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HomeMy WebLinkAboutHorizons Construction Company International, Inc. - 2025-05-06 (2) RECEIVED BY: CITY CLERK RECEIPT COPY ry;k 4, MeC cuA Return DUPLICATE to v` City Clerk's Office (Name) after signing/dating C� ( z- ( �S (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: r) Hl`r k76,75 SUBJECT: Bond Acceptance I have received the bonds for ' 1) Si) Ori( 4i 7 1 II - . (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. O.ZW 2�4t/5� Payment Bond (Labor and Materials) Bond No. 02,1/.234z/ Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. &D S2) Other No. SIRE System ID No. 0 LI 502- g:/forms/bond transmittal to treasurer C c. - RP3O SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HORIZONS CONSTRUCTION COMPANY INTERNATIONAL,INC. FOR REPAIRS TO CENTRAL LIBRARY FOUNTAINS THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called"City,"and Horizon Construction Company International, Inc.,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of repairing fountains. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: I. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Kinan Kotrash, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 25-16240/375039 1 3. Compensation a. City agrees to pay,and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Nine Hundred Thirty Six Thousand Dollars ($936,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence .5/ltT/zs, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date")and terminate three (3) years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs,maps,memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-16240/375039 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City,its officers, elected or appointed officials,employees, agents,and volunteers from and against any and all claims,damages, losses,expenses,judgments, demands and defense costs,and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property,arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor,any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance,including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties,against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage,including products/completed operations liability and blanket contractual liability, of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 25-16240/375039 3 the aggregate limit must be no less than One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers,elected or appointed officials,employees,agents,and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force;and c. promise that such policy shall not be suspended,voided or canceled by either party,reduced in coverage or in limits except after thirty(30) days' prior written notice;however,ten(10)days'prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay,in a prompt and timely manner,the premiums on the insurance hereinabove required. 25-I6240/375039 4 12. Independent Contractor Contractor is,and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30)days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party,which are not embodied herein. 25-16240/375039 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices,certificates,or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid,and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Horizon Construction Attn: Director of Public Works Attn: Kinan Kotrash 2000 Main Street 432 W.Meats Avenue Huntington Beach, CA 92648 Orange,CA 92865 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 25-16240/375039 6 21. Section Headings The titles,captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret,define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 25-16240/375039 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees,at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion, sex, marital status, sexual orientation,age,national origin, ancestry, or disability, as defined and prohibited by applicable law,in the recruitment,selection,training,utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity,interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity,interpretation,performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25-16240/375039 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement,shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises,agreements or warranties, oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation,inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-16240/375039 9 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH,a HORIZON CONSTRUCTION COMPANY, municipal corporation of the State of INTERNATIONAL,INC. California Mayor Kinan Kotrash Print name ITS: (circle one)Chairman/President! Dice Presiden City Clerk AND By• INITIATED AND APPROVED: Print acne ITS: (circle one)6cretai-y/Chief Financial Officer/Asst. Secretary-Treasurer Kinan Kotrash erector of Public Works APPROVED AS TO FORM: City Attorney REVIEWED AND AP ROVED: City Manage 25-16240/375039 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Renovation of the Huntington Beach Central Library Fountains(back basins as identified basin 1 and 2 and front rectangular basins identified as No. 3, 4 and 5), encompassing selective demolition and abatement, liner placement, waterproofing,underground piping installation and repairs,and electrical work for safe off. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. DESIGN AND ENGINEERING • Objective: Provide design and engineering plans for the renovation of two fountains. • Develop detailed engineering drawings for the fountain renovation • Ensure plans comply with local building codes and project requirements • Coordinate with the construction team to align design with site conditions 2. SELECTIVE DEMO/ABATEMENT OF FOUNTAIN LINERS AND CONCRETE: • Safely demolish parts of the existing concrete and liners and haul away debris. • Skid Steer: To break out and demolish parts of the work as well as grading. • Mini excavator: Trench where piping or repairs needed, and load demolished materials for disposal. • Dump Truck: to haul way demolished materials to an approved disposal site. • Vacuum Truck: Remove fountain liners and other spray-on materials as required for cleanup. • Abatement: Properly abate and dispose partes of fountain liners specially on vertical edges and miscellaneous flat areas needed to be regraded. Work will be by licensed Contractor according to environmental regulations • Liner Removal: partial removal of existing fountain liners. • Concrete Disposal: Dispose demolished concrete at an approved recycling. • Test Entry and Exit Penetration Pits: Conduct testing to check for safe completion and clearance of demolished surfaces. • Concrete removal at Fountain area: Break up and remove 6 inches of damages concrete paving at the pond area. 3. WATER TRUCK OPERATIONS • Water grounds as needed for compaction and as needed for water testing of basins upon being repaired. 25-l 6240/375039 11 • Water for compaction • Supply water as needed for demolition an abatement. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16240/375039 12 EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. SEE ATTACHED EXHIBIT B 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by'a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen(15)minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall bP made. within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 25-16240/375039 13 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 25-16240/375039 14 EXHIBIT B Contractor's Price Proposal - Summary Date: March 13,2025 Re: IQC Master Contract#: CA Rs-GB-101723-HRZ Work Order#: 140240.00 Owner PO#: Title: He-Central Library Fountain-Phase 1 Contractor: Horizons Construction Co.Int'I,Inc. Proposal Value: $814,405.58 Base Bid $814,405.58 Proposal Total $814,405.58 Thtsl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: Contractor's Price Proposal-Summary Page 1 of 1 3/13/2025 Contractor's Price Proposal - Detail Date: March 13,2025 Re: 1QC Master Contract#: , CA-R8-GB-101723-HRZ • Work Order#: 140246,00 Owner PO#: Title: HB-Central Library Fountain-Phase 1 Contractor: Horizons Construction Co.Intl,Inc. Proposal Value: $814,405.58 Sect. Item Mod. UOM Description Lino Total Labor Equip. Material (Excludes) Base Bid f 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $17,531.24 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee.If there are multiple Reimbursablee Fees, list each one separately and add a comment in the"note"block to identify the Reimbursable Fee(e.g,sidewalk closure,road cut,various permits,extended warranty,expedited shipping costs,etc.),A copy of each receipt,invoice,or proof of payment shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 15,937.49 x 1.00 x 1.1000 17,531.24 Bond and Insurance 2% $796,874.34'0.02=$15,937.49 2 01 22 20 00 0010 HR ElectricianFor tasks not included In the Construction Task Catalog€and as $3,097.42 directed by owner only. Quantity Unit Price Factor Total Installation 24.00 x 125.30 x 1.0300 3,097.42 2 Electricians for 1.5 Days to make safe off and reconfigure for new extensions. 3 01 22 23 00 0291 MO 2,500 To 2,700 Lb.Capacity,78"Wide,Tracked Skid-Steer Loader With $41,583.55 Full-Time Operator Quantity Unit Price Factor Total Installation 1.50 x 26,914 92 x 1.0300 41,583.55 Skid Steer For 3 Weeks to break out and Demo Concrete. 4 01 22 23 00 0291 0069 For Equipment Without Operator.Deduct -$11,000.15 Quantity Unit Price Factor Total Installation 0.50 x -21,359.52 x 1.0300 11,000.15 5 01 22 23 00 0414 MO 3,500 Lb.Capacity,Mlni-Excavator With Full-T'ime Operator $36,512.40 Quantity Unit Price Factor Total Installation 1.50 x 23,632.62 x 1.0300 36,512,40 Mini Excavator for 3 weeks to load trucks for items being disposed of. 6 01 22 23 001627 MO 13 CY Rear Dump Truck With Full-Time Truck Driver $38,567.85 Quantity Unit Price Factor Total Installation 1.50 x 24,963.01 x 1.0300 38,567,85 13 CY Dump Truck for 1 Month to haul off demo materials. 