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Home My WebLink AboutAGMT - HZS Engineering & Construction dba HZS Construction Pier Concrete Abutment Restoration PUBLIC WORKS AGREEMENT PIER CONCRETE ABUTMENT RESTORATION PROJECT CIP NO. BP2201 between 'g SEAS .cp0O4I *( #� .R2... \C' % City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 HZS Engineering Inc Dba HZS Construction 1403 N Batavia St #108, Orange, CA 92867 (949) 415-9556 THIS CONTRACT ("Contract") is made as of March 25, 2024, by and between the City of Seal Beach, a California charter city ("City"), and HZS Engineering Inc. Dba HZS Construction, a California corporation ("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 Pier Concrete Abutment Restoration (CIP BP2201) ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated January 24, 2024; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated February 15, 2024 in the amount of $567,300 ("Bid" hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed "A" Contractor, "B" Contractor" and "C-8" Contractor (State Contractor's License #1039476, DIR #1000529847); 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 Pier Concrete Abutment Restoration Project ("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, Minimum Bidder Qualifications, 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 2 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. 1.2.1 Incorporation by Reference. 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, including Exhibits D-1, D-2, D-3 and D-4), 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 Exhibits attached hereto and other Contract Documents are hereby incorporated into this Contract by reference. 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; Completion. This Contract is effective as of March 25, 2024 (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. In consideration for performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal, and prices set forth therein, as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $567,300 (Five hundred sixty seven thousand, three hundred dollars), 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. 3 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by 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, its elected officials, officers, employees, attorneys, agents, 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, 4 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 elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. 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 5 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: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement — Professional Liability Insurance. 6 6.1.4 Exhibit D-4: Additional Insured Endorsement - Excess Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability (or Errors and Omissions) Liability: Insurance appropriate to its profession, in a form and with insurance companies acceptable to the City. This insurance shall be endorsed to include contractual liability applicable to this Contract and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor. "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. 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. 6.3 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/Worker's Compensation Insurance: Employer's Liability Insurance with minimum limits of $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 7 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as 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, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as 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 elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and 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. 8 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, its elected and appointed officials, officers, employees, attorneys, agents, 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 its elected and appointed officials, officers, employees, attorneys, 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 9 in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: HZS Engineering Inc. Dba HZS Construction 1403 N. Batavia St. Unit 108 Orange, CA 92867 Telephone: (949) 415-9556 Attn: Hamid Shekaramiz 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 10 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 subject to compliance monitoring by the California Department of Industrial Relations (DIR), 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, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every Subcontractor who will perform work on this Project, Contractor shall be responsible for such Subcontractor's compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure Subcontractor's compliance. Labor Code Section 1725.5 requires all Contractors and Subcontractors to annually register with the DIR before bidding or performing on any public work contract. 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 11 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. 12 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. [SIGNATURES ON FOLLOWING PAGE] 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: "11 '.y: %WA rf Jill tw gram, City Manager Hamid Shekaramiz Name:� Atte .� .,‘I� President 4 1,►, Title: loria D. T.rper, City Clerk By: f1'a °''z'mlL Approved as to Form: Name: Hamid Shekaramiz Title: Secretary By: (Please note, two signatures required for Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. 