B Contractor (State Contractor's license number (License #1074946), DIR #1000994213; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, 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 1. 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") for the Project identified as Tennis and Pickleball Center Improvement Project (CIP BG2105) ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other 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, Change Orders, 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; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All 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 August 14, 2023 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 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 Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $2,075,500 (Two Million Seventy -Five Thousand Five Hundred dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. 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, subject to the not -to -exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits (i.e. Building Permit: SEALB-BEMP2022-1017)., and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders 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, volunteers, and those City 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. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, 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. 5.4 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. 5.5 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 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. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, 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 at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1 Commercial General Liability. 6.1.2 Exhibit D-2: Automobile Liability. Additional Insured Endorsement - Additional Insured Endorsement - 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. Subject to the City's prior written approval, if the Contractor provides traffic control plan services by use of a subcontractor, the Contractor may satisfy this professional liability insurance requirement by requiring its subcontractor to provide professional liability insurance that complies with all requirements of this Section and Agreement. 6.2.6 Builder's Risk (or Course of Construction) Insurance. Contractor to maintain with minimum limits of $50,000,000 per claim/aggregate. Coverage to including new projects at new locations, for All Risks coverage excluding Flood and Earthquake Shock. 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 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 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. 6.8.3 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 calendar days prior written notice by first class mail has been given to City. 6.8.4 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, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 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. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. 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 prepaid, to the addresses heretofore set forth in the Contract, or addresses as the parties may, from time to time, designate in writing 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 mail, postage to such other pursuant to the If to Contractor: Asad Holdings LLC dba OrangeBlue General Contractors 27071 Cabot Road, Suite 108 Laguna Hills, CA 92653 Telephone: (949) 317-5700 Attn: Arman Tehrani 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 but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Contract, 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 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. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL CH By: Jill R. Ingram, City Approved . By: -;�e� '� Nicholas Ghlrelli, City Attorney CONTRACTOR: Asad Holdings LLC dba n OrangeBlue General Contractors By7:q: 0\, Name: Arman Tehrani By: Name: Siamak Tehrani Title: Corporate Advisor (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. EXHIBIT A FAITHFUL PERFORMANCE BOND 4 Executed in Duplicate Bond No. 024271818 PERFORMANCE BOND $66,566.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City")has awarded to Asad Holdings LLC DBA Orangeblue General Contractors 27071 Cabot Rd Ste 108 Laguna Hills, CA 92653 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The Ohio Casualty Insurance Company 790 The City Drive South Suite 200 Orange, CA 92868 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Million Seventy Five Thousand Five Hundred Dollars and zero cents. Dollars ($ $2,075,500.00 ), 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 parry hereto. 