Loading...
AGR-6947 - HORIZONS CONSTRUCTION COMPANY INTERNATIONAL INC - ANNUAL CONCRETE REPLACEMENT AT VARIOUS LOCATIONS FY 2019-2020a,R-e CONTRACT Annual Concrete Replacement at Various Lacations, FY 2019-2020 (Bid No. 190-23)] THIS CONTRACT (the "ContPacY') is made and entered into as of rt 0 2020 Effective Date")by and between the CITY OF ORANGE,a municipal corporation("City"),and HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC.,a Califomia corporation Contractor"),who agree as follows. ARTICLE 1 Work Performed a. For and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by City,and under the conditions expressed in the two(2)bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and fumish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be fumished by Ciry to Contractor,necessary to complete in good workmanship and substantial manner the work(the"Work") described in: I) The Construction Plans for Batavia Street Railroad Crossing Improvements Drawing SP-3998)prepared for City by Eduardo Lopez, approved by the "Engineer" (as defined below) on December 12, 2019, and consisting of sheets numbered 1 through 2, inclusive (the Plans"); 2) The latest edition of the "City of Orange Standard Plans and Specifications" (the Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, [o specifically include the City Engineer(or his/her designee); 3) The "Standard Specifications for Public Works Construction"(the"Green Book"), and all amendments thereto; 4) The "City of Orange Standard Special Provisions;" 5) The Standard Plans; and 6) Contractor's Bid Proposal, which is on file with City's Department of Public Works. b. Contractor acknowledges that it has received the Plans from CiTy and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereo£ The Orange Book,Green Book and City of Orange Standard Special Provisions and Standard Plans are on file with City's Public Works Director and are hereby specifically referred to and by such reference made a part hereoE A copy of the Special Provisions and Standazd Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges that it has read,reviewed and understands the Plans,the Orange Book,the Green Book,the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the "Plans and Specifications." c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City's exclusive solid waste hauler for [he rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled conshvction and demolition waste. The terms and conditions set forth in Ihis Contract shall control over any terms and conditions in the Plans and Specifications to the contrary. d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment. e. Unless and until otherwise notified in writing by City's Public Works Director, City's Principal Engineer,Randy Nguyen("Authorized City Representa[ive"), sha(I be the person to whom Contractor will report for the performance of the Work hereundec It is understood that Contractor's performance hereunder shall be under the direction and supervision ofthe Authorized Ci[y Representative or such other person as City's Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all perFormances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City's Public Works Director. f.It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor's Bid Proposal,then this instrument shall con[rol and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith. ARTICLE 2 Commencement of Work Contractor agrees to commence the Work provided for in this Contract within fifteen (I S) days of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion of the Work within ninety (90) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Green Book. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. ARTICLE 3 Compensation Contractor agrees to receive and accept an amount not to exceed SIX HLTNDRED THIRTEEN THOUSAND SIX HiJNDRED FORTY-EIGHT DOLLARS and 50/100 2 613,648.50) as full compensation for fumishing all materials and doing all the Work contemplated and embraced in this Conhact. Said compensation covers (1) all loss or damage arising out of the nature of the Work,from the acts of the elements; (2)any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City; (3) all risks of every description connec[ed with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and fai[hfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention. ARTICLE 4 Licenses Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract. ARTICLE 5 Guarantees a. Contractor guarantees the construction and installation of all work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment,workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail [o function propedy, as designed, due to any of the above causes within twelve(12)months afrer the date on which said Work is accepted by City, Contractor shall make repairs and fumish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt o£a demand from City. c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incotporated into the Work. d. In the event repairs are not made within fifteen(15)calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is undetstood that emergency repairs may, by necessity, be made by City. Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City,upon demand,for all expenses incurred. Emergency repairs 3 will be deemed as those repairs determined by City's Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City. ARTICLE 6 Water Quality a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the PermiY'), which governs storm water and non-storm water discharges resulting from municipal activities per£ormed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas. b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City's Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit,the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby agrees to perform the Work in conformance therewith. ARTICLE 7 Independent Contractor, Contractor not Agent a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, fumish all facilities, materials and equipment which may be required for fumishing services pursuant to this Contract. Contractor shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security,withholding and all other wages,salaries,benefits,taaces,exactions,and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. b. Except as City may specify in writing, Conhactor shall have no authority, express or implied,to act on behalf of CiTy in any capacity whatsoever as an agent. Contrac[or shall have no authority, express or implied,to bind City to any obligation whatsoever. 4 ARTICLE 8 Public Work,Prevailing Wage a. The Work which is the subject of this Contract is a "public work," as that term is defined in Section 1720 of the Califomia Labor Code, for which prevailing wages must be paid. To the extent Contractor's employees will perfomi any work that falls within any of the classifica[ions for which the Department of Labor Relations of the State of Califomia promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafrs can be located on the website of the Deparhnen[ of Industrial Relations (www.dicca.eov/DLSRI. Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and hereby agrees to and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor hereby agrees to and shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the Califomia Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of[he 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" d. Contractor hereby agrees to and shall indemnify,protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable [o City, from and against any and all loss, liability, damage, claim, cost, expense, and/or"increased costs" (including reasonable attorney's fees, court and li[igation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the par[ies that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract. 5 ARTICLE 9 Equal Employment Opportunity During the performance of this Contract, Contractor agrees as follows: a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment,upgrading,demotion or transfer,recruitment or recruitment advedising,layoff or termination,rates ofpay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. b. Contractor shall, in all solicitations and advertisements for employees placed by,or on behalf of Contractor, state that all qualified applicants wil] receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Con[ract, provided that the £oregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. ARTICLE 10 Contlicts of Interest Contractor agrees tha[ it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of Ciry in which Contractor knows or has reason to know that Contractor, its officers,partners, or employees have a financial interest as defined in Section 87103 of the Govemment Code. ARTICLE 11 Indemnity Contractor agrees to and shall defend, indemnify and hold harmless City and its officers, officials, agents, employees, attorneys, and contractors from and against: a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses including reasonable attorneys'fees and court costs)which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance o£this Contract which may be direcUy or indirectly caused by the acts ot omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, 6 generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any will£ul misconduct, negligence or breach of this Contract by City or its officers, officials, agents, employees, attomeys, or contractors. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers' compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out of Contractor's work under this Agreement, including any and all claims under any law pertaining to Contractor's status as an independent contractor. ARTICLE 12 Insurance a. Contractor shall prowre and maintain fot the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, its agents, representatives, employees or subcontractors. b. Contractor shall maintain the following minimum amount of insurance:the greater of either the limits set forth in(1)through(4),below; or all of the insurance coverage and/or limits carried by or available to Contractor. 1) General Liability 2,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability 1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation as required by the State oFCalifomia. 4) Employer's Liability I,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum requited coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made tha[the minimum insurance requirements of this Contract are sufficien[to cover the obligations of Contractor under this Contract. 7 d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain,the following provisions: 1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy,with respect to IiabiliTy arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment fumished in connection with such work or operations. A policy endorsement to that effect shall be provided to City along wi[h the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies)which evidences [hat City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.6, above, shall apply to City as an additional. 2) For any claims related to this project, Contractor's insurance coverage shall be primary insurance with respect to City, its officers,officials,agents and employees. Any insurance or self-insurance maintained by City, its officers, o£ficials, agents and employees shall be excess of Contractor's insurance and shall not contribute with it. 3) Coverage shall not be canceled, except after thirty (30) days' prior written notice has been provided to City. f.Contractor shall furnish City with original certi£cates of insurance and endorsements effecting coverage required by this ARicle 12. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete,certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in Califomia and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contrac[or. i.Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor 8 hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. Contractor agrees to obtain any other endorsement that may be necessary to effect this waiver of subrogation. j.Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. ARTICLE 13 Termination City, acting through its City Manager or his/her designee, reserves the right to terminate this Conhact for any reason by giving five (5) days' written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract,unless such termination shall be for cause, in which event City may withhold any disputed compensatioa City shall not be liable for any claim of lost profits. ARTICLE 14 Maintenance and Inspection of Records In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting rewrds and other information (collectively, the "records") pertaining to the costs of and completion oF services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if requested. ARTICLE 15 Compliance with Laws a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder. b. Contractor represents and warrants that Contractor. 1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and 9 2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract;and 3) Has properly maintained, and shall at all times during the term of this Contract propedy maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees; and 4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any govemment inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security,the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or sub-consultants to make these same representations and warranties required by this Article 15 when hired to perform services under Yhis Contract. d. Contractor shall,upon request of City,provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractoc Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor,or a subcontractor or subconsultant,knowingly employs an employee providing work under this Contract who is not authorized to work in the United States,and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach o£this Contract and may be cause for immediate termination of this Contract by City. Contractor agrees to indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustaiu by reason of Contractor's failure to comply with said laws,rules and regulations in connection with the pecformance of this Contract. ARTICLE 16 Governing Law and Venue This Contrac[shall be construed in accordance with and govemed by the laws of the State of Califomia and Contrac[or agrees to submit to the jurisdiction of Califomia courts. Venue for any dispute arising under this Contract shall be in Orange County, Califomia. 10 ARTICLEI7 Integration and Amendment a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written,pertaining to the work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both par[ies. Any work per£ormed which is inconsistent with or in violation of the provisions of this Conhact shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Con[ract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code. ARTICLE 18 Notice Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by firs[ class mail, postage prepaid, to each party at the address listed below. Either party may change the no[ice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S.Mail,whichever is eazlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. CONTRACTOR" CITY" Horizons Construction Co. InYI, Inc. City of Orange 432 W. Meats Avenue 300 E. Chapman Avenue Orange, CA 92865 Orange, CA 92866-1591 Attn: Hatem Ibrahim Atfi: Randy Nguyen Telephone: 714-626-0000 Telephone: 714-744-5531 E-MaiL• Hatem@Horizonscci.com E-Mail: mguyen@cityoforange.org ARTICLE 19 Claim Resolution City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by[his reference. 