14 EXHIBIT A FAITHFUL PERFORMANCE BOND 15 001." Bond No. 54228705 Premium:$9,173.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to HZS Engineering,Inc.DBA H Z S Construction 1403 N.Batavia St#108 Orange,CA 92867 ("Principal") (Name and address of Contractor) a contract(the "Contract")for the Work described as follows: PIER CONCRETE ABUTMENT RESTORATION tr'IP BP2201) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE,we, the undersigned Principal, and United Fire&Casualty Company 118 Second Avenue SE Cedar Rapids,Iowa 52407 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Sixty Seven Thousand Three Hundred Dollars and Zero Cents. Dollars ($ 567,300.00 ), 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 attomeys'fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 16 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: 4/8/2024 Principal" "Surety" HZS Engineering,Inc.DBA H Z S Construction United Fire&Casualty Company By: By: '�� , Hamid Shekaramiz Its President Kevin P.Reed, Its Attorn• ►'-Fact By: By: Its Its It ', . •, • lr ''-, • f'' :• \\:,..:.t,)-., ,1 . cC ,' , ,/ j' 1 r ti (Seal) (Sea!) ' e!; 'v ,) . /, 7i 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. 17 00/ 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 4/8/2024 before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Kevin P. Reed Nome(s)of Signer(s) who proved to me on the basis of satisfactory evident to be the person( Gvhose nam)/are subscribed to the withi i rument and knowledged to me th e she/they executed the s e in i er/their authorized capacity(ie ,an th tb�his/ er/their signature on t einstrumentthepersor►( ,ortheentityuponbehalfof which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SSU u+OCO(,ARCIA NotjE ary^1 Pubnc California Signature hro-. Orange Comfy Commission:Z400291 ( Signature of ory Public �•� My Comm.Expires Apr 10.2026 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 on unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑Partner ❑Limited ❑General ❑Partner ❑Limited ['General ❑Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑Other Signer Is Representing Signer Is Representing ©2014 National NotaryAssociation• www.NationalNotary.org•1-800.USNOTARY(1-800-876-6827)Item#5907 • UNITED FIRE&CASUALTY COMPANY.CEDAR RAPIDS,IA Inquiries: Srrct Department ufgQ UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second :As e SE FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES.CA Cedar Rapids,IA S2401 ISSURANG CERTIFIED COPY OF POWER OF ATTORNEY (original on file at home Office of Company-See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa;United Fire&Indemnity Company,a corporation duly organized and existing under the laws of the State of Texas;and Financial Pacific insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids.State of Iowa,does make,constitute and appoint KEVIN P. REED, JESSICA GARCIA, AARON FOSBURG, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful Mind', undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50.000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 28th day of July, 2024 unless sooner revoked by United Fire&Casualty Company, United Fire&Indemnity Company,and Financial Pacific Insurance Company This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. "Article VI-Surety Bonds and Undertakings^ Section 2.Appointment of Attorney-in-Fact."The President or any Vice President,or any other officer of the Companies may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby:such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the onginal seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-m-fact,subject to the limitations set of forth m their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any suds instruments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attomey-in-fact. iN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this sorgamd 28th day of July. 2022 cis aso' •'4 a3+�Pt'0q `�'4 UNITED FIRE&CASUALTY COMPANY =4'coaroa.♦Ir f` ro,,,o,,l„g= it ro s UNITED FIRE&INDEMNITY COMPANY SEAL - It ,u, € "•!'t r FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa,County of Linn,ss: Vice President On 28th day of July, 2022, before me personally came Dennis J. Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire& Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said Instrument is such corporate seal;that it was so affixed pursuant to authonty given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ass rim Judith Jones Pi Iowa Notarial Seal Commission number 173041 • My Commission Expires 4232024 Notary Public My commission expires:4t2312024 I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&IndemnityCo Secretary of Financial Pacific Insurance Company,do hereby certify that i have comparedthe foregoinger Company,and Assistant the copy of the Section of the bylaws and resolutions of said Corporations as set forth sid Pow Attorn of the theth ORIGINALS orney aNi affidaLE N THE t,and HOME OFFICE OF SAiD CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the sad originals,,andFlthat the said Power of Attorney has not been revoked and is now in full force and effect In testinony,wheraof1•bave hereunto subscribed my name and affixed the corporate seal of the said Corporations this 8t ",day of April ,20 24 t4' o . 3 9 coivoiisit Ig cv..oa"t. Z a 7, �Y Ir fo o G��3!/ v t: /i S. SEAL ♦J vn} 'r. • 9a6 ?