16 ..S 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: Armar "Principal" 9/15/2023 "Surety" yrs The Ohio Casualty Insurance Company By: Its 7i, r �v-Y�✓ rl1' v Notary Certificate Attached (Seal) (Se�1►— y s-,, f 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 attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �,r ^�,n �.i�zFrA^' c".c�`.Grc"�1-F�£*'wc�rc—c`—t%4`c�%-r�",rr:-rte c a2i^F���`�"�"�-y"Frr-��^=M-�^.c=r �Sc^F,FM�i=fic�^,.c-C?rr•+rt A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of Orange ) On oU Uta before me, PJ Kehoe, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. a• rN PJ KEHOE NotaryPublic- California WITNESS my hand and official seal. W Orange County is r Commission2410788 +�•"�� My Comm. Expiress Augug1212,, 2026 Signature Signature of Notary Public Place Notary Seal Above •-------------------------------------------------- OPTIONAL----------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document - 0 Title or Type of Document LG�`�-�' Document Date Number of Pages Capacity(ies) Claimed by Signer(s) Signer(s) OtherThan Named Above Signer's Name Signer's Name rl Corporate Officer—Title(s) © Corporate Officer—Title(s) rl Partner ® Limited ® General ® Partner Limited ®General Individual © Attorney in Fact ® Individual ® Attorney in Fact rl Trustee Q Guardian or Conservator © Trustee Q Guardian or Conservator ® Other ®Other Signer Is Representing Signer Is Representing ��_ — �n-- �,n="^�-r�,�^�=�rr.-.r.�^�x���,��..�..�r�- rn-��nz�,reszr�.r•��+��-�F=n�.��n�a-,-...=.�,�-cymr�rt�z 02014 National NotaryAssociation • www.NationalNotary.org •1-800-USNOTARY (1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of Orange On 9/15/2023 Date Personally appeared before me, Jessica Tinoco Garcia, Notary Public Here Insert Name and Title of the Officer Kevin P. Reed Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose nam is are subscribed to the within in rument an cknowledged to met he/ he/they executed the same ' i er/their authorized capacity(i ,andthatbV,executed er/theirsignature on einstrumenttheperson�rt entityuponbehalfof which the person(Vctthe instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. JESSICATINOCO GARCIA r ......... s 4 Notary Public -California Orange County > r ° Commission # 240029J2026 °•�.�o=�'' My Comm. Expires Apr 10, Place Notary Seal Above WITNESS my hand and official seal. Signature C� Signature of Notary Public OPTIONAL------------------------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Capacity(ies) Claimed by Signer(s) Document Date Signer(s) OtherThan Named Above Signer's Name Signer's Name Corporate Officer—Title(s) rj Corporate Officer—Title(s) Partner Limited 0 General Partner ® Limited General Individual ® Attorney in Fact ® Individual r.1 Attorney in Fact Trustee F7 Guardian or Conservator ®Trustee ® Guardian or Conservator Other El Other Signer Is Representing Signer Is Representing ©2014NationalNotaryAssociation • www.NationalNotarV.org•1-800-USNOTARY (1-800-876-6827) Item#5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8208853-969612 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jessica Garcia; Kevin P. Reed; Silvia Ortiz; Sonya Silva; Stanley Tutton all of the city of Santa Ana state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of October , 2022 . Liberty Mutual Insurance Company Pv INsu ��Y INSU a %NsuR The Ohio Casualty Insurance Company �a�V°FP°aq�oYc,� �o2°oaP°Ror�'Pyy� �P2oaPOaaroyc� West American Insurance Company 1912 0 0 1919 2 1991Au 0 � 4C �.aD y�y HAMPSa�.aaO �s��n'°IANp'�.aa By W David M. Carey, Assistant Secretary M State of PENNSYLVANIA ss I rn County of MONTGOMERY r6 O C this 14th day of October , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a> npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L n -ein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5t PRS �Q. bioNw rel Commonwealth of Pennsylvania- Notary Seal Teresa Pastella,omer Notary Public Montgomery County OF My commission expires March 28, 2025 By - Commission number 1126044 .P+V$yyV1? ♦U Member, PennsyNania Association or Notaries Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ` 2 ARTICLE IV— OFFICERS: Section 12. Power of Attorney. o (a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > � any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall >have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z :3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1 I, Renee C. Llewellyn, the undersigned, Assistant Secretary,jh?