11 ARTICLE 20 Counterparts This Co tract may be executed in one or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures hansmitted via facsimile and electronic mail shall have the same effect as original signatures. IN WITNESS WHEREOF,the parties have entered into this Contract as of the date and year first above written. CITY" CITY OF ORANGE, a municipal corporation By: ' Z Mark . Murphy Mayo of the City of Orange CONTRACT, BONDSAND INSURANCE APPROVED BY: ATTEST: Iil. I..Q L n Mary E. Bi iing Pamela Coleman, City Clerk Senior Assistant City Attorn CONTRACTOR" HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC, a Califomia corporation ote: Signature of Chairman of the By: Board, President or Vice President is Printed 1 F me: KD'fYCt required] Title: C ' ote: Signature of Secretary,Assistant By: Secretary, Chief Financial Ofticer or Printed Name• Assistant Treasurer is also required] Title: SEGYc Y Y 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. SWte of CALIFORNIA County of ORANGE On February 26. 2020 before me YAZMIN BARRERA VALDES. NOTARY PUBLIC Personally appeared KINAN KOTRASH who proved to me on the basis of satisfactory evidence to be the person{ whose nameEsj is/are subscribed to the within instrument and acknowiedged to me that he/sqe{key executed the same in his/Her{Eqei authorized capacity(ies), and that by his/eif signature(-sj on the instrument the person{sj, or the entity upon behalf of which the person{j acted, executed the instrumenf. 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. YALNIN BARRERAYALDES G l NataryPublic-Callfarnia j OrangeCaunty Commission:R41743 My Canm.Expireslun 2,2022 S'gnatu otary r, 3 i `_ r d i r'` ta.°' .... ' fl se.:t r i S.P" E,s.:.?d'0.,MP ,: a .i , i3"; ^ei t,- . 8 a . . <..,rza,w, a,...:t c. . Though the data below is not required by law, it may prove valuable to persons relying on the document and wuld prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTlON OF ATTACHED DOCUMENT INDIVIDUAL Contract CORPORATE OFFICER Page 12 LIMITED Annual Concrete Replacement at Various Locations FY 2019-20 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(5) GUARDIAN/CONSERVATOR OTHER: _ SIGNER IS REPRESENTING:HORIZONS CONSTRUCTION CO. INT'L.INC. NAME OF PERSON(S) OR ENTITY(IES) ATTACHIVI NT NO. 1 CALIFORNIA LABOR CODE SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Reeistration of contractors; mandatory reeistration; qualifications and application; fees; exempt contractors A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, contractor"includes a subcontractor as defined by Section 1722.1. a) To qualify for registration under this section, a contractor shall do all of the following: I)(A) Register with the DepaRment of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400)to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafrer.The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 17713. B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister. 2)Provide evidence, disclosures, or releases as are necessary to establish all of the following: A) Workers'compensation coverage that meets the requirements of Division 4 (commencing with Section 32001 and includes sufficient coverage for any worker whom the conh actor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 70001 of the Business and Professions Code. C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, o determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or de[ermination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. D) The contractor is not currently debaned under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period Attachment No. 1 Page 1 of 13 of disqualification shall be waived if both of the following are true: i)The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. ii)The contrac[or pays an additional nonrefundable penalty registration fee of two thousand dollars($2,000). b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 17713 and shall be used only for the purposes specified in that section. c) A contractor who fails to pay the renewal Fee required under paragraph (1)of subdivision(a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any wntract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadver[ent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or conhact is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a couR decision,the requirements of this section shall no[apply, subject to the following requirements: 1)The body that awarded the contract failed, in the bid specification or in the contract documents,to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work. 2) Within 20 days £ollowing service of notice on the awarding body of a determination by the Director of Indushial Rela[ions pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this sectio or are replaced by a contractor or subcontractors who are registered under this sec[ion. 3) The requirements of this section shall apply prospectively only to any subsequen[ bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2). e)The requirements of this section shall apply to any bid proposal submitted on or after March 1,2015,to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed. This section does not apply to work performed on a public works project of twenty-five thousand dollazs 25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifreen thousand dollars ($15,000) or less when the project is for maintenance work. Section 1771. Payment of aeneral prevailiue rate Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages £or work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. Attachment No. 1 Page 2 of 13 This section is applicable only to work performed under contract,and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. Section 1771.1. ReQistration as a contractor or subcontractor reauired prior to bid submission: exceptions: violations; penalties a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in [he performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any confract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply: 1) The subcontractor is registered prior to the bid opening. 2) Within 24 hours after the bid opening,the subcontractor is registered and has paid the penalty registration fee specified in subparaarauh (E) of oaraeraoh (21 of subdivision (al of Section 1725.5. 3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authori[y,to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place o£the unregistered subcontractor. e) The department shall maintain on its Intemet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. A contract entered into with any con[ractor or subcontractor in violation of subdivision (a) shall be subject to cancellation,provided that a contract for public work shall not be unlawful,void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section. g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the petformance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall for£eit, as a civil penalty to the state, one hundred dollars ($100)for each day of work performed in viola[ion of the registration requirement,not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subpara ph (El of paraeranh (2) of subdivision (a) of Section 1725.5. h)(1) In addition tq or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher Attachment No. 1 Page 3 of 13 iered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). 