- By: iF ''1',°,t+'.,,d•; N;aR" : f `"0`'�• Assistant Secretary, �74.1„ a,,, q UF&C&UF&I&EPIC BPOA004S 122017 EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) 18 00/ Bond No. 54228705 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 HZS Engineering,Inc. DBA H Z S Construction 1403 N. Batavia St#108 Orange,CA 92867 ("Principal") (Name and address of Contractor) a contract(the "Contract")for the Work described as follows: PIER CONCRETE ABUTMENT RESTORATION (CIP BP2201) (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 United Fire&Casualty Company 118 Second Avenue SE Cedar Rapids,Iowa 52407 (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 Five Hundred Sixty Seven Thousand Three Hundred Dollars and Zero Cents Dollars ($ 567,300.00 ), 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: 4/8/2024 "Principal" "Surety" HZS Engineering,Inc.DBA H Z S Construction United Fire&Casualty Company By: 1U.-1C-Aro,"tt By: Hamid Shekaramiz Its President Kevin P.Reed, is -Attorney-in- By: By: Its Its •�* • �n �/) 3 (Seal) (Seal) •y r.• j :i• fskt11 ., ',%� ill ;.7. �7 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 4/8/2024 before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Kevin P. Reed Name(s)of Signer(s) who proved to me on the basis of satisfactory evide t be the persort'whose nam ()are subscribed to the withiptrument an cknowledged to met she/they executed the sa ir'i hi /her/their authorized capacity(i�s);andthFy /her/theirsignatur )on the instrumentthe person or th ntity upon behalf of which the person cted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �� ' JESSiU iNOCOGpaGA Signature eme,.. Rotary Pubilc Canfornla 1 l•_•'„ Orange County Signature of Notary Public 1\<``` I Commission:2400291 My Comm.Eup,res Apr 10. 2026 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 Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name El Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑Partner 0 Limited 0 General 0 Partner ❑Limited El General ❑Individual 0 Attorney in Fact D Individual ❑Attorney in Fact 0 Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other Other Signer Is Representing Signer Is Representing ©2014 National NotaryAssociation • www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827)Item#5907 UNITED FIRE&CASUALTY COMPANY.CEDAR RAPIDS.IA Inquiries: Surd!, Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA Sz4o1 CERTIFIED COPY OF POWER OF ATTORNEY /11,,,surtigenG•111 (originalonfileatHomeOfficeofCompany—SeeCertification) ONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the Stateoo ;United Fire&Indemnity Company,a corporation duly organized and existing wider the laws of the State of Texas,and Financial pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint KEVIN P. REED, JESSICA GARCIA, AARON FOSBURG, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 28t h day of July, 2024 un 1 ess sooner revoked by United Fire&Casualty Company, United Fire&Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. "Article VI-Surety Bonds and undertakings" Section 2,Appointment of Attorney-in-Fact."The President or any Vice President,or any other officer of the Companies may,from time to tine,appoint by written certificates attorneys-m-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature The signature of any officer authorized hereby,and the Corporate seal.may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized • hereby;such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the onginal seal of the Companies.to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such anorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such anlauments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 28th day of July, 2022 . ww% " •`Z:r ,a";E p��R.,�•. UNITED FIRE&CASUALTY COMPANY s r : cos �i yS,�pep cap+ UNITED FIRE&INDEMNITY COMPANY _� CO,,,vaA1L ;% it caarosAm�� S , moo 2, t;F FINANCIAL PACIFIC INSURANCE COMPANY ° sui , z'♦ star _ ae cy f0e,'ry :*.s 9' /,t'; �"4„ By: 111M1 nnl�i,°h �axM State of Iowa,County of Linn,ss: Vice President On 28th day of July, 2022, before me personally came Dennis J. Rtchmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire& indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument,that he knows the seal of said corporations;that the seal affixed to the said instniment is such corporate seal;that it was so affixed pursuant to authonty given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. JN•r a Judith A Jones P t Iowa Notarial Seal C Commission number 173041 NOta[y Public w• My Commission Expires 412/2024 My commission expires:4232024 I.Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&lndemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that i have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 8th day of April ,20 24 . �Wtau„u ,a,,.,,,l,H,a+w 41: 4, a5ii oiw,a. y,��f,G INS�q,.