�0h[dltasualt Kssurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which tha forgoing -is 2 fall; tCuartd correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hind inrfz xed the seals of oid-.rbmpanies this 15th day of September 2023 1NSUp_ �S`t. RWSGF� a NX_1NSU� JJ 2G°RP0rq y 2G°P.PortgAA Z4 SCP aPaR4rby0 1912 a i o fa 919 _ h -` -1991 LC� By, d� Ssq°HUS�,aa ,� OIWO' as Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIL Multi Co 02121 y N �(O i >_ O_ N O Op N 3Cl? O N 1 V) �0? O C cCD M= a� EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) 18 Executed in Duplicate Bond No. 024271818 Premium included on Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Asad Holdings LLC DBA Orangeblue General Contractors Contractors 27071 Cabot Rd Ste 108 I aauna Hills CA 92653 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (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 The Ohio Casualty Insurance,Company 790 The City Drive South Suite 200 Orange, CA 92868 (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 Two Million Seventy Five Thousand Five Hundred Dollars and zero cents. Dollars ($ $2,075.500.00 ), 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. 19 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: 9/15/2023 "Principal" "Surety" Asad Holdings LLC DB Orangeblue General Contractors The Ohio Casualty Insurance Company By: By: Arman Tehrani Its resid t Kevin P. Red Its Attor -in- c By: By: Its Notary Certifi ate ' �~ u �-"L ��� u�` ✓y_ Attached (Seal) �✓ Jvti � � � ,. � ` off` 4ti f�j v V..IZL,Lis 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. 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On d, 90x.3 before me, PJ Kehoe, Notary Public Date Here Insert Name and Title of the Officer Personally appeared ���- ` Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person (s), orthe entity upon behalf of which the person(s) acted, executed the instrument. *my PJ KEHOE Notary Public - CaliOrange County Commission 9 2410788 Comm. Expires Aug 12, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /' 7T /.lx14-1� Signature of Notary Public OPTIONAL---------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of DocumentAa-!-P t.e-sL�% e�' Document Date Number of Pages Signer(s) OtherThan Named Above Capacity(les) Claimed by Signer(s) Signer's Name rl Corporate Officer—Title(s) ® Partner ® Limited ® General © Individual ® Attorney in Fact Trustee Q Guardian or Conservator 0 Other Signer Is Representing Signer's Name ® Corporate Officer—Title(s) ® Partner ® Limited ®General []Individual © Attorney in Fact ©Trustee Q Guardian or Conservator ® Other Signer Is Representing _ .� YSt� F2�s�^'�"`rF-'—y.� �t`� �^�=4`,eT!'�P° .c'C"`v .e2v---ei`��cetse�^th'_' • =. `.i�4.F�A'i- .c +,��-n �r.,Fepa-r^��'z� F"s4�f".rl'.t=�Y,a^,i 02014 National NotaryAssociation • www.NationalNotary.org•1-800-USNOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 9/15/2023 Date Personally appeared before me, Jessica Tinoco Garcia, Notary Public Here Insert Name and Title of the Officer Kevin P. Reed Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personvj whose nam i /are subscribed to the within instrument and acknowledged to me that /she/they executed the same i hi her/their authorized capacity(i ,andt�iatbyii /her/theirsignature(.�}'ont einstrumentthepersororthe ntityuponbehalfof which the persoAsi acted, executed the instrument. JESSICA TINOCO GARCIA a Notary Public California s - = Orange County > Commission .;' 2400291 My Comm. Expires Apr 10, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public •---------------------------------------------------- OPTIONAL ------------------------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer—Title(s) Partner Limited Ej General Individual Attorney in Fact rl Trustee Guardian or Conservator Other Signer Is Representing Signer's Name 0 Corporate Officer—Title(s) 17 Partner ® Limited ®General E]Individual O Attorney in Fact Trustee Guardian or Conservator El Other Signer Is Representing ©2014National NotaryAssociation • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item#5907 Y K W This Power of Attorney limits the acts of those named herein, and they have no authority to T L bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8208853-969612 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jessica Garcia; Kevin P. Reed; Silvia Ortiz; Sonya Silva; Stanley Tutton all of the city of Santa Ana state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of October 2022 . Liberty Mutual Insurance Company 1NSrJb o*f INS& a %NsuR The Ohio Casualty Insurance Company `JP oc�°RyTgY� yJP°oaPORyT�9y �pQ °o�POr+q �?'p West American Insurance Company 3 ob m Q 3 Fo c� Lu 3 o c� ui r � 1912 .0 o y 1919 � o a 1991 o of 1= Y s� 3 S e 3 �Gau (1) o Ci!