2) The Labor Commissioner shall use the same standazds specified in subpara raph (A) of para ra h (2) of subdivision(a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's abiliTy to monitor and enforce compliance with the requirements of this chapter. 3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requiremenu of Section 1725.5 due to the revocation of a previously approved registration. 4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph(1).A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (I). i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741 upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (I) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Ar[icle 1 (commencing with Section 17201 and Article 2 (commencing with Section 17701, shall apply. j)(1) Where a contractor or subconhactor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or [his section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contrac[or or the unregistered subwntractor on all public works until the unregistered contractor or unregistered subcontractor is regis[ered. The stop order shall not apply to work by registered contractors or subcontractors on the public work. 2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods: A)Manual delivery of[he order to the contractor or subcontractor personally. B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following: i) The address of the wntractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board. ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board,the address of the site of the public work. 3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, Attachment No. 1 Page 4 of 13 or both. The appeal, hearing, and any further review of the hearing decision shall be govemed by the procedures, time limits, and other requirements specified in subdivision (al of Section 2381. 4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage,not to exceed 10 days. k) Failure of a contractor or subcontractor, owner, director, o cer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both. l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018,regardless of when the contract for public work was entered. m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 17713 and shall be used only for the purposes specified in that section. n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars 25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000)or less when the project is for maintenance work. Section 1771.4. Additional renuirements when biddina and awardin2 public works contracts a) All of the following are applicable to all public works projects that ate otherwise subject to the requirements of this chapter: I)The call£or bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation. 3)Each contractor and subcontrac[or shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner: A)At least monthly or more frequently if specified in the contract with the awarding body. B) In a format prescribed by the Labor Commissioner. 4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (fl of Section 1725.5, the unregistered conhactor or subconhactor is not required to fumish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work. Attachment No. 1 Page 5 of 13 5) The deparhnent shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision(a) if either of the following occurs: 1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011. 2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. c)The requirements of paragraph(1)of subdivision(a)shal] only apply to contracts for public works projects awarded on or after January 1, 2015. d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work,whether new or ongoing, on or after January 1, 2016. Section 1775. Penalties for violations a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalfthe contract is made or awazded,forfeit not more than two hundred dollars($200) for each calendar day, or portion thereof, for each worker paid ]ess than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. 2)(A)The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so,the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless those penalties were subsequently withdrawn or overtumed. iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision(c) of Section 1777.1. Attachment No. 1 Page 6 of 13 C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 17201 of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor,and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: 1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771 1776, 1777.5, 1813, and 1815. 2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. 3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages,the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to,retaining sufficient funds due the subcontractor for work performed on the public works project. 4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalTy of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. c)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. Section 1776. Pavroll records: retention; inspection; redacted information: a2encies entitled to receive nonredacted cooies of certified records; noncomnliance penalties: rules a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to eachjoumeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1) The information contained in the payroll record is true and correct. Attachment No. 1 Page 7 oF 13 2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1)A certified copy of an employee's payroll record shall be made available for inspection or fumished to the employee or his or her authorized representative on request. 2)A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3)A ceRified copy of all payroll records enumerated in subdivision(a) shall be made available upon request by the public for inspection or for copies thereo£ However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records,reimburse the costs of preparation by the contractor, subcontractors,and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. c) Unless required to be furnished directly to the Labor Commissioner in accordance with para raph (3) of subdivision (a) of Section 1771.4,the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision(a). d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a)with the entity that requested the records within 10 days after receipt of a written request. e) Except as provided in subdivision (fl, any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security numbec The name and address of the contractor awarded the contractor the subcontractor perForming the contract shall not be marked or obliterated.Any copy of records made available for inspection by, or fumished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(cl(51) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a1 shall be marked or obliterated only to prevent disclosure of an individual's social security number. 1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other ]aw enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and fumished upon request to the public by an agency included in the Joint Enforcement Strike A[tachment No. 1 Page 8 of 13 Force on[he Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individuaPs name, address, and social security number. 2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. g)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. j)The director shall adopt rules consistent with the Califomia Public Records Act(Chapter 3.5 (commencing with Section 62501 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) goveming the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. Section 1777.5. Emalovment of reeistered aaarentices: waQes; standards; number; apprenticeable craft or trade: exemations: contributions: comnliance aroQram a)(1) This cl apter does not prevent the employment upon public works of properly registered apprentices who aze active pafticipants in an approved apprenticeship program. 