%. r9 ruiuoaa,r z e t:earoa,,e Le '7:r yurtt'b s% l ] 7 ��s ""'— SEAL •tar = 3 :n�a ��:Tf Assistant Secretary, UF&C&UF&I&EPIC �'''hu It�mos'di MMIm,� �Mn,lxnnp`� It POA0045 122017 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE 21 HZSCONS-01 LEI AW RD DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)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 en dorsement(s). t(s). PRODUCER NApME cT AssuredPartners of California Insurance Services,LLC. ra"lc°N,No,Ext):(949)769-3100 FAX 9 7693930 2913 S.Pullman Street INC,AICNo):( ) Santa Ana,CA 92705 AADDRESS: INSURERS)AFFORDING COVERAGE NAIC N INSURER A:Gemini Insurance Company 10833 INSURED INSURER B:California Automobile Insurance Company 38342 H Z S Construction INSURER c:State Compensation Insurance Fund 35076 1720 East Garry Avenue,Suite 229 INSURER!): Santa Ana,CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIMYI IIINVDDIYYYYI UNITS A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR VIGP025898 1/25/2024 1/25r12025 DAMAGETORENTED 100,000 X X PREMISES(Ee occurtence) $ MED EXP(My one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENII_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X F LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (EO acddenUSINGLE LIMIT $ 1,000,000 ANY AUTO X x BA040000067537 ' 5/3/2023 5/3/2024 BODILY INJURY(Per person) $ OWNEDSCHEDULED AUTOS��p ONLY v AUTOS BODILY BODILY INJURY(Per accident) 8 X AUTOS ONLY X AUTOS ONLY (PeraER li)AMAGE $ A _ UMBRELLA UAB OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS UAB CLAIMS-MADE VIFX002627 1/25/2024 1/25/2025 AGGREGATE S DED RETENTIONS Aggregate S 5,000,000 C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER PROPRIETOR/PARTNER/EXECUTIVE YIN X 9236631-2023 8/16/2023 8/16/2024 1,000,000 ANY FFICEMT EXCLUDED? N/A E.L.EACH ACCIDENT $ Mandatory IR/MEn NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder(s),is/are named additional insured per the attached forms,including primary and non-contributory wording,general liability waiver, auto additional insured and waiver of subrogation and blanket workers'compensation waiver,where required by written contract,with regard to the following project: Project:BP2201 Certificate Holder Continued: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 30 Day notice of cancellation except for 10 day notice of cancellation due to nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Manager City Hall 211 8th Street I AUTHORIZED REPRESENTATIVE Seal Beach,CA 90740 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VIGP025898 CG 20 10 04 13 Insured Name: HZS Engineering Inc Number: 42 Effective Date: 01/25/2024 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 Any person or organization when you have agreed All locations for which you have agreed in a written in a written and executed contract prior to an and executed contract prior to an "occurrence." "occurrence", that such person or organization be added as an additional insured on your policy. 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 2. If coverage provided to the additional to include as an additional insured the insured is required by a contract or person(s) or organization(s) shown in the agreement, the insurance afforded to such Schedule, but only with respect to liability for additional insured will not be broader than "bodily injury", "property damage"or"personal that which you are required by the contract and advertising injury" caused, in whole or in or agreement to provide for such additional part, by: insured. 1. Your acts or omissions; or B. With respect to the insurance afforded to 2. The acts or omissions of those acting on these additional insureds, the following your behalf; additional exclusions apply: in the performance of your ongoing operations This insurance does not apply to"bodily injury" for the additional insured(s) at the location(s) or"property damage" occurring after: designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such work, on the project (other than 1. The insurance afforded to such additional service, maintenance or repairs) to be insured only applies to the extent performed by or on behalf of the additional permitted by law; and insured(s) at the location of the covered operations has been completed; or CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 Policy Number: VIGP025898 CG 20 37 04 13 Insured Name: HZS Engineering Inc Number: 43 Effective Date: 01/25/2024 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) Location And Description Of Completed Or Organization(s): Operations Any person or organization when you have agreed All locations and completed operations for which in a written and executed contract, prior to an you have agreed in a written and executed "occurrence", that such person or organization be contract prior to an "occurrence." added as an additional insured on your policy. 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 B. With respect to the insurance afforded to these person(s) or organization(s) shown in the additional insureds, the following is added to Schedule, but only with respect to liability for Section III— Limits Of Insurance: "bodily injury"or"property damage"caused, in whole or in part, by "your work" at the location If coverage provided to the additional insured designated and described in the Schedule of is required by a contract or agreement, the this endorsement performed for that additional most we will pay on behalf of the additional insured and included in the "products- insured is the amount of insurance: completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent whichever is less. permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional applicable Limits of Insurance shown in the insured is required by a contract or Declarations. agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office. Inc., 2012 Page 1 of 1 Policy Number:VIGP025898 VE 09 73 04 20 Insured Name: HZS Engineering Inc Number: 41 Effective Date: 01/25/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability 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 Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission Policy Number: VIGP025898 CG 24 04 12 19 Insured Name: HZS Engineering Inc Number: 34 Effective Date: 01/25/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an "occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. 