� A4CHlIgO aD ONAM4`��.aa `!f1 �ti'DIANp' -aa _ �y1 By' m co David M. Carey, Assistant Secretary n `m State of PENNSYLVANIA ss a) of County of MONTGOMERY .o On this 14th day of October 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c a) a Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �ru — IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. tk t7q 0-0 0- ��doNW Tie Commonwealth of Pennsylvania - NotarySeal 60Ir r•�Qct Teresa Pastella, Notary Public ='[B Montgomery County E O �P My commission expires March 28, 2025 By Co Commission number 1126044 i 0j ijs >Y5Y1Vtti Member, Pennsylvania Association of Notaries eresaPastella,NotaryPUbIIC O O u' Y P+� N ;5 N ID This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 °o 0 •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t0 4? ARTICLE IV- OFFICERS: Section 12. Power of Attorney. `0 0 Any officer or other official of the Corporation authorized for that purpose in wrifing by the Chairman or the President, and subject to such limitation as the Chairman or the a President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety _ ori any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall -0 C o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o ar Z L) instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the aa) provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. L n ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. t r• I, Renee C. Llewellyn, the undersigned, Assistant Secreta�,Yhe,05ic; Ce§finsurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which', cirnt-1 a firth-tru'Cgrrect copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. v " 1= `�V✓ IN TESTIMONY WHEREOF, I have hereunto set my h_ -an i^and" xed the seals oftdid_Caralpanies this 15th day of September 2023 — v P� INS U _ �(iuN$te� a SNSUR9 J °µaoRq� JP °nvoRgTRy _ o�ORaT y� 1912 - '��r�191.4 1991 0 g d� asACri°S�aa� �� yo \+IgpS. dD '�'S �NDIANP aa3 y Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 02121 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE 21 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 23 EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 27 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department NAME: Assured Partners of California - Santa Ana aCNNo Ell: (949) 261-5335 plc No): (949) 261-1911 2913 S Pullman St E-MAIL ADDRESS: License #OM07762 INSURER(S) AFFORDING COVERAGE NAIC d Santa Ana CA 92705 INSURERA: Associated Industries Ins Co 23140 INSURED INSURERB: California Auto Insurance Comp 38342 ASAD Holdings LLC INSURER C : Clear Spring Property & Casualty 15563 DBA: Orangeblue General Contractors INSURER D: Associated Industries Insurance Company 23140 27071 Cabot Road Unit 108 INSURER E: Laguna Niguel CA 92653 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 BA,WC 23-24 GL,XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFF MM/DIDYIYYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE Fx_] OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 X Deductible: $2,500 per occurrence PERSONAL&ADV INJURY S 1,000,000 A Y Y AES123223800 04/06/2023 04/06/2024 GENTAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY � JECT PRO ED PRO- PRODUCTS-COMP/OPAGG S 2,000,000 Total Policy Aggregate $ 5,000,000 OTHER: AUTOMOBILE LIABILITY COBINED SINGLE LIMIT $ 1,000,000 Ea Maccident BODILY INJURY (Per person) $ ANYAUTO BOWNED I!�AUTOS SCHEDULED AUTOS ONLY AUTOSHIRED Y Y BA040000076087 09/19/2022 09/19/2023 BODILY INJURY (Per accident) S PROPERTY DAMAGE S Per accident NON -OWNED ONLY AUTOS ONLY Ix Uninsured motorist s 1,000,000 UMBRELLA LIAB X OCCUR w"Z&CRREN E" S1,000,000 AGGREGATE $ 1,000,000 D X EXCESS LIAB CLAIMS -MADE Y Y EXA123606100 08/21/2023 04/06/2024 DED I RETENTION $ S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE FT'N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) /A Y C.W000250301 10/19/2022 10/19/2023 XSTATUTE OR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- FA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Tennis and Pickleball Center Improvement Project (CIP BG2105) The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are General Liability Additional Insured as per CG2010 07/04 and CG2037 07/04 attached. General Liability Primary and Non -Contributory applies per NXGL009 08/09 attached. General Liability Waiver of Subrogation applies per CG2404 05/09 attached. Auto Additional Insured including Primary & Non -Contributory and Waiver of Subrogation is included as per MCA85100817-CA attached. WC Blanket WOS Endt. - WC040306 04/84. 