2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. 2) Unless otherwise provided by a collective bargaining agreement,when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity,including travel time to and from the required activity,if any,at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spen[ on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. Attachment No. 1 Page 9 of 13 c) Only apprentices, as defined in Section 3077 who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the appren[ice wage rate on public works. The employment and training of each apprentice shall be iri accordance with either of the following: 1) The apprenticeship standards and apprentice agreements under which he or she is training. 2) The rules and regulations of the Califomia Apprenticeship Council. d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade,the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employmen[ and training of apprentices in the area or industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall asange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship CounciL As used in this section,"contractor"includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days afrer concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equa] employment and affirmative action in apprenticeship for women and minorities. g) The ratio of work performed by apprentices to journeymen employed in a par[icular craft or trade on the public work may be no higher tlian the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otlierwise provided in this section, in o case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any joumeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before tlie end of the contract or, in the case of a subcontractor, before the end of the subcontract. However,the contractor shall endeavor, to the greatest extent possible,to employ apprentices during the same time period that the journeymen in the same crafr or trade are employed at the Attachment No. 1 Page 10 of 13 jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade,the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five joumeymen in a craft or trade classification. i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to joumeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision(g). j)Upon proper showing by a contractor that he or she employs apprentices in a par[icular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work£or every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set£orth in this section when it finds that any one of the following conditions is met: 1) Unemployment for the previous three-month period in the area exceeds an average of IS percent. 2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. 3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its joumeymen annually through apprenticeship training, either on a statewide basis or on a local basis. 4) Assignment of an apprentice to any wark performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety,or property of fellow employees or the public at ]arge, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by ajourneyman. I) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall no[be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the conh act, employs joumeymen or apprentices in any apprenticeable craft or trade shall contribute to the Califomia Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site.A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. 2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the Califomia Apprenticeship Council shall distribute training contributions received by the council under[his subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows: Attachment No. 1 Page 11 of 13 i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or hade and county for which the training contributions were made [o the council, the grant shall be divided among those programs based on the number of apprentices from that counTy registered in each program. iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. B)M apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees,prior to tlie receipt of any grant funds,to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so hat the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Deparhnent of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision. C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant fu ds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind [he registration of the apprenticeship program. 3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($3Q000). p)An awarding body that implements an approved labor compliance program in accordance with subdivisimi bl of Section 1771.Smay,with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. Section 1813. Forfeiture for violations: cantract stiaulation: report of violations The contractor or subcon[rac[or shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of Attachment No. 1 Page 12 of 13 the contract by the respective contrac[or or subcon[ractor for each calendar day during which the 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 this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. Section 1815. Overtime Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant [o the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 %z times the basic rate of pay. Attachment No. 1 Page 13 of 13 ATTACHMENT NO. 2 CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204 Section 9204. Legislative Findings and declararions regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) a) The Legislature finds and declares that it is in the best interests of the state and its cirizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. b)Notwithstanding any other law,including but not limited to,Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3,this section shall apply to any claim by a contractor in connection with a public works project. c) For purposes of this section: 1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: A) A rime extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works proj ect and payment for which is not otherwise expressly provided or to which the claimant is not otherwise enritled. C) Payment of an amount that is disputed by the public entity. 2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. 3)(A) "Public entity" means, without limitation, except as provided in subpazagraph (B), a state agency, department, office, division,bureau, boazd, or commission, the California State University, the University of Califomia, a city, including a charter city, county, including a charter county, ciTy and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. B) "Public entit}' shall not include the following: i) The Department of Water Resources as to any project under the jurisdiction of that department. ii) The Department of Transportation as to any project under the jurisdiction of that department. iii)The Department of Parks and Recreation as to any project under the jurisdiction of that department. iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. Attachment No. 2 Page 1 of 3 v) The Military Department as to any project under the jurisdiction of that deparhnent. vi) The Deparhnent of General Services as to all other projects. vii)The High-Speed Rail Authority. 