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 against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VIGP025898 VE 01 84 12 13 Insured Name: HZS Engineering Inc Number: 20 Effective Date: 01/25/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT - SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Designated Construction Project(s):All construction projects for which you have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or"personal and advertising injury", to provide project specific limits. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. VE 01 84 12 13 Page 1 of 2 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. All payments under this endorsement are subject to the Maximum Aggregate Limit of: $ 5,000,000 The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Construction Project General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. VE 01 84 12 13 Page 2 of 2 SCHEDULE OF FORMS Named Insured: HZS Engineering Inc POLICY NO.: VIGP025898 C214 FORM NUMBER End. # TITLE CMNDEC 01 22 Common Declarations CGLDEC 07 19 Commercial General Liability Coverage Part Declarations SCHED 07 16 Schedule of Forms VE 06 00 06 14 01 Common Policy Conditions CG 00 01 12 07 Commercial General Liability Coverage Form VE 67 09 12 18 02 Claims Reporting IL 00 21 09 08 03 Nuclear Energy Liability Exclusion (Broad Form) VE 04 94 09 13 04 Lead Exclusion VE 66 08 09 13 05 Asbestos Exclusion VE 06 05 04 14 06 Deductible Liability Insurance - Per Occurrence VE 0442 07 09 07 Tainted Drywall Exclusion VE 0539 02 11 08 Knowledge of Occurrence VE 0553 07 11 09 Non-Stacking of Limits Endorsement CG 21 96 03 05 10 Silica or Silica-Related Dust Exclusion CG 21 67 12 04 11 Fungi or Bacteria Exclusion CG 20 11 12 19 12 Additional Insured - Managers or Lessors of Premises CG 22 79 04 13 13 Exclusion -Contractors- Professional Liability VE 02 21 06 13 14 Torch Down Roofing Exclusion CG 04 35 12 07 15 Employee Benefits Liability Coverage CG 21 47 12 07 16 Employment Related Practices Exclusion VE 04 95 09 13 17 Punitive Damages Exclusion CG 24 26 04 13 18 Amendment of Insured Contract Definition VE 01 07 10 13 19 Exclusion - Exterior Insulation and Finish Systems VE 01 84 12 13 20 Designated Construction Project(s) General Aggregate Limit- Subject To A Maximum Aggregate VE 06 39 09 14 21 Exclusion -Cross Liability - Named Insured VE 6640 09 14 22 Exclusion -Continuous or Progressive Damage Claims CG 21 70 01 15 23 Cap on Losses From Certified Acts of Terrorism CG 21 76 01 15 24 Exclusion of Punitive Damages Related to a Certified Act of Terrorism TRIPRA_P 05 21 25 Disclosure of Premium And Estimated Premium For Terrorism Insurance Coverage VE 06 72 06 15 26 Exclusion - Specified Operations VE 05 06 02 19 27 Amendment- Premium Audit VE 06 81 09 15 28 Exclusion -Violation of Trade or Economic Sanctions Laws or Regulations VE 05 88 01 18 29 Premium Basis CG 21 07 05 14 30 EXCLUSION Access or Disclosure of Confidential or Personal Information and Data-Related Liability Limited Bodily Injury Exception Not Included VE 06 85 08 21 31 Service Of Suit California VE 01 92 05 16 32 Wrap Up Exclusion SCHED 07 16 Page 1 of 2 FORM NUMBER End. # TITLE VE 05 81 10 23 33 Subcontractor and Independent Contractor Conditional Amendment of Deductible CG 24 04 12 19 34 Waiver Of Transfer Of Rights Of Recovery Against Other To Us VE 10 11 04 23 35 EXCLUSION - New Residential Construction Limitation VE 09 05 01 18 36 Direct Condominium Conversion Exclusion VE 05 62 04 18 37 Exclusion Your Work In New York VE 09 35 08 20 38 Exclusion - Snow or Ice Removal VE 09 65 02 20 39 Exclusion Wildfire Injury VE 09 66 04 20 40 Exclusion -Communicable Disease VE 09 73 04 20 41 Primary and Noncontributory Other Insurance Condition CG 20 10 04 13 42 Additional Insured -Owners, Lessees or Contractors-Scheduled Person or Organization CG 20 37 04 13 43 Additional Insured Owners, Lessors or Contractors Completed Operations VE 09 77 01 21 44 Exclusion - Specified Properties And Structures VE 05 97 05 23 45 Total Pollution Exclusion With A Hostile Fire Exception VE 10 12 07 23 46 Exclusion - Biometric Information SCHED 07 16 Page 2 of 2 (3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7. Separation Of Insureds sum of: Except with respect to the Limits of Insurance, and (a) The total amount that all such other any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Named Insured, this absence of this insurance; and insurance applies: (b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other Named Insured; and insurance. b. Separately to each insured against whom claim (4) We will share the remaining loss, if any, is made or"suit" is brought. with any other insurance that is not 8. Transfer Of Rights Of Recovery Against Others described in this Excess Insurance To Us provision and was not bought specifically to apply in excess of the Limits of Insurance If the insured has rights to recover all or part of shown in the Declarations of this Coverage any payment we have made under this Coverage Part. Part, those rights are