30 Days Notice of Cancellation applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach; City Hall ACCORDANCE WITH THE POLICY PROVISIONS. City Manager AUTHORIZED REPRESENTATIVE 211 8th Street Seal Beach CA 90740 U 198E-2U15AGURD GURPURATIUN. All rigtlts reserves. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Location(s) Of Covered Operations All persons or organizations where required by Any location where you perform work for such written contract with the Named Insured additional insured 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. - CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ ACOR,br CERTIFICATE OF PROPERTY INSURANCE FDAM(MM/DD/YYYY) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 08/29/2023 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND 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. PRODUCER Assured Partners of California - Santa AnaPHONE 2913 S Pullman St License #OM07762PRODUCER Santa Ana CA 92705 CONTACT Certificate Department 949 261-5335 FAx MA Lo Ell: ( ) A/C, No): (949) 261-1911 ADDRESS: 00134220 CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA: Hanover Insurance Company 22292 ASAD Holdings LLC INSURER B : DBA: Orangeblue General Contractors INSURER C : 27071 Cabot Road Unit 108 INSURER D: Laguna Hills CA 92653 INSURER E: INSURER F: CAUSES OF LOSS DEDUCTIBLES %.vvclwuea CERIiFiL u t NLINIIihow 40-c4 DLJR - 3900 LamDSOn 171=1110inN ki RAOCG. LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: A 1 story frame building under construction at 3900 Lampson Ave., Seal Beach, CA 90740 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY LIMITS PROPERTY BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONALPROPERTY $ BUSINESS INCOME BASIC BUILDING $ BROAD CONTENTS EXTRA EXPENSE $ SPECIAL RENTAL VALUE $ EARTHQUAKE $ BLANKET BUILDING WIND $ BLANKET PERS PROP FLOOD $ BLANKET BLDG & PP $ $ X INLAND MARINE TYPE OF POLICY X Limit per Building $ 2,000,000 CAUSES OF LOSS Builder's RiskX Limit per Job Site $ 2,000,000 A NAMED PERILS 09/15/2023 09/15/2024 POLICY NUMBER $ I1 -13J53339200 $ CRIME $ $ TYPE OF POLICY $ BOILER ti MACHINERY/ EQUIPMENT BREAKDOWN $ $ H 1$ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: Tennis and Pickleball Center Improvement Project (CIP BG2105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach; City Hall ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 /� C --I'— (0 1995-2015 -I'--- ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations All persons or organizations where written contract Any location where you perform work for such with the Named Insured requires additional insured additional insured completed operations coverage. This form does not apply to your work on residential property. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or 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". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions or tnis enaorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4, of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. Ill. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the .following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which 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 II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered ".auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR— DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 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 extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "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 that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services'office, Inc., with its Permission Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.50% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any Person or Organization As Required by Written Contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/19/2022 Policy No. CWC00250301 Endorsement No. 3 Insured Asad Holdings L.L.C. Premium $3,139 Insurance Company: Clear Spring Property and Casualty Company Countersigned by: EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING Kel`ki I-%IN];I114 =1 !&--iV,Eel�L�I+� 34 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. 