4) "Public works projecY'means the erection, constmction, alteration, repair, or improvement of any public structure,building, road, or other public improvement of any kind. 5) "Subcontractor"means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and,within a period not to exceed 45 days,shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may,by mutual agreement, extend the tnne period provided in this subdivision. B) The claimant shall fumish reasonable documentation to support the claim. C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the goveming body does not meet within the 45 days or within the mutually agreed to extension of tune following receipt of a claim sent by registered mail or cedified mail, retum receipt requested, the public entiTy shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement idenrifying the disputed por[ion and the undisputed portion. D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph 3) shall apply. 2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, retum receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claunant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regazd to the disputed portion of the claim. Each party shall bear the fees and costs chazged by its respective mediator in connection with the selection of the neutral mediator. If inediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. Attachment No. 2 Page 2 of 3 C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluarion or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation orby issuance of an evaluation.Any mediation utilized shall conform to the timeframes in this section. D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediarion conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. E) This section does not preclude a public entity from requiring azbitration of disputes under private arbitration or the Public Works Contract Arbitration Program,ifinediation under this section does not resolve the parties' dispute. 3) Failure by the public entity to respond to a claim from a contractor within the rime periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim,or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regazd to the merits of the claim or the responsibility or qualifications of the claimant. 4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. 5)If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist,the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor.A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subconfractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall fiunish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the confractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that 1)upon receipt of a claim,the parties may mutually agree to waive,in writing,mediation and proceed directly to the commencement of a civil action or binding azbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. g) This section applies to contracts entered into on or after January 1, 2017. h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awazdee to meet its contractual obligations. i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. Attachment No. 2 Page 3 of 3 THE FINAL PREMiUM IS One ofTwo Originals) PREDICATED OM THE CALIFORNIAPUBLICWORKS BondNo. WCN5425590 FINAL CONTRACT PRICE PERFORMANCE BOND KNON ALL MEN BY THESE PRESLNTS, Thahve, HOfiZofls COf1StNCtlOf1 COfI'lpefly IflfEfflBfiOf781, InC. CON7RACTOR)nsPrincipal,and OldRepublicSuretyCompany SURETYJaCorporplionorgeniudwdexisling , underihela esoflheStateof WSCOfISI andaulhonzedrotransactbusinessintheSteteofCnlitomia,asSurety,areheldandfirtnly6aund unio Ihe CITY OR OI2ANGE,hereinafter celled he Obligee,in the sum SIX}iIJNDRED THIRTF.EN THOUSAND SIX HUNDRED FORTY-EIGHT AND 50/100 DOGLARS(5613,648.50)for the pnymenl whereof well end truly4o he made end x e each of us bind ourselves,our heirs,executors,adminislrelors,succasors end' essigns,ja ntly anJ severellg firmly by Ihese presents. THE CONDITION of he above oblige ion is such hat,WHEREAS,Ihe above named bounded principal is required lo fumish e bond[o seid Obligee,guarenkeing Ihe fai hful performence of a con[rect o do und perfolm the follox ing work,lo wiC Bid No. 190-23; SP-4113;Annual Concrete Reolacemen[At Various Loca[ions FY 2019-20 e copy ofwliich wntract is or may be anached hereto,end is hereby referted to end mude a pan hereof. NO\V,771CREFORE,if Ihe above bounded principal shall well mid wly pedomi the work contracted to be perFormed under seid wniracl,O en lhis obligalian to be null end void;othefwise to remain in PoII force and effecL The surety hereby.stipuletes and agreesihat no change,extension ottime,ulreration ar addition to ihe terms ofihe contrnct agreement,ar Ihe rork lo be perfortned Ihere undet,or he specificntions accompanying Ihe seme ahall otherwise affecl he obligations On Ihis bond,and il docs hca6y waive noiice of my such change,exlension nf time,alleretion or eddition m ihe 1e`ms of the Canlracl agreement or ro the work or lo Ihe specifications. SICNCD AND SCALED this 21 st y o February Za 20 Horizons Construction Com an Intem ' nal, Inc. Old Republic Surety Company CONTRACI' NAME6 SU Y ar:— q y p B: l SE RETAC'ii'9/ xtl y TTORNCY-IN ACT .Ma@heW R. DObynS BYi ` BY: PRGSID IC RESIDF.N .4Yh jYO APPR EDASTOFO CITY.ATTG RNGY Sl'A'fEOFCALI ORNIA Onihis dayof inthcyear20 bePommqLheundtrsigncl,x COUNI'Y O Notary Pu61ic in and for ihe said Staty personaliy appewed persanelly known to me(6r proved ro me on tNe basis of sefisfactory evidencc)w be the person(s)who executed 1he within instmment on hehaltoftM1e therein named,and acknawledged me lhet such. executed We same. WITNESS my hand and official.scal. Not Public in and for the saitl Stale. STATEOFCALIFORNIA Onihis dayof intheyear20 before.me,lheundersigned,a CO[7(7YOP NotnryPublicina dfor hesaidState,personelly appeared ' personally known to me(or proved to me on iM1e bacisof satisTactory evidence)ro he Uc person(s)who executed i ihewi[hinins rumcntonbehalfoflhe thereinnamed,and i ecknowledged me tM1at such ezecWed Ihe same. WITNHSS my hand andbfficiel seal. i Nota Publicin and fot lhe seid Sleie. i i. A* OLD`REPU LiC SURETY COMPANY POWER OF ATTORNEY KNO W ALL MHI BY THB38 P@836NTS? "Ihat OLU RBPOBL[C 90RE1'Y CQMPANY,a Wisconsin stook insurance co yoratioq doea make,conetimte add - ePPainC . RANDYSPOHN,MATTHEWR.DOBYNS,HAMILTONKENNEV,ASHLEYM.SPOHN,OFSANTAANACA i[s tnte(and lawful Atto ey(s)-in-Pact,witfi PoII powei and au hority,,fvr and on behalf of fie compagy as surety,[o axecuie and deliverand at7-ix he seaL of the _ company lhcreto(if a seal is rcqu'ved),bonds,undenakings,recogniiznces or other written obligations in the na[ure ihereof,(other lhan bail bonds,bank deposi[ory6onds,mongage.deficiency6onds,mortgageguarznty6onds,guararrteesofinstel(ment.paperandnotegualantybonds,self-insmance.workers p.. bamprnsationtondsguaranteeingpaymentof6ene[ts,asbesiosabate nerttconvzcibonds,wastemanagementbon8s;hazarduus.wasreremedid[ionbondsorblacklung . bonds), as follows: ALL WRITTEN INSTRUMHNTS' and tp tiind OLDREPUHLIC SURECY COMPANY ihereby,add ail ofiha aQte ofsaid Attameys-m-'act,pwsuanS'.o thesa presents,are rarifed and.confirmed ' This docum¢nt is noGvalid;unless printed on colored background and is multi-colored. This appointmcnt is made under and by authority oCthe boardloPd'¢uton at a special meetmg held on Febnwy l8,1982. This Power of Attomey is§gned and sealed by facsimile undei and by[he au hority ofthe following resolu[ions adopted by the board ofdirec ors ofthe OLD REPUBLIC SURETY COMPANY on February 18,1982. r AESOLYED ihat,lhe president,any vice-president,oc assistant vica president,in coqjuno[ion wjth the secrelaryur eny assistant seceeqry,piay;Ppoint a[tomeys-io-facl o[agents with a thodry as defined or limited in he insliument evidencing tlie appointmrnt m each'case,.for and on behalfof ihe company to , execute and deliver.and aflix the seal of the company[o bonds,.undertakings,recognizances,a"nd suretyship obligation5 of all kinds;and.aid otticers