7 01 22 23 001627 0042 For Equipment Without Operator,Deduct -$4,270.06 Quantity Unit Price Factor Total Installation v v 4,270.06 0,26 -16,562.75 i.0300 8 01 22 23 001653 WK 1,500 To 2.000 Gallon Vacuum Truck With Full-Time Truck Driver $10,140.78 Quantity Unit Price Factor Total Installation 2.00 x 4,922.71 x 1.0300 10,140.78 Vaccum Truck for 1 Week to removal Liner and other spray on material removed from fountain, 9 01 22 23 00 1663 WK 3,700 To 4.000 Gallon Water Truck With Full-Time Driver $20,046.70 Quantity Unit Price Factor Total Installation 3.00 x 6,487,28 x 1.0300 = 20,045.70 Water Truck for two Weeks to Replace Water in fountain and run testing of new equipment Contractor's Price Proposal-Detail Page 1 or 4 3/13/2025 Contractor's Price Proposal-Detail Continues.. Work Order Number: 140246.00 Work Order Titre: FIB-Central Library Fountain-Phase 1 Base Bid to 01 22 23 001683 0045 MGL For Each 1,000 Gallon Of Purchased Water,Add $3,661.03 Quantity Unit Price Factor Total Installation 240.00 x 14.81 x 1.0300 3,661.03 11 01 71 13 00 0004 EA First 25 Miles,Equipment Delivery,Pickup,Mobilization And Demobilization $3,079.06 Using ATractor Trailer With Up To 53'Bedincludes loading,tie-down of equipment,delivery of equipment,off loading on site,rigging,dismantling, loading for return and transporting away.For equipment such as bulldozers, motor scrapers,hydraulic excavators,gradalls,road graders,loader-backhoes, heavy-duty construction loaders,tractors,pavers,rollers,bridge finishers, straight mast construction forklifts,telescoping boom rough terrain construction forklifts,telescoping and articulating boom mart lifts with>40'boom lengths, etc. Quantity Unit Price Factor Total installafton ZOO x 1,494.69 x 1.0300 3,079.06 Delivery and Pick Up of Skid Steer Loader and Mini Excavator. 12 01 74 19 000029 CY Drop-Off Reinforced Concrete At Recycling Center $3,032.17 Quantity Unit Price Factor Total Installation 65.00 x 45.29 x 1.0300 3,032.17 Drop off and Dispose of Demolish Concrete 13 02 32 19 000003 CY Test,Entry/Exit Pit Excavation,Backfill And Compaction,By Machine,Paved $4,131.70 Areas,Non-Arterial and Non-State Roads Quantity Unit Price Factor Total Installation 24.00 x 167,14 x 1.0300 4,131.70 Perform Test Entry and Exit Penetration Pits. 14 02 41 13 130033 SY >3"To 6"By Machine,Break-upAnd Remove Rod Reinforced Concrete Paving $21,251.94 Quantity Unit Price Factor Total _ Installation 585.0D x 35.27 x 1.0300 21,251.94 Break up and Remove of 6"Concrete Paving of Damaged Concrete at pond area. 16 02 41 13 130033 0012 For Elevated Slab,Add $10,628.98 Quantity Unit Price Factor Total Installation 585.00 x 17.64 x 1.0300 10,628.98 16 02 41 19 13 0064 LF Rod Reinforced Concrete Slab Up To 4"Depth,Saw Cut $5,580.54 Quantity Unit Price Factor Total installation 840.00 x 6,4E x 1.0300 = 5,580.54 Saw Cut of Existing Concrete Slab for Demolishing of Concrete. 17 02 41 19 13 0064 0030 For Each Additional Pass(Depth To 3"),Add $2,163.00 Quantity Unit Price Factor Total Installation -840.00' x 2.50 x 1.0300 2,163.00 18 02 82 33 000096 SF >2,500 To 10,000 SF,Stucco,Asbestos Abatement And Disposal $90,215.02 Quantity Unit Price' Factor Total Installation 5,270.00 x 16.52 'x 1.0300 90.215,02 Abatement of certain Liners in(2)Fountains. 1g n3 31 13 n0 onas SF 6"3,000 PSI Slab On Grade Concrete Slab Assembly $43,344.4E Quantity Unit Price Factor Total Installation 3,970.00 x 10.60 x 1.0300 ... 43,344.46 Install approximately 3970 SF of 6"Concrete to patch low or damaged areas around the fountain. 20 03 31 13 000005 0149 For 4,000 PSI Concrete,Add $1,512,97 Quantity Unit Price Factor Total installation 3,970.00 x 0.37 x 1.0300 1,512.97 Contractor's Price Proposal.-Detail Page 2 of 4 3/13/2025 Contractor's Price Proposal-Detail Continues.. Work Order Number: 140246.00 Work Order Title: HB-Central Library Fountain-Phase 1 Base Bid , 21 03 31 13 000005 0157 For>2,000 To 5,000.Add . $3,148.61 Quantity Unit Price Factor Total Installation 3,970-00 x 0.77 x 1.0300 = 3,148,61 22 07 11 13 00 0003 CSF 2 Coats,Brush,Roller Or Spray,Fibrous Asphalt Dampproofing $98,845.53 Quantity Unit Price Factor Total instatlation 323.00 x 297.11 x 1.0300 = 98,845.53 2 coats of Waterproofing 23 07 13 53 000022 CSF 60 Mit Polyethylene Vapor Barrier With Bentonitelncludes seam tape,liquid $48,433.01 mastic,anchors and termination bar. Quantity Unit Price Factor Total Installation 323.00 x 132.12 x 1.0300 43,955.00 Demolition 323.00 x 13.46 x 1.0300 = 4,478.01 Furnish and install New Vapor Barrier, 24 07 16 13 00 0001 SF Polymer Modified Cementitious Waterproofing Assembly,2 CoatsAs $164,016.17 manufactured by Thoro Consumer Products.Includes Thoroseal,Acryl 60, acrylic waterproof coating and white pigmented acrylic copolymer primer. Quantity Unit Price Factor Total Installation 32,300.00 x 4.93 x 1.0300 164,016.17 Spray Application of Sherwin Williams Envirolastic AR425 at all Areas over geotextlle at 80-100 Mils, 25 07 19 16 00 0005 SF Spray On Concrete,Solvent Based,Sllane/Slloxane Concrete Penetrating $45,245.84 Water Repellent Seater(Anti-Hydro Aridox 40)40%sllane,alcohol based. - Quantity Unit Price Factor Total Installation 32,300.00 x 1.36 x 1.0300 = • 45,245.84 Apply water Repellent Sealer for Fountain Basins 26 07 51 93 000141 SQ 100%Stltchbonded,Polyester Fabric(Tremco PERMAFAB) $3,374.52 Quantity Unit Price Factor Total Installation 45.70 x 71.69 x 1.0300 3,374.52 Polyester Fabric around penetrations,drains,90 degree areas. 