35 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.: i b Class: gam) 1% Expiration Date: 9y I %) I J—S�_ Date: ? I `A I 9:3 36 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS 37 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 a[I applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date & M I QS Sign 38 EXHIBIT G BID PROPOSAL AND BID SHEETS PR -1 BID PROPOSAL CITY OF SEAL BEACH TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2106 Bidders Name Asad Holdings LLC DBA OrangeBlue General Contractors TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as Bidder, declares that: (1) -this Bid is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Noncollusion Declaration; (2) -Bidder has carefully examined the Project Plans, Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Bids and all other Contract Documents and information furnished therefore and the Project site; and (3) -Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, Bidder agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into a Contract with the City, to perform said proposed Work in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump sum price as submitted on the Bid herein. The undersigned Bidder submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction work undertaken in the State of California by the Bidder and any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder has attached any additional information or explanation of data which the Bidder would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is (Circle one "Cash", "a Cashiers Check", "a certified check", or " Bid Bo ' In the form furnished by the City", as the case may be) in the amount of $ 199659 , an amoun equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and bonds within fifteen (15) Working Days after delivery of the Contract Documents to the Bidder, the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical arLd extremely_difficult-to determine_ In compliance with the Notice Inviting Bids, the undersigned hereby agrees that, should itbe awarded the Contract, to enter into a Contract to furnish all labor, materials and supplies for this Project in accordance with the Specifications, Plans and other Contract Documents which are on file in the office of the Engineer, to the satisfaction and under the direction of the Engineer, at the following prices: completed by the undersigned is fixed at 150 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned certifies to be properly licensed by the State as PRA a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 1074946 . Class B , which expires on Asad Holding DBA OrangeBlue General Contractors Bidder's Name: Signature: 01,Title: Aerate: Signature: Title: Date: Notary Certificate Attached PR -2 CALIFORNIA• • r • h(GQf/.c M ,V.v .h6h .h A.V. .h .VA .q .Vq$; .h W _141 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On .2.Z PUA 3 before me, TT Ke -VO e- , Date Here Insert Name and Title of the Officer �j personally appeared t�.is. J,P.�JtQ.��ti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph PJ KEHOE is true and correct. *my NotaryPubllc -California WITNESS my hand and official seal. omngetounty Commission N 2410788 Comm. Expires Aug 12, 2026 Signature �V Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document l Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above:. GaPacity(ies) Glaimed by -Signer( -I Signer's Name: I I Corporate Officer — Title(s): El Partner — [_? Limited CI General i I Individual f I Attorney in Fact (:1 Trustee 11 Guardian or Conservator Other: Signer Is Representing: Signer's Name: I I Corporate Officer — Title(s): Ll Partner — (D Limited ['.7 General I i Individual f I Attorney in Fact 1 Trustee []Guardian or Cons<•rvator Other: Signer Is Representing: ©2016 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 BID PROPOSAL CITY OF SEAL BEACH TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 BID SHEETS Bidder's Name: Asad Holdings LLC DBA OrangeBlue General Contractors To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid items: General Conditions Bid Items Item Unit Price Extended Price No. Description Unit Quantity in Figures) ( g ) (in Figures) 1 Mobilization and Demobilization Total Bid LS 1 135000135000 $154000 $154000 (5% of Maximum) Room Building 1,200 $ $ 2 Ongoing Site Maintenance LS 1 $ 69000 $ 69000 Locker Room Building Bid Items Item Unit Price Extended Price Description Unit Quantity No. in Figures) ( g ) (in Figures) 3 Demolition of Existing Locker LS 1 $154000 $154000 Sidewalk Around Clubhouse Room Building 1,200 $ 32000 $ 32000 4 Provide and Connect Temporary LS 1 $17000 $17000 Underground Conduit Run & Pull Public Restrooms 1 $ 30000 $ 30000 _ New PermanentSite_ FenQing.