may remwe .. _ any such attomcy-iu-fact or agent and revoke any Power of Attomey previously granted m sucli person. RESOLVED'FURTHER;tha[anybond;undertakmg,reFognizance,or5brelyShiRobligahon sha bevalid andbindmgupantheCompany'""-. i)whrn signed by the presideue,any vice`prisident or assis ant v ce presiden[,and attes[ed endlsealed(if a seal6e required)by'a y secretary or ass stant secre[ary;br °. ii)whemgigned by Ne presidei t;any vice president or assistant vice°president,secretaty oc zs§istant secretary.znd coun[ers gncd andsealed(if-a seal be - required)by a duly au horizcd attomey-in-facl or agenq or iii)when duly executed and sealeA(if a seal6,erequired)by one or more attomeys-in-fact or agents pursuant lo and within Ihe limits oftheauthority. evidenced by lhe Pawer of Attomey Issued by Ihe wmpany to sueh person oi persms. BESOLVED FUR'IHER,ihat[he signa[urebf any authorized o c t and Ihe seal ofahe company may be a xed by facsimile to any Power of Attomey or ce[ification thereofamhorizing INe eieau[ion andtlelivery ofzny bontl,wde taking,recognii2nce,or o[hersuretyship obligations oftfie company;and such-a _ . signalure and seal when so usrA shall have ihe same force and effect as though manually a xed. IN W ITN2$$W}[EREOF,OLD REPUBLIG SUR6I'Y COMPA3QY has oauseQ these presenLs to:be signed by i proper o ce{,end ri9 corpOrelB seal lo ba e affuedthis 20TH dayof - JANUARY 2020 = s OLD R6Pli6LIC SORETY ObiPANY K Q' c s,a} u hf 3 0+'u Rpi a` i.SEAL': IA' L/ AsiistanlSecretary, o , y , ;, . . _ s,. . STATE OF WISCONSIN,CO[JNTY OF WAUICESHA SS "'^,,m°"` President Onthis ox- dayof ANUA Y,2029 ` _ _ rp onallycamebaforeme, AlanPavlier and Ka en J Haffner tt meknown to he the indiyiduals and otlSceis dfltie OLD REPVBLIC S1 R67'Y COMPANY who execyted he above ` i'nshvmenl,and lhe'y,eaCh acknowledged lhe execution of the Same,,end being by me dNy swom;dyd severaliy d`epose an8 szy; that Hiey ar0'ihe said Offioeis oCttie . - coryora[ion aforesaid,and hal!he seal a xed m the above inswment is the seal of[he corporntioq and lhat said corpoate seal and their signaNres az such o cers " weredulyaRxed andsubsepbedtoahesaidins[nunen[bytheauthvnryofthe boardofdirccrorsoCsaidcorporntion. 2 1.1 y' V . J i A 7 NotaryPubllc•,_- L4 My commission expir s: 9/28/2022 a.. C LfTIFlCATE -" P/ation of mfary commissto9 doas not mvalidaf¢this instrume rt) I;lhe undersigneA,assistan[secretary ofthe OLD RBPUBLIC SURE7'Y COMPANY,a Wisconsip cp porntion,CERTIFY thallhe Poregomg and attached Power of,pttomay.remains m full force and has not been revoked;artd ftiAiie`more;lhat tlic Resolutions oPthe board of d¢ectoce.@ t fonh in thc Poiera'oCAttomcy;are nOw in folce. - 21't ehrua 202074709 E uy`* . _Siguedandgealedatthe,Ci(yofB[ookfield,Wl:tliis dayof N . , , 1<:;.,,8 " o,SEAL 7{; y(ct.S,r'°t'•4 a.-r.it1 Assistant5ecre aryF n.+^ RS BONDINQ&A1SAG8NCY INC e •• •e s . 22851-W ... , 1 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other ofscer campleting this certificate verifies only the identity of the individual who signed the document to which this cerNficate is attached, and not the truthtulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE February 21",2020 On before me, ASHLEY MARIE SPOHN. NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS who proved to me on the basis of satisfactory evidence to be the person(sj whose name(s3 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity{ies3, and that by his/her/their signature(s3 on the instrument the person(s), or the entity upon behalf of which the person(s} ASHLEYMARIESPOHN acted, executed the instrument. o COMM.#2188665 NDTARYPUBLICCALIFORNIA o I certify under PENALTY OF PER]URY under the laws of the State of3ORANGECOUNNN Mycomm,e piresMar.27,2ozi t California that the foregoing paragreph is true and correct. WITNESS my hand and official seai. Si ature of Notaty i;.. Q_L.UNAL n's,:74,a'.k'' 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 farm. CAPACITY CLAIMED BY SIGPJER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: _ SIGNERIS REPRESENTING: NAME OF PERSOM(S) OR ENTITY(IES) CALIFORIVIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. State of CALIFORNIA County of ORANGE On February 26, 2020 before me YAZMIN BARRERA VALDES. NOTARY PUBLIC Personally appeared KINAN KOTRASH who proved to me on the basis of satisfactory evidence to be the person(s3 whose nameEsj is/are subscribed to the within instrument and acknowledged to me that he/ske/ey executed the same in his/qe ei authorized capacity(-ies), and that by his/keF{kei signature(s3 on the instrument the person{sj, or the entity upon behalf of which the person{sj acted, executed the instrument. I certify under PENAL7Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corred. WITNESS my hand and official seal. YA77AIN BARRERA VALOES C a NotaryPubilc-Califarnia T'Oran9eCounry Commission 2241343 My Comm.Ezpires Jun 2,1021 Sig at of Notary yq.m. re._ar . A t,Sr+'k Any n r . i.v .. . , e.:: t . Y. .:' '3e Mk#:A112 ' t n« ti #'.Y ' ^ . .. .. . ...d .`' I n J.i : Though the data below is not required by law, it may prove valuable to persons relying on the dacument and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL Performance Bond— Bond No. WCN5425590 CORPORATE OFFICER Bid No. 190-23; SP-4113: LIMITED Annual Concrete Replacement at Various Locations FY 2019-20 PARTNER(5) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: _ SIGNER IS REPRESENTING:HORIZONS CONSTRUCTION CO. INT'L. INC. NAME OF PERSON(S) OR ENTITY(IES) One of Two Originals) CALIFORNIAPUBLIC WORKS BondNo. WCN 5425590 PAYMENTBOND KNON ALL M1iGN BY THESE PRGSENTS, Tnaure Horizons Construction Company International, I(1C. CONTMCIOR)nsPrincipat,and OldRepublicSuretyCompany S[7RC7'Y)aCorparationorganizedandexisling . undenhelawsofiheStateof Wsconsin andauthorizedlotran5acibusinessinlheS aleoCCalifomie,asSurety,areheldandfitmly6ound untotheCITYOFORANGE hereinaftercalledtlmObligee,inlhesumof DREDTHIR EENTH ANDSIX IJNDREDFORTY-E HT ND50/1 LAR ($613.648.SOlforthcpaymentwhereafwellandlmly lo he made ond ve each of us bind ourselves,oun c irs,cxecuiors,edministretors,sucecssors end assiyms,joinlly and severally,firtnly by these presents. VHERCAS,Ihe above named bawded principal is required lo fumish a bond ro said Obligeq guarenleeing ihe paymenl of claims of leborero,mechanics,meterial suppliers and eny other persons,az provided 6y Ihe law in connection with a contrac[lo do end perfortn the following work,m wiC iBidNo. 190-23; SP-4113:Annunl Concrete Reolacement At Various Locations FY 2019-20 NO\V,TAEREFORG,if Ihe Principal or his subconUaclors,shall faii to pey eny person nemed inBection 3181 of Ihe Civil Code ofihe State of CNifomia,or amounls i ducunderlheUnemploymentlnsurenceCodea ithrespecitoworkorleborperformed byanypersonnomedinSection3181oflheCivilCodeoflheStateofCalifomia, or for any emounis required ro be deducled,wi hheld,and paid over to he Employmen[Development Deperlment5nm he wages of employees otthe principal and his su6wn tuctors pursuant ro Seeiion 13020 of the Unemployment Insurence Code,with respect m such wo k end labor,lhe Surery will pay for Ihe same in on aggregate i amount not exceeding the sum specified in Ihis bond,and slsq in case suit is hmught upon this bond,e reasoneble attomey's @e,to be fixed by ihe court in accorde me with.Section 3250 of the Civil Code af[he 51a1e ofCalifomia. This bond shall inure m the benefit of any person named in Seclion 3181 of the Civil Code of the Statc of Califomia so u lo give a right oCaction to such person or his usigns in enysuit hmught upon INis bond. SIGNEDANDSEALEDt6is 21s dayof Fe6ruary yp20 Horizons Construdion Com an ernational, Inc. Old Republic SureTy Company CONT OR NAME O S RET BY: BY: 2 j CRET e TTORNEY-IN-F