transferred to us. The insured must do nothing after loss to impair them. c. Method Of Sharing At our request, the insured will bring "suit" or If all of the other insurance permits contribution transfer those rights to us and help us enforce by equal shares, we will follow this method them. also. Under this approach each insurer 9. When We Do Not Renew contributes equal amounts until it has paid its applicable limit of insurance or none of the loss If we decide not to renew this Coverage Part, we remains, whichever comes first. will mail or deliver to the first Named Insured shown in the Declarations written notice of the If any of the other insurance does not permit non renewal not less than 30 days before the contribution by equal shares, we will contribute expiration date. by limits. Under this method, each insurer's share is based on the ratio of its applicable If notice is mailed, proof of mailing will be sufficient limit of insurance to the total applicable limits of proof of notice. insurance of all insurers. SECTION V— DEFINITIONS 5. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this or published to the general public or specific Coverage Part in accordance with our rules market segments about your goods, products or and rates. services for the purpose of attracting customers or supporters. For the purposes of this definition: b. Premium shown in this Coverage Part as advance premium is a deposit premium only. a. Notices that are published include material At the close of each audit period we will placed on the Internet or on similar electronic compute the earned premium for that period means of communication; and and send notice to the first Named Insured. b. Regarding web-sites, only that part of a web- The due date for audit and retrospective site that is about your goods, products or premiums is the date shown as the due date services for the purposes of attracting on the bill. If the sum of the advance and audit customers or supporters is considered an premiums paid for the policy period is greater advertisement. than the earned premium, we will return the 2. "Auto" means: excess to the first Named Insured. c. The first Named Insured must keep records of a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including the information we need for premium computation, and send us copies at such times any attached machinery or equipment; or as we may request. b. Any other land vehicle that is subject to a 6. Representations compulsory or financial responsibility law or other motor vehicle insurance law in the state By accepting this policy, you agree: where it is licensed or principally garaged. a. The statements in the Declarations are However, "auto" does not include "mobile accurate and complete; equipment". b. Those statements are based upon 3. "Bodily injury" means bodily injury, sickness or representations you made to us; and disease sustained by a person, including death resulting from any of these at any time. Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II - Liability Coverage, Paragraph A.1. Who Is An Insured Provision: 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. MCA20480711 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV— BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added: 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. MCA04440913 ENDORSEMENT AGREEMENT STATE WAIVER TO�F�+SUBROGATION COMPENSATION INSURANCE BLANKET BASIS 9236631-23 FUND RENEWAL NF 9-45-66-71 HOME OFFICE SAN FRANCISCO EFFECTIVE AUGUST 16 , 2023 AT 12 . 01 A.M. PAGE 1 OF 1 AND EXPIRING AUGUST 16 , 2024 AT 12 . 01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME HZS CONSTRUCTION 1720 E GARRY AVE STE 229 SANTA ANA, CA 92705 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO: AUGUST 17 , 2023 !/lc. ) / -«•rum, 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 IREV.4-2018) OLD DP 217 Policy Number: VIFX002627 VX 07 23 01 16 Insured Name: HZS Engineering Inc Number: 3 Effective Date: 1/25/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: Commercial Excess Liability Controlling Underlying Insurance: Coverage/Carrier/Policy Period Limits Premium CONTROLLING UNDERLYING POLICY Coverage: CGL- Occurrence $1,000,000Each Occurrence $16,480 Company: Gemini Insurance Company $2,000,000Products/Completed Operations Policy Number: VIGP025898 Aggregate Policy Period: 1/25/2024 - 1/25/2025 $2,000,000General Aggregate EBL-$1 M/$1 M $1,000,000Personal &Advertising Injury Limit OTHER UNDERLYING POLICIES Coverage: Employers Liability $1,000,000BI by Accident- Each Accident $11,037 Company: State Compensation $1,000,000BI by Disease- Policy Aggregate Insurance Fund $1,000,000B1 by Disease-Each Employee Policy Number: 9236631-23 Policy Period: 8/16/2023 -8/16/2024 Comments: VX 07 23 01 16 Includes copyrighted material of Insurance Services Page 1 of 1 Office, Inc. with its permission Policy Number: VIFX002627 AD 07 70 05 16 Insured Name: HZS Engineering Inc Number: 20 Effective Date: 03/08/2024 POLICY AMENDMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$3,385.00; It is agreed Endorsement Number 3, Form VX 07 23 01 16 Schedule of Controlling Underlying Insurance is amended as follows: Commercial Excess Liability Controlling Underlying Insurance: Coverage/Carrier/Policy Period Coverage:Auto Liability Company: California Automobile Insurance Policy Number: BA040000067537 Policy Period:05/03/2023—05/03/2024 Limits:$1,000,000 Combined