-at . --_ LF 5 NE Section of Demolished Locker 60 $ 9000 $ 9000 Room Building Site Improvement Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Remove & Reconstruct Concrete 6 Sidewalk Around Clubhouse SF 1,200 $ 32000 $ 32000 Sheet A-2.1) 7 Underground Conduit Run & Pull LS 1 $ 30000 $ 30000 Box From North Gate to PR -2 Clubhouse Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Clubhouse (Sheets E1.2 & A-1.2) Selective Demolition for Clubhouse LS 1 $ 92000 $ 92000 Underground Trenching and Remodeling and Additions 53000 53000 8 Conduit for New Lighting Near LS 1 $ $ $ 92000 Court #9 - #12 Roof Access Ladder LS 1 $ 4000 $ 4000 Install New 20' Aluminum Light Rough Carpentry Wood Framing LS 1 $ 6000 9 Poles (w/ base), including EA 6 $ 6166.67 $ 37000 Electrical Furnishings, at Court #9 Interior Woodwork LS 1 $,19000 $19000 &#10 Exterior Woodwork LS 1 $16000 $16000 Install New LED fixtures, Including Rehabilitation of Modified Bitumen SF 2055.56 18500 10 Mounting Brackets, to New Light EA 9 $ $ Poles at Court #9 & #10 Furnish and Install Provide New LED Light Fixtures, ThermaVAcoustic_Insulation,-� --. - ZS _ ._ 1 "� 62000- 11 Including Mounting Brackets, to EA 27 $ 2296.30 $ 62000 Existing Light Poles at Courts #11 Sound Panels - #14 Furnish and Install Exterior Doors and Frames EA 8 $ 25000 Clubhouse Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) 12 Selective Demolition for Clubhouse LS 1 $ 92000 $ 92000 Remodeling and Additions 13 Concrete Work for Clubhouse LS 1 $ 92000 $ 92000 14 Roof Access Ladder LS 1 $ 4000 $ 4000 15 Rough Carpentry Wood Framing LS 1 $ 6000 $ 6000 for Roof Ladder 16 Interior Woodwork LS 1 $,19000 $19000 17 Exterior Woodwork LS 1 $16000 $16000 18 Rehabilitation of Modified Bitumen SF 400 $ 35000 $ 35000 Membrane Roofing Furnish and Install 19 ThermaVAcoustic_Insulation,-� --. - ZS _ ._ 1 "� 62000- 62000- - Acoustical Ceilings, Acoustic Sound Panels 20 Furnish and Install Exterior Doors and Frames EA 8 $ 25000 $ 25000 (Doors 01,02,07,08,12-15, A-2.2) 21 Furnish and Install Interior Doors EA 4 $10000 $10000 and Frames (Doors 16-19, A-2.2) 22 Furnish and Install Sliding Glazed EA 3 $16000 $16000 Doors (Doors 09-11, A-2.2) PR -2 23 Furnish and Install Exterior French EA 4 $16000 $16000 Doors (Doors 03-06, A-2.2) 24 Interior Gypsum Board Assemblies LS 1 $4000 $4000 25 Furnish and Install Tile SF 1,800 $ 30 $ 54000 Flooring/Walls 26 Furnish and Install Vinyl Plank SF 2,050 $13.66 .t28000 Flooring 27 Furnish and Install VCT Flooring SF 180 $ 44.44 $ 8000 28 Furnish and Install Sealed SF 160 $ 93.75 $15000 Concrete Flooring 29 Interior Painting LS 1 $ 8000 $ 8000 30 Exterior Painting LS 1 $ 3000 $ 3000 31 Furnish and Install Building LS 1 $ 4000 $ 4000 Signage 32 Furnish and Install Restroom and LS 1 $48000 48000 Locker Room Accessories 33 Furnish and Install Fire Extinguishers with Enclosures EA 3 $7500 $ 7500 Sheet T-2, Spec. 10440) 34 Warming Kitchen LS 1 $10000 $10000 35 Mechanical - LS 1 $.24000 $ 24000 36 Electrical LS 1 $ 20000 $ 20000 37 Plumbing LS 1 $.290000 $ 290000 38 Furnish and Install Aluminum LS 1 $21000 $21000 Framed Windows (A-6.1, #01-06) TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 38) One Million Nine Hundred Fifty Six Thousand and Five Hundred Dollars$ 1,956,500 WORDS FIGURES PR -2 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Allowance Items: Item Description Unit Price Unit Quantity Extended Price No. in Figures) ( g ) (in Figures) AIA Unforeseen Conditions Allowance LS 1 $ 40.000 $ 4000 TOTAL ALLOWANCE $ 77000 (ITEM NO. AIA) FORTY THOUSAND DOLLARS $ 40,000 WORDS FIGURES Additive Bid Alternate Items: Clubhouse Buildinq & Court #07 & #8 Additive Bid Items Item Unit Price Extended Price Description Unit Quantity No. (in Figures) (in Figures) New Below Grade Electrical AB.1 Conduit to Court #7 & #8, Includes LS 1 $ 77000 $ 77000 New Landscaping Over Trenching Sheets A-1.1 & A-1.2) Install New Electrical Conduit & AB 2 Concrete Trenching & Repair to LS 1 $ 4000 $ 4000 Court #7 & #8 (Sheets A-1.1 & A- 1.2 Furnish & Install (9) EA New 20' AB.3 Aluminum Light Poles (w/ Base) EA 9 $ 6166.67 $ 55000 for Courts #7 & #8 (Sheets A-1.1 & A-1.2 Furnish & Install (12) EA New LED 25000 25000 ABA Light Fixtures for Courts #7 & #8 EA 12 $ $ TOTAL ADDITIVE BID ALTERNATE PRICE (ITEMS NO. ABA THROUGH AB.4) One Hundred and Sixty One Thousand Dollars $ 161,000 WORDS FIGURES PR -2 Deductive Bid Alternate Items: Cluhheusp Ruildinn ❑pductivp Rid Items Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) New Bi -Folding Door & Frame in 2000 2000 D8.1 Lieu of "Sliding Glazed Doors" LS 1 $ $ Doors 09 —11, Sheet A-2.2 New Fixed Aluminum Framed 1313.2 Windows in Lieu of "Swing/French LS 1 $ 2000 $ 2000 Doors" Doors 03 — 06, Sheet A-2.2 Retain Structural Columns in DB.3 Clubhouse (Columns at Gridlines LS 1 2000 $ $ 2000 04/13 & 06/13, Sheet A-2.1, SNA D thru SD -4D TOTAL DEDUCTIVE BID ALTERNATE PRICE (ITEMS NO. DB.1 THROUGH DB.3) Six Thousand Dollars ,000 WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID TOTAL