T Matthew R.Do6yns 3Y:' " BY: PRESID 1 RESII)6N' KINp„ APPR EDASTOFO 1: IT]"A'C!'ORNEY ' 5TAT60RCALI ORNIA OnWis dayof inlheyear20 beforeme,iheundersigned,a COUNTYOF NotaryPublicinandforlhesaid.State,personally:appeared Personolly known to me(or proved to me on.lhe basis of setisfaclory evidence)W be O e person(s)who executed The Jithin insuument on behalf of the therein named,end Acknowledged me Ihal such ezeculed Uie same. WI77JESS my hand and ofliciel seal.: Note PublicinmdforlheseidSlate. SI'ATEOFCALiFORNIA Onthis dayof imlheycar20 beforeme,heundersigned,a COUN7YOI+ NotaryPublicinendPorlhesaidSiaro,personellyappeared personelly known to me jor provcd[o me on ihe tiazis ofsatisfaclory evidence)eo be tfie person(s)wM10 execured hewi hininsWmentonhehalfohhe Ihereinnemed,and I flcknowledged me het such exewted Ihe same. I WITNESS my hand e id oIDcial seal. I Mot Public in wd forthe said Slate. I i e - OLD'RE PUBLIC SUitET'`COMI'ANY- FOWER OF ATTORNEY KNOW ALL MEN BY THESE:PRESENTSi.Tha[OLD REPUBLIC SURETY COMPANY,a Wisconsin stoCKinswance corporelion,doc5 make,wnstiWle and aPPoinC .. RANDVSPOHN,,MA7THEWROOBYNS,HAMILTONKENNEY,,ASHLEV M:SPOHN,.OFSANTAANA,CA itsVueendlawfulAttomey(s)-in-Fact,Withfullpower,andauthority,-forandonbehal(ofthecompanyassiuety,t6ezecu[e anddelivernnd'at£ixthesea(ofthe .-, company Ihcreto(if a seal is required),bonds,undertakings,recognizances or other written o6ligations in the nanue thereof,(o er hm bail bonds,bank deposimrybonds,mprtgage.deficiencybon4s,mottgageguamnty6onds,guaranteesof.inStalLnentpaperandnoteguamrttybonds,self-insurenceworkers compensation bontls;gu9iantaeing pay pent of bwe[s,esbestw ebnieme t cou[acihopde,wu amanagement 6onds,hazacdopswes(C remMiatio bonds or black'luug ` , bqnds). as Pollowso ' ALLWKITTENINSTRUMENTS 3 andto`bindOLDI PP[I LICSURETYCOb1PAN-Y hCroby,aridailQPlheaCisofsaidAttom ys-jm aat,pursu6utm thceo'presents,areratified2ndxonfirmed; 7Lis dacumenf isnot valid unless printed an colored.background and is mW[i-colored. This aDPo nVnentis made underand 6y zuthority ofthe:6oard ofdirulws at:aspecial mee[ing held on Febrvary 16,1982. This PowerofAttomey is'signed and sealed hy fac5im lc:under and by theauthority ofthe fpllOwing resolu[ions adopted by he board of directors of U e OLD REPUBLIC SUREI'Y COMPANY on February 18,1982. R$OLVBD tliat 3he presiden[,y vice pre ident or assis t diee presideu[,in wnjunctloqwitl ihe sec[Emry§r auyes9istan[secretary,mayreppoint „ - attomeys in-fac[or agents with au hority asdeCmed or limited inf he inswment evidrne ng Ilie appoin nent in each'case,for and on behalf bf the company to ; ezuu[e and delivec and afia the seal ofihe company m 6onds;uudert5kings,recognizances,and'siuetyshippbliganons tif all kinds;aud said otliceis may remove _ iny such altomey-in-fact or agent and revoke any Power of Attomey previously granled to such persoa RESOLVED'FUR7HER,-Ihat anybond,undertaking,recognizartce,or 5utety5hip obligalion s9a11 be valid antl 6intlmg upon the Company ' " . i)whonsignEd by iha presidepl:any vicS p egidw[oc aes tant'vioe presUart,and zttasted avd;sealed(if3seaCba required)6y'any seorc[ary 5r ak sistant - . swcetary;or - ii)whrnsignedby hepresidep[;anyyicepresidentorassiBtan[vicepresldent,searefaryoras9istanlaeccelary,ndcom[e gignedandseeled if2iealbe requirefl)by a duly authorized attomey-imfact or agenq or iii)when duly.executed and swled(if a seal be requircd)by one.or more attomeys-in-facl.or agents pursuanl_o and wi[hin[he limits oMe.authority evidenceA byihe Powerof Atiomey,ssucd 6y he company to.such person or Petsons. - R SOLVED F IBTH6B,lhatlhes gnnla eofynyau[horizeddfKearantlthesealof(hecompanymayba kedbyG6aimile oanyPow rofeittomeyo) " . kertificati6nthereofzuthorizingthe:execulionanddelivcry ofany:6ond,unde king,recognizance,orotliersuretyshipobligationsof hecompany;andsucN= ...: signalure and seal whw so used shall have the same force and effec[as hough manually affixed. IN W I7'NES$WFIEREOF,OLD REPUBLIC SURETY COMRANY has causeA IAese presrnts to 6e signed by;itspmper officer,and its colpom[e seal lo be ' affixed his 26TH dago( tANUARY 2020. ' " .. bLD REPUBLIC SORETY GOMPANY 0 s xi e,jSc+-u-R-Q•a Fa.6-f uu-i t';a Asslsmnt5ecretary ' i `BEAL'z e ., l i h° d STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS 0yb.'«^""` ` presitlent Onth s. ZoTH dyyof JANUAAY,2020 " : Pgrsonallycamebeforeme, AlanPavlic. and ' ' Ka[en J Haffner. ro meimow[i Io tic the udi3iduals and officers ofthe OLD REPUBLIC SURETY COMPANY who executed ihe above mswment,and ihey..cach acknowledged the execution of the.same,znd.tieing by me duly swom;did severaliyydepose and say; t6at ihey are:ihe.said officers of the - , wryorntion aforesai3,and tha[he seal affized m the above insWment is Ihe seal of he cocporation,and that szid coryorate seal and their signatures as such officers wercdulyaflixedandsubscribedtothesaidinstrumrntby heauthprityoftheboard.oCdirecmrsoCsaidcoryoration. p , yJ OiAA'i I V . 40 0 j. No2nryPubGc ' My cortunission expires: 9/28/2022 CERTIFICATb "` Expiratlanof notary commission does not invalidate this instiument) 1,`the undersigned,assislant secretary of ihe OliD REPUHLIC$URE7Y COMPANY,a Wisconsin corpora[ion,,CERTIf Y thar the foregoing and attachcd Power .. of At[omey remain5 in full(orce and has ntlt6ern revoked;and fwthermore,ha[he Resolutions of the board of d'vecfors ut fonh in thc Powet of Attumey,are now m foroe. r 21' ' februa f202074-7097 - n"pi. Signedandsea edattheCiryoCBrookfald;Wl.lh s dnyoP .., ryeJ9 i a r. g SEAL.i.t ., b.* K.':.J 3 a ragr J Assis ant5eoretaryh*.' R,S.$ONDINd&1NSAGENCYxINC o 22851-W _.. ... l'i .,... EALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the idenHty 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 February 21", 2020 On before me, ASHLEY MARIE SPOHN. NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS who proved to me on the basis of satisfactory evidence to be the person(sj whose nameEsj 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(sj on the instrument the person(sj, or the entity upon behalf of which the person(sj ASHLEYMARIESPOHN acted, executed the instrument. o COMM.#2188665 NDTARYPUBLICCALIFORNIA I certi under PENALTY OF PERJURY under the laws of the State of3ORANGECOUNNsfY Mycomm,expiresMar.27,zozi t California that the foregoing paragraph is true and correct. T WITNESS my hand and official seal. C II Si ature of Motary 1i° O PTIONAL 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 CORPORATE OFFICER PARTNER(S) LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: _ SIGNERIS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other offices completing this ceMificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validitv of that document. State of CALIFORNIA County of ORANGE On February 26. 2020 before me YAZMIN BARRERA VALDES. NOTARY PUBLIC Personally appeared KINAN KOTRASH who proved to me on the basis of satisfactory evidence to be the person(sj whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/sMefEhey executed the same in his/#er Eqeif authorized capacity(ies), and that by his/Her{FbeiF signature(sj 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. VAZNINBARRERAVAlDES 7 '7 No[ary Public Califo nia L i t ' Orange County b Cammission k 2241343 My Canm.EKpires Jun 3,102t Sig t of Notary a a n'. r'.;. .. i.a.B e.'.i€t.a r tI{i`I"i k'"'" «, :%'i. . :a.. af a t a 3, ^' j t a, Though the data below is not required by law, it may prove valuable to persans relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATI'ACHED DOCUMENT INDIVIDUAL Payment Bond—Bond No. WCN5425590 CORPORATE OFFICER Bid No. 190-23; SP-4113: LIMITED Annual Concrete Replacement at Various Locations FY 2019-20 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)