27 07 51 13 000154 SO AlphaGuard C•Prime Primer100%solids epoxy primer for concrete surfaces. $29,918.81 Quantity Unit Price Factor Total Installation 323.00 x , 89.93 x 1.0300 - 28,918.81 Apply Aqua Gard Primer 32,300 SF at the fountain areas. , 28 07 62 13 000018 SF 20 Gauge,0.0375"Thick,Stainless Steel Flashing And Trim .$5,155.15 Quantity Unit Price Factor Total Installation 220,00 x 17.77 x 1.0300 = 4,026.68 Demolition 220.00 x 4.98 x 1.0300 = 1,128.47 Remove Existing Water Fountain Outlet from Building,adjust and replace. - 29 07 62 13 000018 0078 For Wrap Around Window Panning,Add $2,250,14 Quantity , Unit Price Factor Total Installation 220.00 x 9.93 x 1.0300 2,250.14 30 07 92 13 00 0041 CIF 1/2"x 112"Joint,Polyurethane SealantAnd Caulking $9,771.89 Quantity Unit Price Factor Total Installation 19.00 x 499.33 x 1.0300 9,ir�1.89 Furnish and Install Caulking on Joints prior to Install new Sherwin Williams EnvirolasticAR425 - 31 22 11 16 00 0935 LF 2"Schedule 80 Chlorinated Polyvinyl Chloride(CPVC)Pressure Pipe $11,539.81 Quantity Unit Price Factor Total Installation 640.00 x 15.41 X 1.0300 ' 10,158-27 Demolition 510.00 x 2.63 x 1.0300 = 1,361.54 Remove Existing Piping Materials Furnish and Install Piping Need for Small Fountain Basin#5,8&7 Contractor's Price Proposal-Detail - -Page 3 of 4 3/13/2025 Contractor's Price Proposal -Detail Continues.. Work Order Number: 140246.00 Work Order Title: HB-Central Library Fountain-Phase 1 Base Bid 32 22 11 16 00 0935 LF 2"Schedule B0 Chlorinated Polyvinyl Chloride(CPVC)Pressure Pipe $3,650.63 • Quantity Unit Price Factor Total Installation 230.00 x 15.41 x 1,0300 3,650.63 Remove and Replace Damage Piping approximately 230 LE of 2"PVC Piping at Larger Fountain Basin 1&2 33 22 11 16 000938 LE 2-1/2"Schedule 80 Chlorinated Polyvinyl Chloride(CPVC)Pressure Pipe $3,242.96 Quantity Unit Price Factor Total Installation 150.00 x 20.99 x 1.0300 3,242.96 Rerouting of 2.5"PVC Piping for Supply Line Location at Larger Fountain Basin 2, 34 22 51 13 00 0005 EA Cast iron Pool Drain,4"-8"Bottom Outlet,Large Square Top And 24" $7,584.25 Super-Flo Grate Quantity Unit Price Factor Total Installation 3.00 x 2,454.45 x 1.0300 7,584.25 Furnish and Install Cast Iron Pool Drain 4'L 8"Bottom Outlet. 35 22 51 13 000005 0246 EA For Polished Bronze Top,Add $2,378.06 Quantity Unit Price Factor Total - inslallatton 3.00 x 769.60 x 1.0300 2,378.06 36 31 32 19 18 0010 SY 16 Ounce/SY,175 MIi,425 Lb.Grab Tensile Nonwoven Polypropylene $35,040,60 Geotextile Fabric Quantity Unit Price Factor Total Installation 4,860.00 x 7.00 x 1,0300 35,040,60 Furnish and Install US Fabric 16-ounce geotextile to pond interiors with seams overlapping 4-6 inches per manufactures instructions. Subtotal for Base Bid $814,405.58 Proposal Total - $814,405.58 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: • Contractor's Price Proposal-Detail Page 4 of 4 3/13/2025 • GeRDIAN® Subcontractor Listing Date: March 13,2025 Re: iQC Master Contract#: CARS-GB•101723-HRZ • Work Order#: 140246.00 Owner PO#: Title: HB-Central Library Fountain-Phase 1 Contractor: Horizons Construction Co.Intl,Inc. - Proposal Value: $814,405.58 -- ce in+:^�q.,11 •v`x+,i=1;-;i,,-'''`:'4xs: .1_: n :ti .S.,E.x n.;!{� i�it`.w'-`' .-';.i�, ; 4 _ i O v. Name'cf=Gontractos n#5 4 s L 1. 4 i 1�� Qr�tle8 L tri t S LC c9 nt 5 [03 No Subcontractors have been $0.00 0.00 selected for this Work Order • • Page 1 of 1 Subcontractor Listing 3/13/2025 elphot-e) • • Executed in Two Counterparts Bond No. 024284482 Premium: $8,847 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated April 10 ,2025, entered into a contract with Horizons Construction Company International, Inc. 432 W. Meats Ave., Orange, CA 92865 (name and address of Contractor) (hereinafter referred to as Principal"),for performance of the work described as follows: Repairs to Central Library Fountains, CC1630 EZIQC Contract No. CA-R8 GB-101723-HRZ Work Order No. 140246.00 • (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and The Ohio Casualty Insurance Company P.O. Box 34526, Seattle, WA 98124 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of nine hundrd thirty-six thousand &00/100 Dollars($936,000.00 ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 15-4584/117174 Bond No.024284482 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:April 22, 2025 ATTEST Horizons Construction Compan tional, Inc. (Corporate Seal) rincipal ame) By: Name: b QS% Title: V•We.coldean/- ATTEST The Ohio Casualty See attached CA Acknowledgment Insurance Company (Corporate Seal) (Surety Name) By. Name: Karen Letz (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (206) 473-6210 (Area Code&Telephone Number for Surety) APPROVED AS TO F By: ichael E.Gates,City Attorney 1 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. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r.,c=_ce_rc�c.�r,�:F.c�,crearcrcrc�c.cc>.frcci-cexi-:z>,c�,c:rrr,�,r.�.c>rcre:rcrs:�,s-c.�,c;ec:eze:re;t,er.�:ecccrcre:cc-ccrcrcrcrcrc�,� 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 April 22, 2025 before me, Heather Willis, Notary Public Date Here Insert Name and Title of the Officer personally appeared Karen Letz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEATHER WILLIS ' WITNESS my hand and official seal. U Q; COMM.#2498695 [J' :4 .9: NOTARY PUBLIC- CALIFORNIA I 5 '� 9'7 ORANGE COUNTY 0 Signature FLAN. ZOOMA— COMM.EXPIRES SEPT.25,2028Z Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 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): E Partner — —I Limited ❑General ❑ Partner — LI Limited Li General ❑ Individual Ll Attorney in Fact ❑ Individual fl Attorney in Fact D Trustee L] Guardian or Conservator D Trustee LI Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 AThis Power of Attorney limits the acts of those named herein,and they have no authority to or- pd., bind the Company except in the manner and to the extent herein stated. ` - Liberty Liberty Mutual Insurance Company G ` Mutual® The Ohio Casualty Insurance Company . Certificate No: 8212043-971919 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized , under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Charles L. Flake,David L.Culbertson,Heather Willis,Karen Letz,Lexie Sherwood,Spencer Flake all of the city of Anaheim state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of June , 2024 . Liberty Mutual Insurance Company V- .,. 1NSUp POSY INS& d%Nsu Er'? The Ohio Casualty Insurance Company �oovoR,,,.4� ..0 Oki.'h ot- 0 P°R7Toy00 West American Insurance Company ' 1912 0 o 1919 . L 1991 14:744,".� y OBy: , E JlSACHUSd NAMPS ,a !S N°AN .da � U _m David M.Carey,Assistant Secretary c�O-. - m` State of PENNSYLVANIA ss •— = 2 ,County of MONTGOMERY o .:. On this 26th day of June , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o a0 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes FE= a) > therein contained bEt ru coy signing on behalf of the corporations by himself as a duly authorized officer. a ID IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. m yp PAST --= _ 44'�fN'ONWF4 � Commonwealth of Pennsylvania-Notary Seal T— .. o f1! Teresa Pastella,Notary Public a'� ti ° s 7 Montgomery County iii1(4) - OO 0 OF My commission expires March 28,2025 B •T/t O a O (`0 'qSce�.,,�� so- Commission number 1126644 y �j.�"'vSYC t j, Member.Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O or)wO N O "Wry �� CV This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Ii N ai ARTICLE IV-OFFICERS:Section 126 Es .Power of Attorney. o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the 0 m 2ei. President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety co • c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c 8 o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a)Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ai provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. (i a ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 22nd day of April , 2025 . • v 1NSt/,p co INS d\NSUR ,, 0paort4T''74 y/ owPoi9,q qy 0 OwFOR4 4+ r `oo cp Q 3 Fo 0 r `Oo 7p _ .. 1912 0 0 y1919� 0 s 1991 0 B d,,) '97CHU5 4b' y°/,,AMP55', t, %IOC' a y• 9� d dd s�, �a Renee C.Llewellyn,Assistant Secretary * 41 * f M * 1 LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On April 22, 2025 before me YAZMIN BARRERA VALDES, NOTARY PUBLIC Personally appeared KINAN KOTRASH ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,„ YANIN BARRERA VALDES 4 111 Notary Public•California Orange County eigh. y'. Commission�2403422 __ My Comm Expires Jun 2.2026 / 411rign•p of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Performance Bond ® CORPORATE OFFICER Bond No.: 024284482 ❑ LIMITED ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: Horizons Construction Co. Int'l, Inc. NAME OF PERSON(S) OR ENTITY(IES) a ,? Executed in Two Counterparts Bond No. 024284482 Premium: Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City") has awarded to Horizons Construction Company International, Inc. 432 W. Meats Avenue. Orange,CA 92865 (name and address of Contractor) (hereinafter referred to as"Principal"), a contract("Contract")for