Single Limit All other terms and conditions of this Policy remain unchanged. ©Vela Insurance Services Page 1 of 1 All Rights Reserved EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 23 HZSCONS-01 KELLY ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 NAME: AssuredPartners of California Insurance Services, LLC. HOCNo,Exq:(949)769-3100 I(FFAc,No):(949)769-3930 2913 S.Pullman Street Santa Ana,CA 92705 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC H INSURER A:Gemini Insurance Company 10833 INSURED INSURER B:California Automobile Insurance Company 38342 H Z S Construction INSURER C:State Compensation Insurance Fund 35076 1720 East Garry Avenue INSURERD: Santa Ana,CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POUCY EXP TYPE OF INSURANCE INSDD 1NVDD POLICY NUMBER I yyyy I MAIODITYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X VIGP025898 1/25/2024 1/25/2025 RPAIISESLEa rrence) $ 100,000 • MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jr& LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: EBL AGGREGATE $ 1,000,000 B AUTOMO&LE LABILITY (CEO MID aBBIident) GLE LIMIT S 1,000,000 ANY AUTO X BA040000067537 5/3/2023 5/3/2024 BODILY INJURY(Per Person) $ — OWNED ONLY X SCHEDULED BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS O Y rnOr a r•MAGE S A UMBRELLA LAB OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS UAB CLAIMS-MADE VIFX002627 1/25/2024 1/25/2025 AGGREGATE _$_ DED RETENTIONS Aggregate 5,000,000 C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/NX STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 9236631-2023 8/16/2023 8/16/2024 E.L.EACH ACCIDENT S 1,000,000 FFICER/ME M R EXCLUDED? N/A Utlandatory In NH) 1,000,000 E.L.DISEASE-EA EMPLOYEE i If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder(s),is/are named additional insured per the attached forms,including primary and non-contributory wording,general liability waiver, auto additional insured and waiver of subrogation and blanket workers'compensation waiver,where required by written contract,with regard to the following project: All Operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street Seal Beach,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 27 HZSCONS-01 KELLY A CC)RO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 AssuredPartners of California Insurance Services,LLC. PHONE NCC,No,Eat):(949)769-3100 FAX No):(949)769-3930 2913 S.Pullman Street E-MAIL Santa Ana,CA 92705 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Gemini Insurance Company 10833 INSURED INSURER B;Califomia Automobile Insurance Company 38342 H Z S Construction INSURERC:State Compensation Insurance Fund 35076 1720 East Garry Avenue INSURERD: Santa Ana,CA 92705 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSD WVD (MM M//DD/YYYY) IMDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X V1GP025898 1/25/2024 1/25/2025 PREMISES EaEoccuErrencel $ 100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 8 2,000,000 POLICY X P LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EBL AGGREGATE S 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO X BA040000067537 5/3/2023 5/3/2024 BODILY INJURY(Per person)— S AURTEO�S ONLY X SCHEDULED BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY (PerOamd nt) MAGE A UMBRELLA LAB _ OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS LIAO CLAIMS-MADE VIFX002627 1/25/2024 1/25/2025 AGGREGATE $ DED RETENTIONS Aggregate $ 5,000,000 C WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 9236631-2023 8/16/2023. 8/16/2024 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 If es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder(s),is/are named additional insured per the attached forms,including primary and non-contributory wording,general liability waiver, auto additional insured and waiver of subrogation and blanket workers'compensation waiver,where required by written contract,with regard to the following project: All Operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street Seal Beach,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©19882015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT - PROFESSIONAL LIABILITY INSURANCE [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] 30 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS 35 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 Bid submission): 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 20103.5 of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded,the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors'State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. 1039476 License No.: Class: A&B Expiration Date: 05-30-2024 Date: 04-24-2024 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l 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." 