BID PRICE = BASE AMOUNT (ITEMS 1 THRU 38) PLUS ALLOWANCE (ITEM AIA) TOTAL ALLOWANCE PRICE IN DIGITS: $40,000 TOTAL BID PRICE IN DIGITS: $ 1,996,500 TOTAL BID PRICE IN WORDS: One Million Nine Hundred Ninety Six Thousand and Five Hundred dollars IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. PR -2 NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re -advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No. -1074946 , Class B (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Asad Holdings LLC DBA OrangeBlue General Contractors Business Address 27071 Cabot Rd, Suit 108 Business Tel. No. 06 Al Date Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed ` by signatures -of (i) the corporator-Prs di ent or dice rP esident ani (ii) the Secfetary-or 1ss�`s�ant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Notary Certificate Attached PR -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL • .AY.A .A4.P MA"'MR- .l\ .A .A .A .A .A .A .AC..1S.P .HC!AU.A .AS.A .4. .AC/•P .A Aw A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Ay=JL ) On "rW, ;0'7.A3 before me, f Ke Nv e- , Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------------- PJ KEHOE 0MY.Comm. Notary Public - Calffornia Orange County Commission M 2410788 Expires Aug 12, 2026 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. Signature 7 `� SS g ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum nt Title or Type of Document: Document Date: Signer(s) Other Than Named Above: —Ca -Claimed -by Si`giier(s) -'-- Signer's "'"Signer's Name: I I Corporate Officer — Title(s): 0 Partner — Limited 0 General f I Individual I I Attorney in Fact i:: Trustee 1-1 Guardian or Conservator I Other: Signer Is Representing: Number of Pages: Signer's Name: I i Corporate Officer — Title(s): 0 Partner — C ) Limited 1-1 General L 1 Individual I I Attorney in Fact C. Trustee t ] Guardian or Conscrvator I ; Other: Signer Is Representing: "eC`�4'�(?5=6'LG'L4`eC.`�C)CC,CC74't.`�.`�.'i7�t.`CC)c:C4%C.�Tit7�%C2�CC:{%tC.`�:i9�:ZFI�%t)�%t^C+!L�i�G+•R"i(454'4<.`�a`�:r;�=G�'4'L'.�i44"U_' a'��'CCCL'�cw^S ©2016 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ORANGEBLUE GENERAL CONTRACTORS July 20th, 2023 To: Mr. Benjamin Torres Construction Manager III Anser Advisory Re: Clarification on BG2105 Bid Item Discrepancies Mr. Torres, Thank you for conducting the pre -award meeting. This letter serves as clarification for the items that were brought forward, and confirmation of our position with respect to the bid. Base Bid Line -Item Discrepancies/Clarification: Item 5, 6, 18, 20, 21, 22, 23, 33: We confirm that the extended price for these line items is correct and stands. Due to clerical error during data entry, the same figure was entered as unit price number. This error does not affect the base bid price. For clarity, below is the unit price for the line items in question: Item Quantity Unit Price 5 60 $150 6 1200 $26.66 18 400 $87.50 20 8 $3,125 Item Quantity Unit Price 21 4 $2500 22 3 $5,333.33 23 4 $4000 33 3 $2500 Item 35 and 36: The costs of "Mechanical' and "Electrical' work were entered incorrectly. The correct entry should have been $247,000 and $200,000, respectively. This error was solely a data entry error; we used the correct figure while calculating the total project cost and, therefore, there is no change triggered in the base bid price because of this error. Item AIA: We confirm that the extended price should have reflected the prefilled unit price and total allowance price of forty thousand, written in words. This was a data entry error and did not have any effect on the total allowance price. Item AB.1 and AB -2: We confirm that, while the aggregate price is correct, however, the allocation between the 2 -line items should be modified as $67,000 and $14,000, respectively. 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946 ORANGEBLUE GENERAL CONTRACTORS Item D131-3: The figure entered in this section reflects the net deduction to the corresponding line items. If the option is triggered: the cost for: 1. The extended price for Line Item 22 (with bifold option) will be $14,000. 2. The extended price for Line Item 23 will be lowered adjusted down to $14,000. 3. Line Item 12 will be reduced by $2,000, reflecting the total price of $90,000. We hereby confirm that the base bid price of One Million Nine Hundred Fifty -Six Thousand and Five Hundred Dollars stands. Please feel free to contact me directly if there are any questions or concerns. Arman Tehrani 1C! i y ssurance Manager Or ngeBlue General Contractors, LLC (949)317-4870 ArmanT@OrangeBlue.org 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946