the work described as follows: Repairs to Central Library Fountains, CC1630 EZIQC Contract No. CA-R8-GB-101723-HRZ Work Order No. 140246.00 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard &Poor's,to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE we,the undersigned Principal,and The Ohio Casualty Insurance Company P.O. Box 34526, Seattle, WA 98124 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of nine hundred thirty-six thousand &00/100 dollars($936,000.00 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract, in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her,or its heirs,executors, administrators, successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page I of 2 15-4584/117357 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect,impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: April 22, 2025 ATTEST Horizons Construction Com.an Intern-tional Inc. (Corporate Seal) (Pr'' ipal me) By: Name.A�fflarl�,, Title: - ceSldeht ATTEST The Ohio Casualty See attached CA Acknowledgment Insurance Company (Corporate Seal) _ (Surety Nam By: QS/G% Name: Karen Letz (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (206) 473-6210 (Area Code&Telephone Number for Surety) APPROVED AST M: By: • hael E.Gates, ity ttorney 19-1.1440.1 ( i' 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. PAYMENT BOND Page 2 of 2 15-4584/117357 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,C.cf..ex.cc.-eer4(:MA,N .c_ccrcrecercr.E-ce;em..c c". rF ec ecru ccr4 A-cc•c, ,4 rrc4'ne•CA-,CA- c:crt E-C,c—ne,CA-rA-CA-ccrrcc-fA 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 April 22, 2025 before me, Heather Willis, Notary Public Date Here Insert Name and Title of the Officer personally appeared Karen Letz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. s HEATHER wit.L I S WITNESS my hand and official seal. UkP.EUa E.•��'.S (nctig.41;n7^' NOTARY PUBLIC .CALIFORNIA /1e4CaiWt- 2 r� }►'J" ORANGE COUNTY () Signature FonN, COMN4.EXPIRES SEPT•25 2028"` Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 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): E Corporate Officer — Title(s): ❑ Partner — ❑ Limited IL General ❑ Partner — IL Limited Li General L Individual Attorney in Fact ❑ Individual IL Attorney in Fact ❑Trustee Guardian or Conservator ❑Trustee E Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 This Power of Attorney limits the acts of those named herein,and they have no authority to sr bind the Company except in the manner and to the extent herein stated. N II Liberty Liberty Mutual Insurance Company Pitt Mutual® The Ohio Casualty Insurance Company Certificate No: 8212043-971919 West American Insurance Company • SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Charles L. Flake,David L.Culbertson,Heather Willis,Karen Letz,Lexie Sherwood,Spencer Flake all of the city of Anaheim state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the,Companies as if they have been duly signed by the president and attestedrby the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of June , 2024 . Liberty Mutual Insurance Company P�mow?... P01 IN.0 d\HSU qq The Ohio Casualty Insurance Company J 0001 ,+ yJ cORPoa4).�. .�P c0wP0#.q ti, West American Insurance Company fis `o rn cry 3 t m W 4 Fo b 1912 ° nu 1919� ' s 1991 o4/ uiE d.)1 ''s4c;o .aa S° "AtNPsa`.dD '�s1 �'YDIANt' ,da3 4 'C_ U c 9,2 * *� "W-1 * tt, ,H * ft4 By: m La David M.Carey,Assistant Secretary a roo State of PENNSYLVANIA SS • ' 2 ,County of MONTGOMERY o • .� On this 26th day of June , 2024 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes E= a?> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 8 a IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. C•rn aO o N 5P PgsT "_ ` ce•�M°NP,,i,F. Commonwealth of Pennsylvania-Notary Seal 7` a O 4 c' (- y Teresa Pastella,Notary Public a)"as .,.., Montgomery County �C„ Oa) OP My commission expires March 28,2025 B O N C N av Commission number 1126044 y- L co.._. ZNP �G Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O CV -C a3 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 E. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a 0 CNI 00 b as ARTICLE IV—OFFICERS:Section 12.Power of Attorney. • a o " Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a :2 t President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m CO as c> 2any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such a) Z ci instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the a�i provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL 0- ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. . I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 22nd day of April , 2025 . P) 1NSU� Ti.