04-24-2024 , 4C-4-'41 Grrli Date Signature EXHIBIT G BID PROPOSAL FORM (INCLUDING BID SHEETS) BID PROPOSAL CITY OF SEAL BEACH PIER CONCRETE ABUTMENT RESTORATION PROJECT CIP NO. BP2201 Bidder's Name HZS Engineering Inc Dba HZS Construction 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 Non collusion Declaration; (2)-Bidder has carefully examined the Project Plans, Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Bids, Addenda, 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 Cashier's Check", "a certified check", or"a Bid Bond in the form furnished by the City", as the case may be)in the amount of$ 69,230.00 ,an amount 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 and extremely difficult to determine. In compliance with the Notice Inviting Bids, the undersigned hereby agrees that, should it be 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 60 CONSECUTIVE WORKING DAYS starting from the day after the issuance of the Notice to Proceed. A general description of the individual Bid Items is included in the SPECIAL PROVISIONS SECTION 7—Measurement and Payment. The undersigned certifies that the Bidder complies with the Minimum Bidder Qualifications, and further 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 77 Work. The undersigned certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 1 t)`•'.)1 , Class , which expires on 05/31/2024 Bidder's Name: Hamid Shekaramiz President / �, Signature: o►�a Title: CEO Date: 02/13/2024 Signature: Title: Date: 78 BID PROPOSAL CITY OF SEAL BEACH PIER CONCRETE ABUTMENT RESTORATION PROJECT CIP NO. BP2201 BID SHEETS Bidder's Name: HZS Engineering Inc Dba HZS Construction 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: NOTE: A detailed description of each bid item is listed under Section 7, SP-1 (Special Provisions). General Conditions Bid Items Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) Mobilization and Demobilization 1 (5% of Total Bid Maximum) LS 1 $ 25,000.00 $ 25,000.00 2 Ongoing Site Maintenance & LS 1 $ 23,000.00 $ 23,000.00 Clean up Pier Concrete Abutment Parapet Wall Surface Bid Items Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) Selective Demolition & Repair of 3 Parapet Wall Concrete Spalling SF 50 $ 633.00 $31 ,650.00 Surfaces (Appendix A, Table 2 & Table 5) Metal Railing Repair, Extension, & 4 Repainting LS 1 $ 20,000.00 $ 20,000.00 (Appendix D, Exhibits 2 & 16) Pier Concrete Abutment Walkway Surface Bid Items Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) Selective Demolition & Repair of 5 Concrete Abutment Walkway SF 200 $ 270.00 $ 54,000.00 Spalling (Appendix A, Table 1) 79 New Waterproofing System To 6 Concrete Abutment Walkway SF 4,500 $ 21.00 $ 94,500.00 Surface (Appendix A, Exhibit 1) Pier Concrete Abutment Vertical Surface Bid Items Item Unit Quantity Unit Price Extended Price No. Description (in Figures) (in Figures) Selective Demolition & Repair of Vertical Concrete Spalling 255.00 114,750.00 7 Surfaces: Walls, Columns & SF 450 $ $ Girders (Appendix A, Table 3 & Table 4) Pier Concrete Abutment Overhead Surface Bid Items Item Unit QuantityUnit Price Extended Price No. Description (in Figures) (in Figures) Selective Demolition & Repair of 415.00 66,400.00 8 Overhead Concrete Surface SF 160 $ $ Spalling (Appendix A, Table 6) Pier Concrete Abutment Doors and Openings Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Remove & Replace Electrical 9 Room Door, Frame, & Hardware EA 1 $11 ,000.00 $ 11 ,000.00 with New (Appendix D, Exhibit 3) Remove & Replace Custodial and 10 Storage Room Doors, Frames, & EA 3 $ 7,000.00 $ 21 ,000.00 Hardware with New (Appendix D, Exhibit 4) Repair Exterior Wood Louvered 11 Openings to Custodial and LS 1 $ 10,000.00 $ 10,000.00 Storage Rooms (Appendix D, Exhibit 5) - Pier Concrete Abutment Exterior Waterproofing/Painting Surface Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Repair and Waterproof/Paint 12 Restroom Exterior Stucco LS 1 $ 21,000.00 $ 21,000.00 Surfaces & Metal Railings (Appendix D, Exhibit 1) Prepare & Apply New 13 Waterproofing/Paint System to LS 1 $ 75,000.00 $ 75,000.00 Concrete Abutment Surfaces (Appendix D, Exhibits 6 & 7 & 80 Spec. 09 96 53) TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 13) WORDS Flve Hundred Sixty Five Thousand,Three Hundred Dollars and No Cents FIGURES 567 300.00 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Additive Bid Items: Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Furnish & Install Graffiti Resistant 14 Coating to Concrete Abutment LS 1 $ 55,000.00 $ 55,000.00 Surfaces (Spec. 09 96 23) 15 Replace Wood Railing Sections LE 100 $ 300.00 $30,000.00 Along Wood Pier Shoring / Bracing of Column for 16 Selective Demolition and EA 2 $ 20,000.00 $ 40,000.00 Reconstruction TOTAL ADDITIVE BID PRICE (ITEM NO. 14 THROUGH 16) One Hundred Twenty Five Thousand Dollars and No Cents 125,000.00 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 PLUS (+) ADDITIVE BID ITEMS TOTAL BID PRICE IN DIGITS: $ 692,300.00 Six Hundred Ninety Two Thousand,Three Hundred Dollars and No Cents TOTAL BID PRICE IN WORDS: 81 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. 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.- 1039476 Class A. B. C-8 (REQUIRED AT TIME OF BID SUBMISSION). Legal Business Name of Bidder HZS Engineering Inc. Dba HZS Construction Business Address 1403 N. Batavia St Unit 108, Orange, CA 92867 Business Tel. No. (949) 415-9556 Signature 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 corporation President or Vice President and (ii) the Secretary or Assistant 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. 83 Gloria Harper From: William Luna Sent: Tuesday, April 30, 2024 1:17 PM To: Gloria Harper Subject: HZS Construction Gloria, I got approval from Iris to waive the professional liability from HZS construction. I will bring over the contract in a bit. William Luna William Luna, Assistant Engineer 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1328 Øf q X Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, and embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 1