�(Y rNSvp d \NSUgq , coaP°aar 4' 4) coµPoR4r 14, .GPcpct"O r—ro ▪ 3 Fo to 0° 3 Fo m ON, cn �� , • 1912 ° ° 1919 1991 0 rl,,,+rIJVc.G�•Gy` d's j3 Z 2m e o s 3 By. O)ej4CHUS�.da °dam"AMPS1, �s,i'l *NP 4 Renee C.Llewellyn,Assistant Secretary * F f/1 t t` M r LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of CALIFORNIA County of ORANGE On April 22, 2025 before me YAZMIN BARRERA VALDES, NOTARY PUBLIC Personally appeared KINAN KOTRASH ❑ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a BARRERArif-"A*gairdalairagliblillYAZAIN Notary Public•California Orange Counry ; � Commission�2a03a22 My Comm.Expires Jun 2,2026 _' � _ _ _ _ _ Si ture of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Payment Bond ® CORPORATE OFFICER Bond No.: 024284482 LIMITED U PARTNER(S) 7 ATTORNEY-IN-FACT n TRUSTEE(S) n GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: Horizons Construction Co. Int'I, Inc. NAME OF PERSON(S) OR ENTITY (IES) • CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Horizons Construction Co. Intl, Inc. PROJECT: Central Library Fountains (Contractor Name) CC1630 432 W. Meats Ave. (Street Address) Orange,CA 92865 (City,State and Zip) TO: CITY OF HUNTINGTON BEACH • DECLARATION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City")and the above-named Contractor("Contractor')for the above-described project("Project"). • I declare under penalty of perjury under the laws of the State of California that the above statement Is true and correct Signed on April 23 20 at Orange,CA (Date) (City,State) __ -,,t-- Kinan Kotrash,V.President (Signs dividuel Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance In compliance with the Insurance requirements of the Contract for the Project Said Insurance shall be maintained through and until the expiration of all Warranties provided by Contractor, Said insurance shall contain Additional Insured Endorsement CG 2010 1.185,naming City as an additional insured, Contractor shall supply to City,on at least an annual basis,a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. . Signed on April 23 ,2024 at Orange,CA (Date) (City,State) CONTRACTOR: :2CobonCo1 Hon ns ruct . Warne; Kinanj<otrash Title: V.President 177Q41a j( X*-* ® DATE(MM/ODIYYYV) '`��R� CERTIFICATE OF LIABILITY INSURANCE 4/24/2025 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 CONTAI„T NAME: J P.Galuslao JPG Insurance Services LAM,No,Eat): (818)585-6903 1A/C,No): (888)838-9765 • License/0M61665 ADDRESS: JP«Jpgins.net 2550 E Amar Rd.Ste.All-B INSURER(S)AFFORDING COVERAGE NAIC N West Covina,CA 91792 INSURER A: Admiral Insurance Company 24856 INSURED INSURER B: United Financial Casualty Company 11770 Horizons Construction Company Inleniational,Inc. INSURER C: Evanston Insurance Company 35378 432 W Meats Avenue INSURER D: Orange,CA 92865 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 AUULSUI& POLICY EtF POLKA'EXP LIMITS LTRINSU WVU POLICY NUMBER (MM/DDIYYYY) (MM/ODIYYYY) x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 UAMAGE IUNEN IEU 300,000 CLAIMS.MADE OCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) S 5,000 A X Ded:S5,000 Per Occurrence Y CA000048492-03 03/18/2025 03/18/2026 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY I PRO JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S B -OWNED -SCHEDULED AUTOS ONLY -N 928746528 12/19/2024 06/19/2025 BODILY INJURY(Per accident) $ -HIRED NON-OWNED PROPERTY DAMAGE _AUTOS ONLY _AUTOS ONLY (Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE S 4,000,000 A X EXCESS LIAB CLAIMS-MADE GX000006312-03 03/18/2025 03/18/2026 AGGREGATE $ 4,000,000 DED RETENTION$ WORKERS COMPENSATION PER 01H- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S Each Occurrence 2,000,000 C Contractor's Pollution Liability CPLMOL1233S9 04/22/2024 04/22/2026 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Central Libraty Fountain Restoration APPROVED AS TO FOR City oft Beach,its officers,elected or appointed officers,employees,agents,and volunteers are included as Additional Insureds as res a to General Liability per attached endorsements.This insurance shall apply as Primary and Non-Contributory per attached endorsement. By: MICHAEL J.VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE I Huntington Beach CA 92648 JPaaL pate{ �frTltty(AO ©19B8-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD --y I1ORlCON-02 TJUE .01,CCOR131" DATE(6U,UDWYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/23/2025 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 „Of ONTACT Paramount Exclusive Insurance Services,Inc, ac°,Nei,Est):(818)986-7283 �Nc,Noy:(818)986-4949 15760 Ventura Blvd.Suite 500 E-MAIL Encino,CA 91436 servicseparamountexcluslveins.com _•� _____�INSURER(] FFORDING COVERAGE _ AIO tJ,T INSURER A;Insurance Company of the West 127847 INSURED INSURER B: Horizons Construction Company International,Inc. INSURERC- _ 432 West Meats Ave Orange,CA 92865INSURER E INSURER P t 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 IMTTFl 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 ADDL SUER POLICY POLICY EPP POLICY EXP LIMITS N LTR INS° WVD (MhirDbIYYYYI IMM/DDIYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 --`•�CLAIMS-MADE ni OCCUR DAMAGE TO RENTED _p_$FM BES,I.Ea occctra ) 3l 3 MED EXP(Any ono parson) - S PERSONAL S ADV INJURY S GEM.AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S POLICY n j a Li Lip, PRODUCTS-COMP/OP AGG(S OTHER: S -----.-------__._._� AUTOMOBILE LIABILITY COMBINED SINGLE UNIT ANY AUTO }}{{ E001LYINJURY(Per parson) S AUTOS ONLY _AUTOS BODILY BODILY INJURY(Petacclden S AUTOS ONLY AUTOS ONLY (Per as $ IDAMAGE S UMBRELLA LIAB I OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE `v S _ DED RETENTIONS S A WORKERS COMPENSATION x AND EMPLOYERS'LIABILITY STA(UTE I ER ANY PR�OOPRIETORPARTNER/EXECUTIVE YIN X WVE•5072213.01 7/15/2024 7/15/2025 EL EACH ACCIDENT s 1,000,000 OFFICEFUMEnBE EXCLUDED? (Y l NIA E.L.DISEASE-EA EMPLOYEE,S 1,000,000 It yes.describe under 1,000,000 OESCRIPTIONOF OPERATIONS IAlaw E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101 Additional Remarks Schedule,may ba attached timer()space Is required) Waiver of Subrogation applies in favor of City of Huntington Beach,Its officers,elected,or appointed officials,employees,agents,and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St, P.O.Box 190 Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD Policy Number: CA000048492-03 CG 20 10 12 19 Issued Date:05/14/2025 Effective Date:05/14/2025 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 City of Huntington Beach,its officers,elected or appointed Project:Central Library Fountain restoration officers,employees,agents,and volunteers 7111 Talbert Ave 2000 Main St. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its 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: CG 20 10 12 19 ©Insurance Services Office,Inc.,2018 Page 1 of 2 ❑ • • 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. • • • • • • CG 20 10 12 19 0 Insurance Services Office,Inc.,2018 Page 2 of 2 Policy Number:CA000048492-03 CG 20 37 12 19 issued Date:05/14/2025 Effective Date:05/14/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations City of Huntington Beach,its officers,elected or appointed Project:Central Library Fountain restoration officers,employees,agents,and volunteers 71 1 1 Talbert Ave 2000 Main St. Huntington Beach,CA 92648 Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury"or"property damage"caused,in whole or in part,by "your work"at the location designated and described iu the Schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. if coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 1219 0 Insurance Services Office,Inc.,2018 Page 1 of 1 Policy Number:CA000048492-03 AD 06 57 09 23 Issued Date:05/14/2025 Effective Date:05/14/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE City of Huntington Beach,its officers,elected or appointed officers,employees,agents,and volunteers 2000 Main St. Huntington Beach,CA 92648 It is agreed that the COMMERCIAL GENERAL LIABILITY COVERAGE FORM,Section IV Paragraphs 4.b.and 4.c.do not apply with respect to other valid and collectible Commercial General Liability insurance,whether primary or excess, available to the person or organization shown in the Schedule and: I) Who is an insured under an Additional Insured-Owners,Lessees or Contractors endorsement attached to this policy; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. AD06570923 Pagelofl 0 Policy Number:CA000048492-03 CG 24 04 05 09 Issued Date:05/14/2025 Effective Date:05/14/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach,its officers,elected or appointed officers,employees,agents,and volunteers 2000 Main St. Huntington Beach,CA 92648 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—Condi- tions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the per- son or organization shown in the Schedule above. • • CG 24 04 05 09 ©Insurance Services Office,Inc.,2008 • Page 1 of 1 O WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed.8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT•BLANKET 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 %of the total California Workers'Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR CALIFORNIA ORGANIZATION FOR OPERATIONS ONLY. WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. • This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/15/2024 Policy No.WVE 5072213 01 Endorsement No. insured HORIZONS CONSTRUCTION COMPANY Premium$ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed.8.00) INSURED r \ \.TI�NG CITY OF 1g • a.....•o�P °�` - • HUNTINGTON BEACH Cpp�iTys ,A� Lisa Lane Barnes I City Clerk May 6, 2025 Horizon Construction Attn: Kinan Kotrash 432 W. Meats Avenue Orange, CA 92865 Dear Mr. Kotrash: Attached for your records is a duplicate original of the Service Agreement between Horizons Construction Company International, Inc. for Repairs to Central Library Fountains. Sincerely, *4416*Pie. • Lisa Lane Barnes City Clerk LLB:ds Enclosure • Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov